Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Marriage Built On Mutual Trust, Companionship; When These Missing, Marital Bond Becomes Mere Legal Formality : Supreme Court
The Supreme Court ruled that under Section 20 of the Specific Relief Act, a defendant can raise the plea of hardship only if the hardship was unforeseeable at the time of the contract’s formation. The case clarified that a defendant cannot invoke hardship simply because the conditions have become difficult or impractical over time. For such a plea to be valid, the event causing hardship must have been unforeseen during the contract's formation. This decision clarifies the applicability of hardship claims, ensuring they are not used as an excuse for performance difficulties arising from predictable events. It highlights the importance of foresight and fairness in contract formation.