Impossible - Judgment Search Results

Pliva, Inc. Vs. Mensing

Court: US Supreme Court

..... against pre emption the burden should fall on generic manufacturers to show that compliance was impossible on the particular facts of their case by holding that the possibility of possibility is ..... 8 in its decision below the eighth circuit suggested that the manufacturers could not show impossibility because federal law merely permitted them to sell generic drugs it did not require them .....

Sri Amuruvi Perumal Devasthanam, Mayuram Taluk, Represented by Its Man ...

Court: Chennai

Reported in: (1962)2MLJ452

..... by mere economic unprofitableness 20 the next question that arises is whether the doctrine of impossibility of performance or the doctrine of frustration can be applied to leases of immovable property ..... applied to a commercial adventure and being an agricultural lease there is no question of impossibility of performance or frustration therefore the plaintiffs are entitled to collect the rent as per .....

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court: Mumbai

..... issue in negative but held that filing of such petition made grant of specific performance impossible 96 on the issue as to whether the petitioners have committed any default in making ..... the said action nirmal lifestyle limited had acted in a manner that had rendered it impossible for the respondents to proceed with the performance of their obligation under mapa and as .....

Mutual Pharmaceutical Co. Vs. Bartlett

Court: US Supreme Court

..... to avoid liability indeed if the option of ceasing to act defeated a claim of impossibility impossibility pre emption would be all but meaningless 564 u s at slip op at 14 ..... s simple composition the drug is chemically incapable of being redesigned accordingly because redesign was impossible mutual could only ameliorate sulindac s risk utility profile by strengthening its warnings thus new .....

United States Vs. Winstar Corp.

Court: US Supreme Court

..... a private shipper it would have been entitled to assert the common law defense of impossibility of performance against horowitz s claim for breach although that defense is traditionally unavailable ..... have overcome this reverse presumption that the government remains free to make its own performance impossible through its manner of regulation their claim is that the government quite plainly promised .....

S.P. Gupta Vs. President of India and ors.

Court: Supreme Court of India

Reported in: AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... articulates it though transfers in such cases arc preeminently in public interest it will be impossible to achieve that purpose if a judge cannot be transferred without his consent his personal ..... operate to subserve a partial interest viewed exclusively from a narrow departmental angle it is impossible for it to see or give equal weight to another matter namely that justice should .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court: Supreme Court of India

Reported in: AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... the united states by joseph story 2184 i find it impossible to accept the contention that the preamble is not a provision of ..... 1660 set out to make personal government by a monarch impossible the true sanction against such political crimes lies in the hearts and ..... individual opinions by the justices as a healthy practice rendered impossible only by the increasing volume of the business of the court .....

Fibrosa Spolka Akcyjna Vs. Fairbairn Lawson Combe Barbour, Limited

Court: House of Lords

..... innocent party has elected to treat as avoiding the contract and cases in which intervening impossibility only releases the parties from further performance of the contract but does the distinction ..... falls or at greater length that where a contract is discharged by reason of supervening impossibility of performance payments previously made and legal rights previously accrued according to the terms .....

Om Builders (P) Ltd. Vs. Anil Chinubhai Kilachand and Others

Court: Mumbai

..... balance consideration the requisitioning scheme for military purposes was stated to be an impossibility which prevented the parties from completing the contract the plaintiff sought to enforce the ..... that non performance of conditions under the contract cannot render a contract impossible of performance even if its impossibility is based upon the act of another 40 thus read and interpreted .....

Ntpc Limited vs.voith Hydro Joint Venture

Court: Delhi

..... circumstances or an occurrence of an event that renders it impossible for the parties or anyone of them to perform the contract plainly ..... who expressly contracts absolutely to do a thing not naturally impossible is not excused for non performance because of being prevented by the ..... 37 and 38 of the gcc and therefore such impossibility ought to have been considered in accordance with the terms of the .....