SC rejects extension to Sanjay

May 14, 2013 14:31
SC rejects extension to Sanjay

Hindi film star Sanjay Dutt was denied extension to surrender in his case related to 1993 Mumbai blasts.  

As Sanjay Dutt has to surrender on 16 May, some of the film producers who could not complete the agreed films with him appealed in Supreme Court to extend the time for Sanjay’s surrender.  But their petitions were rejected by Supreme Court.  

An agreement entered into by two parties can not bind a court to give time for the sake of performance of it.  An agreement under the Law of Contracts needs two parties, consideration and its performance.  A party of the contract who does not perform his part of the agreement is a defaulter.  But if the performance becomes impossible by law the agreement stands cancelled.  In the light of it, Sanjay Dutt cannot perform his part of the agreement as it is made impossible by law due to the court’s judgment.  But it cannot be other way around.  

A bench of Justice B.S.Chauhan and Justice Dipak Misra refused to hear the petions filed by the film producers to extend the time further for Sanjay Dutt’s surrender.  Already Supreme Court gave an extension of four weeks earlier and a review petition was rejected.  As Supreme Court already took a sympathetic view to reduce the jail sentence from 6 to 5 years and extension of time to surrender, further stretching the case was not entertained by the Court.  

AW-SriJa

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