Alopi Parshad & Sons Ltd v. Union of India AIR 1960 SC 588 (Section 56, Frustration, quantum meriut, Section 62) FACTS: Plaintiffs were appointed by UoI to provide for the army personnel ghee in return for consideration as stipulated under contract. World War II then started and after three years, government in light of increased demand for ghee…
Saradamani Kandappan v. S. Rajalakshmi & Ors. (Performance of Reciprocal promises, S.51 to 55) FACTS: Plaintiff entered into contract for purchase of certain mortgaged properties with defendant on following terms: first, that the execution of sale deed shall be at the convenience and desire of plaintiff; subject to her satisfaction of title to the land…
IK Sohan Singh v. State Bank of India (Uncertainty, Contingency) FACTS: Defendant purchased some property from D for Rs. 75000/- out of which 50,000/- were paid at the time of execution of sale deed and rest disputed 25,000/- were to be paid “as soon as possible but at a time when the vendee is in…
HPA International v. Bhagwandas Fateh Chand Daswani and Ors. Civil Appeal Nos. 6006 of 2001 and 336 of 2002 (Contingent Contracts-Implied terms) FACTS: Due to likelihood of coercive recovery of public dues by attachment and sale of property by public auction, sale of property was necessitated (this fact was recited in agreement) and defendant entered…
Martin Walford v. Charles Miles [1992] ADR.L.R. 01/23 (Lock-out and Lock-in Agreements; Uncertainty) FACTS: On 17th March M agreed that, provided that W’s bank confirmed that W had the necessary financial resources to purchase M’s business for 2m pounds, they would ‘break off any negotiations with any third party and would not consider any other…
Percept D’Markr (India) Pvt. Ltd. v. Zaheer Khan & Anr. Appeal (civil) 5573-5574 of 2004 FACTS: Defendant entered into a contract for management of his media affairs with the plaintiff company on the term that prior to the completion of first negotiation period and thereafter, plaintiff will have the ‘right of first refusal’ in regard…
M/S Gujarat Bottling Co.Ltd. & Ors. v. The Coca Cola Co. & Ors. 1995 SCC (5) 545 (Restraint of Trade, Substitution, Assignment) FACTS: GBC entered into an agreement in 1993 with Coke for grant of franchisee to prepare, bottle, sell brands of latter, but not to be concerned with the beverages of any other brand…
Central Inland Water Transport Corporation v. Brojonath Ganguly 1986 SCR (2) 278 (Standardised Contracts-Public Policy-Unconscionable Bargains-S.23-Void) FACTS: Plaintiffs worked in a company which was dissolved by Court’s order and they were then inducted into defendant Corporation upon latter’s T&C. After years of serving Corporation, plaintiffs were arbitrarily kicked out of the Corporation by virtue of…
Mohanlal Jagannath v. Kashiram Gokul AIR 1950 Nag 71 (74) [Indian Contract Act (ICA), Section(s): 16, 23, 24] FACTS: Panchas delivered an award under which defendant was to convey half of his share in his inherited property to his uncle who was to pay defendant’s share of debt, payable by him. Defendant consented to this award in return for…
Leslie Ltd. v. Sheill (1914) 3 K.B.607 (Minor agreement—void—equitable relief) FACTS: Defendant obtained loans from plaintiff by fraudulently misrepresenting that he was of full age at the time of contract. Defendant sued him to recover the money. ISSUES: 1) Whether defendants are entitled to equitable restitution against loan given to minor? 2) Whether they could claim…
Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 (Minor Agreements) FACTS: Agent of defendant advanced money to plaintiff, an infant, fully knowing his incompetency to contract, against mortgage of property belonging to latter. Plaintiff commenced this action to get the mortgage declared as void u/s 2, 10 and 11 of ICA and repossession of property thereunder conveyed to…
Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas 1966 AIR 543 (S.3 and 4, place of formation of contract, postal rule) FACTS: Plaintiff offered to get certain goods supplied at Ahmedabad to defendants who accepted the offer at Khamgaon. On defendants’ failure to supply requisite goods, plaintiff sued them at Ahmedabad. Dispute arose as to where…