সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Consideration under Contract Act
What considerations are lawful and what not-withdrawal of criminal proceedings-If from the evidence and circumstances it can be inferred that the consideration is referable to the withdrawal of a criminal proceeding the agreement must be held to be void under section 23 of the Contract Act. Lal Mia vs Abdul Gani 5 DLR 338.
If, however, there is a bona fide civil dispute which the parties have decided to settled and there happened to be subsidiary proceedings in a Criminal Court, it would be contrary to public policy and to justice and equity to allow any person to escape his proper legal liabilities on the mere technical ground that there was some understanding that those criminal proceedings too would not be pressed to a conclusion. Lal Mia vs Abdul Gani 5 DLR 338.
Section 25 (Explanation 1) Gift made without consideration-Void Conditions for such a gift. When a gift was made for service rendered although they could not be measured in money.
Held: The recital in the deed of gift in respect of the services rendered by the donee to the donor is only a motive for making the gift and is not a consideration for the gift, and it does not alter the character of the gift unless such services are in fact rendered for consideration and in expectation of a return and could be reckoned as having a monetary value. Mst Bhagni vs Manzur Hussain Shah, PLD 1957 (Lah) 574.
Time-barred debt-promise to pay under dures-promise invalid. Noor Muhammad vs Abdul Sattar Jan, PLD 1959 (Kar) 384 (DB).
Inadequacy of consideration-Explanation 2 Agreement to which consent of promisor was freely given would not be void merely because of inadequacy of consideration. Such inadequacy of consideration, could be taken into account by the Court in determining the question whether consent of promisor was freely given. PLD 1987 Pesh 65.
Jurisdiction-Contract ousting jurisdiction of one of the two Courts
Not against public policy. Musa Ji Lukman vs Durga Das, AIR 1946 (Lah) 57.
Lease of factory-Municipal Corporation holding that license should be obtained for the factory No proof that license was required prior to the lease-Contract not void. Abdul Karim vs Ali Mühammad. PLD 1959 Supreme Court 167.
Unlawful consideration and objects-Unlawful consideration.
money due under an illegal or immoral contract cannot be recovered by a charge in the form of action based on a subsequent agreement connected with it. 1935 (Cal) 748. -pecuniary assistance in litigation is good consideration. 1932 PC 278: 138 IC 900 PC
Where the brother of a deceased person took over his liability and the creditor sued to enforce the liability, held that the undertaking of the brother was supported by consideration since there was discharge of the state of the deceased from liability. 1932 (Lah) 135; IR 1932 (Lah) 193; 136 IC 17.
Where the son joined in the striking of the balance, the consideration for the liability undertaken by the son was the creditor's forbearance to sue. 32 PLR 632: 134 IC 1105.
The execution of a sale-deed by Mohamedan mother-in-law in satisfaction of the contemplated dower of her daughter-in-law is for a valid and legal consideration. 1930 (All) 434; IR 1930 (All) 487; 124 IC 183, 32 (All) 410 (Rel) on.
A promissory note executed by a minor though void is not unlawful consideration for a bond executed by his son after his death. 1923 A 590: 21 ALJ 446; 73 IC 458.
An executed and completed contract cannot be set aside merely because the consideration is illegal, it must also be proved that the parties are not in pari delicto, 1933 Oudh 24.
Effect of part of the consideration being unlawful.
If part of the single consideration is unlawful, the whole agreement is void. 49 B 619; 89 IC 199: 27 (Bom) LR 682. -if part of the consideration is illegal, it taints the whole, 20 CWN 760 at p 767
Section 14 does not apply to alternative promises, the fact that one clause is void does not necessarily cause the other clauses to fail. 1931 (Bom) 264: 133 IC 254; 33 (Bom) LR 260 IR 1931 (Bom) 366.
Forbearance to sue is good consideration-Forbearance to sue and forbearance to take definite steps to enforce legal rights have always been held to be adequate consideration to support an agreement. 47 A 637: 1925 (All) 503 (FB); 1931 (Lah) 756.
Settlement of dispute may be good consideration-In a partition suit between co-sharers, the dispute may be settled on terms though apparently without consideration. 39 CWN 716.
Stranger cannot question adequacy of price or passing of consideration-A stranger cannot question the assignment on the ground of inadequacy of price, or as being, unfair and inconsiderable, that being a matter between the assignor and the assignee. 18 CWN 450: 35 CWN 191: 27 CWN 524.
Nor on the ground of non-payment of consideration. 27 A 271: 9 CWN 477; PC 47 CLJ 365: 107 IC 744; 1928 (Cal) 299.
A stranger can challenge the transfer as benami. 1942 (Cal) 514: 46 CWN 798.
Sale deed cannot be challenged by a stranger, where apart from untrue recital in it as to consideration, there no other flaw. 9 CWN 477: 27 A 271; 32 IA 113 PC.
The principle enumerated in 17 All 271 case, that a stranger to a deed cannot dispute the payment or non-payment of consideration, its adequacy or inadequacy, has no bearing in a case where a deed is challenged as a real deed or to affect transfer of title. 37 CLJ 122; 1923 (Cal) 521, this case has been distinguished and commented on in 47 CLJ 365: 1928 (Cal) 299
Which has followed the 27 (All) 271 case and held that any question that may arise between a vendor and a vendee with reference to the transaction is outside the competence of a trespasser to challenge the validity of the sale on any such ground. But as regards the passing of consideration of hiba-bil ewaj, see 17 CLJ 173 and 25 CWN 833; 49 C 161.
A stranger to a contract (here a mortgage) cannot avoid it on the ground of undue influence, 49 CLJ 67.
A decree may be purchased by less amount, still whole dues may be realised. 18 CWN 113 at p 115.
Consideration of mortgage debt. mortgage is to prove denial of consideration but when stranger objects, mortgagee is to prove passing of consideration. 5 CLJ 653; 6 CLJ 659; 6 С 268; 17 A 428; 5 CWN 403: 5 CLJ 653.
Where part of the consideration is paid, mortgage bond is valid to that extent. 10 CWN 932.
A consideration is legal even if it does not benefit the promisor, a mortgage is binding on all the mortgagors if some may not be benefit thereby. 22 CWN 138.
Contract of separate maintenance of Hindu wife.
Where a Hindu husband, who was on bad terms with his wife but not such as to entitle her to claim separate maintenance or residence, promised to pay her separate residence of maintenance, it was not enforceable for want of consideration. 4 CWN 488.
Admission before ration-admission of receipt of consideration want of passing-Registered sale deed. 27 CWN 8; 20 ALJ 961; 30 MLT 232; 24 (Bom) LR 975; PC 2 (Lah) 249; 64 IC 901.
Presumption as to passing of consideration.
Passing of consideration may be presumed from the recital in the document. 1923 C 139; 38 CLJ 114; 74 IC 178; 20 CWN 254.
Burden lies or the executant. 1923 (Pat) 20; 70 IC 804; 5 (Lah) LU 198; 71 IC 783.
Consideration may be payable to third person. consideration may be payable to third person and the transferor may sue for the sum if unpaid. 36 M 348; 18 CLJ 603; 17 CWN 1143; 14 CWN 805: 32 A 410 PC so also the third person can sue. 27 CLJ 483.
Where the consideration defeats the provisions of any law such as the provision of section 6(a) of the TP Act, the transfer is invalid 1931 (All) 589: 132 IC 321.
Champerty in India agreements to finance litigation in consideration of having a share of the property in case of success are not per se opposed to public policy. They may be so if the object of the agreement is an improper one, such as abetting or encouraging unrighteous suits or gambling in litigation, or if their enforcement against a party may be contrary to the principle of equity and good conscience as unconscionable and extortionate bargains. 35 CWN 633; 54 CLJ 183:33 (Bom) LR 960; 131 IC 401; 1931 ALJ 544; 1931 PC 100; 61 MLJ 94 PC 52 CLJ 492: 1931 (Cal) 417: 29 CWN 37 PC: 21 CWN 873:
But champertous agreement, if extortionate and unconscionable, is contrary to public policy 1934 (All) 1023 (Bang) 418.
Considerations in deciding whether a champertous agreement is void or not 1940 PC 19: 42 (Bom) LR 307; 44 CWN 345.
An agreement by which a party agrees to pay Rs 60,000.00 in consideration of the other party supplying funds and otherwise assisting him in certain litigation is binding on the parties IR 1932 PC 278; 138 IC 900 PC.
It is contrary to public policy to induce public officers for money or other valuable consideration, to use their position and influence to procure benefit. 25 CWN 297; 32 CLJ 168: 48 C 427.
Contract for sale for the consideration that the purchaser would hush up a departmental enquiry against the vendor is void. 18 CWN 689.
An agreement to give a son in adoption in consideration of certain allowance to the natural parents is void. 12 BLR App 42.
Compounding of non-compoundable offence-An agreement to compound a non-compoundable offence is forbidden by law and when such an agreement constitutes the consideration for or is the object of an agreement the latter will fail to develop into a contract. Such an agreement is illegal as opposed to public policy. PLD 1987 Lahore 398.
But where the agreement is indivisible and the part of a single consideration or an object is unlawful, the whole agreement is void. 32 В 449, 57 В 278: 1933 (Bom) 132: 27 A 266: 56 CLJ 413; 1933 (Cal) 196: 1933 (All) 468
Agreements without consideration-What is consideration-the definition of the term "consideration" in section 2(d) is wider than under the English Law. It need not necessarily be a benefit received by the obligor, it may be for the benefit of third person. 61 C 841; 38 CWN 682; 1934 (Cal) 682; 1934 (All) 271.
Agreement without consideration is void-where the plaintiff asked the defendant to bring Thakur to his house on a particular day of a festival and made arrangements for Bhog and feeding of guests, and the defendant promised to bring the Thakur on that date but failed to do so, and consequently the guests did not partake of the food prepared by the plaintiff and the defendant for damages, help that there being absence of consideration the defendant was not liable for failure to keep promise. 49 CLJ 278; 1929 (Cal) 369.
Agreement to pay cess where no cess is payable by law is void. 1947 (Cal) 70.
Agreement for further enhancement of rent on measurement without consideration is not enforceable future independently of the agreement a suit for enhancement of rent lies. 57 CLJ 202: 1933 (Cal) 725.
Agreement without consideration when valid forbearance to sue is a valid consideration when the plaintiff acts in the bona fide belief that he has a true claim. 1929 (Lah) 689; 118 IC 646; 11 (Lah) LJ 99.
Dispute or doubtful claims to legal or equitable rights will support the consideration for compromise and forbearance to sue or release of a bona fide claim which is reasonably doubtful in fact or law. 1929 (Lah) 485; 116 IC 312.
Where a person settles an annuity upon his wife the settlement cannot be construed to be a contract for consideration of love and affection, but is a gift pure and simple and no consideration is necessary. 135 IC 753; 55 CLJ 66; 36 CWN 392; 62 MLJ 292; 1932 ALJ 703; 13 (Pat) LT 241.
Adequacy of consideration-adequacy of consideration is not under explanation 2 to section 25, Contract Act a matter of consideration in deciding the validity of an agreement. 45 A 590; 21 ALJ 446.
Section 23-If consideration is for compromising a non- compoundable offence then it is hit by section 23 of the Contract Act as opposed to public policy, Mou Mia vs Ayesha Khatun and another 48 DLR (AD) 64.
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