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“Once, by virtue of the Memorandum of Family Settlement, the respective shares of the family members were identified, the Builders’ Agreement, which is essentially an agreement to construct the building, will not result in its modification or novation.”
by Yogendra Aldak*, Pranav Mundra** and Balraaj Singh***
The Court presumed that the absence of a reason for not disclosing the higher amount in the Agreement to Sell (‘ATS’), and the lack of explanation for payment of sale consideration disguised as rent is likely to evade taxes. This suppression made the 1982 ATS illegal, and against the public policy as per, Section 23 of the Contract Act, 1872.
by Sumit Gehlot* and Vaishnavi Agrawal**
by Dr G.B. Reddy* and Dr S.B. Md. Irfan Ali Abbas**
by Abhinav Agrawal* and Deepali Poddar**
by Abhishek Bhushan Singh* and Khushi Bansal**
This report covers the Supreme Court’s Never Reported Judgment on what constitutes as a contract, dating back to the year 1954.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for breach of contract.
Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.
by Dormaan Jamshid Dalal*
by Muskaan Garg†