same thing in the same sense. The
parties were consequently not ad idem as the terms and stipulations in the
contract were not certain ... from Clause 12
thereof and hence the parties were not ad idem. Non finalization of certain
aspects which may be considered in the lease deed
jurisdiction to decide the disputes
inasmuch as the parties were not ad idem to refer the dispute
for arbitration. Learned counsel submitted that the High ... rightly appreciated all these facts then submitted that the
parties were ad idem in the matter of terms of the sale contract
which contained
counsel for the parties have obtained requisite
instructions and they are ad idem that instant appeal be disposed of on the
following agreed terms, which ... till he attains the age of 21 years, on account of ad idem,
which in fact is arbitrary, unreasonable and is not correct
must
precede the contract making process. The parties thereto
must be ad idem so far as the terms and conditions are
concerned ... terms of the
original contract, there has to be ad idem between the parties as
regards new terms. It has been observed in Bharat Sanchar
have to be certain and the parties
have to have consensus ad idem for the contract to be
specifically enforceable; and on, (ii) High ... therefore to be certain and the parties must have
been consensus ad-idem; if the stipulation and terms are uncertain and the
CS(OS) 1854
terms in the contract, and as parties were clearly not ad idem on
these terms, no concluded contract could be said to have come into ... contemporaneous material must unequivocally and clearly
show that the parties were ad idem as to terms in order to say that an
agreement had come
such grounds, the learned Judge held that the
parties were not ad idem on important conditions of agreement to sale.
Since no final agreement ... burden lies on the plaintiffs
to prove that there was consensus ad-idem between the parties for a
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C/FA/6443
counsel for the parties have
obtained requisite instructions and they are ad idem
that instant appeal be disposed of on the following
agreed terms, which ... till he attains the
age of 21 years, on account of ad idem, which in fact
is arbitrary, unreasonable and is not correct
certain and the parties must have been consensus ad idem.
The burden of showing the stipulations and terms of the
contract and that the minds ... were ad idem is, of course, on
the plaintiff. If the stipulations and terms are uncertain,
and the parties are not ad idem, there
that a contract is final only if there is a
consensus ad idem i.e both the parties to the contract agree to the same ... fall in the SC/ST category. There was therefore
no consensus ad idem for the contract to be entered into. No doubt, counsel
