would show that it is uncertain, no consensus ad idem has been arrived between both the parties. As per the defence raised by the defendant ... were ad idem is, of course, on the plaintiff. If the stipulations and terms are uncertain, and the parties are not ad idem, there
mutually agreed terms and conditions as
there was no consensus ad idem between the plaintiff and the
defendants. Ultimately the lease in respect ... admission of P.W.1 clearly shows that
there was no consensus ad-idem o between plaintiff company
and the defendant . Despite of letter
payable by Defendant. It is argued that the parties
were at consensus ad idem at the time of execution of first License
Deed ... time to
time.".
25. The adding of addendum itself shows that parties were not
consensus ad idem at the time of execution of first
animus is of utmost importance in a contract. There should be consensus ad idem.
17. In this connection, I would like to refer ... supported by consideration, which might even be a past consideration. The consensus ad idem is the bed-rock of a valid contract.
18. Here, according
burden heavily rests on the plaintiff to prove that there was consensus-ad-idem between the parties for the concluded agreement of sale ... terms of contract was also mutually agreed and there was a consensus ad-idem between the parties. The power of attorney given under
contract;
(e) It cannot be said that there was consensus ad idem
between the parties with regard to the method of
measurement of pond ... engineer was doing was as per the
contract;
(b) The consensus ad idem is apparent from the fact that for
2 ½ years the measurements were
contract;
(e) It cannot be said that there was consensus ad idem between the
parties with regard to the method of measurement of pond ... engineer was
doing was as per the contract;
(b) The consensus ad idem is apparent from the fact that for 2 ½ years
the measurements were
note that a contract is final only if there is a
consensus ad idem i.e both the parties to the contract agree ... fall in the SC/ST category. There was therefore
no consensus ad idem for the contract to be entered into. No doubt, counsel
cross-examination that he has not entered into agreement of
sale. Consensus-ad-idem is not made out by the plaintiff. The
advance amount paid ... there is valid concluded binding contract and if there
is no consensus-ad-idem, relief for specific performance cannot
be granted. It is the duty
submit that since there was no
consensus ad idem between plaintiff and defendants No.1 & 2, there never came a
contract into existence ... also.
7 As regards the objections of absence of consensus ad idem, the same
cannot be decided at this stage in view of observations made
