Appellant Court is justified in
coming to a conclusion that the contract is uncertain
and therefore, the first clause of Article 54 of the
Indian ... part
of contract when the notice sent to him is returned
unserved. Having regard to the fact that the contract is
uncertain and therefore
bungling in formulating the Standard Form Contract. As can be
seen from the language pertaining to Standard Form Contract in
respect of a private ... Form for a Two
Wheeler Package Policy. This would make the contract
uncertain and vague and could not have been referred to and
relied upon
Court in Mallikharjuna 's case, supra. Under the terms of the contract in that case , the vendor promised to execute the sale deed when ... event', on which depends the performing of the contract is 'uncertain' then it cannot be said to be a 'date fixed
under:
"18. The specific performance of a contract is
the actual execution of the contract according to its
stipulations and terms, and the courts ... Court held that where the stipulations
and terms of the alleged contract are uncertain or where the
very existence of consensus is doubtful, there
Arbitration Clause quoted above
namely, Clause 19 of the Contract is vague and
uncertain and therefore, becomes unenforceable
between the parties;
Date of Order ... following judgments
in support of his submission that an uncertain or
vague contract or Arbitration Clause cannot entitle the
petitioner - Company to seek the appointment
essence of the contract. If at
all if such an uncertain event has become certain, then
also it does not change the character ... event', on which depends
the performing of the contract is 'uncertain'
then it cannot be said to be a 'date fixed
When they were sued for damages for breach of the contract, it was contended that there was no enforceable contact between the parties since there ... that document represents. It was further pointed out that when a contract is uncertain, the performance of which could never be enforced, then it must
parties and also ascertain the terms of the contract and submitted that the contract is enforceable and the plaintiff is entitled for decree of specific ... lies on the plaintiff seeking specific performance of the contract In order to make contract enforceable, it requires defined share, consideration of sale price. Learned
Salarpuria Properties Private Limited vs M.S. Ramaiah Developers And Builders ... on 18 July, 2005
bank shall also obtain the consent. No doubt in the contract between the plaintiff and the defendant in this case, there is no such stipulation ... contract between the parties is void in view of section 29 of the Contract Act, on the ground that it is vague or uncertain
