readiness, non-joinder, defective title. Specific
performance discretionary; not granted for uncertain contracts
or unclean hands suppression of facts. No refund as no
advance proved
dispute. Moreover,
the subsequent communication refers to the contract.
49. Section 8 of the Contract Act provides for the acceptance of the
proposal by conduct ... some premise as was laid down in the contract. A contract cannot be
uncertain. It must not be vague. As per the provisions of Section
dispute. Moreover,
the subsequent communication refers to the contract.
49. Section 8 of the Contract Act provides for the acceptance of the
proposal by conduct ... some premise as was laid down in the contract. A contract cannot be
uncertain. It must not be vague. As per the provisions of Section
suit was barred under Section
29 of the Indian Contract Act, being founded upon an uncertain
agreement, and was also hit by Sections ... view that
the agreement was speculative or uncertain. It held that the contract, read
as a whole, indicated a concluded and enforceable bargain. The total
suit was barred under Section
29 of the Indian Contract Act, being founded upon an uncertain
agreement, and was also hit by Sections ... view that
the agreement was speculative or uncertain. It held that the contract, read
as a whole, indicated a concluded and enforceable bargain. The total
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
important
that law ought to uphold rather than destroy apparent contracts. Solemn contracts
entered into between parties are not to be readily declared invalid ... Contract Act is a question of law and if the terms
of the contract are vague and uncertain, the contract itself would be void
contingent
contract. Referring to Section 31 of the Indian Contract Act, 1872 the Learned
Counsel argued that contingent contract is a contract ... with contingent
contract. The section provides as follow:
"31. "Contingent contract" defined.-- A "contingent contract"
is a contract
Clause 4.3.13.3 (a) of the
contract is reproduced below from the award:-
"4.3.13.3 (a) Rates of item of contract involving
increase in quantity during ... Section 17 of the Contract Act because excavation of
soft soil is more than 350% of the contract which was uncertain in
the contract; therefore
that, even in the absence of Contract No. 061-16-
12115-S, the arbitration agreement in the contract of 2012 would be
available ... admitted facts that demonstrated, in no uncertain terms, that the parties
duly accepted and acted upon Contract No. 061-16-12115-S dated
11.03.2016. There