All

Oral Contract

Muhammad Shafiq Ullah & others v. Allah Bakhsh (decd) thr. LRs & others-25/03/21

advtanmoy 28/03/2021

Long before the promulgation of the Contract Act, 1872, the Transfer of Property Act, 1882 and the Evidence Act, 1872 (replaced by the Qanun-e-Shahadat, 1984) the Holy Qur’an had prescribed that such contracts should be in writing (Al-Baqarah (2) verse 282), yet it is surprising that many Muslims even after fourteen centuries do not abide by this important instruction of their religion. An oral contract, by its very nature, is difficult to establish. Since the terms of an oral contract are not self-evident, the plaint seeking the enforcement of an oral contract must set forth the contract’s requisite ingredients, including when the sale consideration and/or its balance is to be paid, which the plaint did not disclose. Therefore, the suit could have been dismissed on this ground alone.

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

Jurisprudence

Recent Updates