November 21, 2018, 10:15 am

contract

Earnest money to bind a contract must follow and not proceed the same

  Section- 2

50  DLR  (AD)  171  Bangladesh Muktijoddah Kalyan Trust represented by the managing Director Vs. Kamal Trading Agency and others-Earnest money to bind a contract must follow and not proceed the same.If there is no meeting of minds of the parties,consensus ad idem,there cannot be any question of earnest money.

   Section-2

56  DLR  (2004)  39  Saraj Kanta Sarkar and others Vs. Seraj-ud-Dawla –When the land sold and  the price quoted in the sale deed do not represent the land and as agreed in the agreement, the deed cannot be accepted in law as executed as part performance of the contract.

      Section- 3

21  BLD  (AD)  79 Sahana choudhury (Widow) and others Vs.Md. Ibrahim khan and another- The tender floated by the house Building Finance corporation for the sale of a mortgaged property has to be accepted for the purpose of concluding acontrsct.The alleged information by a nominated officer cannot be a proper communication of acceptence by corporation.The tenderer aquired no vested right on the property merely because his tender for that property had not been rejected and his earnest money had not been refunded by the corporation.As there was no definite communication of acceptence of tender by the corporation no vested right aquired by the plaintiff.

     Section- 7

18  BLD  (AD)  99  Bangladesh Muktijoddah Kalyan Trust reprented by the managing Director Vs.Kamal Trading and others- An ecceptance must be expressed is some usual and reasonable manner, unless the propsal presscribes a particuller manner in which it is to be accepted.Acceptence means,in general,communicated acceptence.In the instant case the manner of acceptance has been clearly indecated by the plaintiffs in Exhibit-8 signifying offer.

      Section- 10

59  DLR  (2007)  66  Anhar Ahmed choudhury and another Vs. Md Shamsuzzaman- There can be valid legal and binding oral agrement between the parties.exhibits 5/3 and 5/5 are evedence of oral agreement between the parties which were acted upon by the parties and section 10 of the contract Act.The agreement fullfills all the condition required by law.All the agreement are contracts,whether oral in writing,if they are made by the free concent of parties competent to contract for a lawfull object  and are not expressly decleared to be void.

      Section-10

44  DLR  48  Mohiuddin Ahmed Vs.Lutifur Rahman- Altaration in an agreement does not necessarily amount to forgery-if an altaration changes the character of a document and alters the rights,liablities and legal position of the parties in that case only it can be said that such an altaration is a meterial altaration which amunts to forgery and for such forgery the document may be treated as void

      Section -10

46  DLR  39 Trang Ice and Cold Storage Company Limited Vs.Amin Fish Farm- A stranger to a contract cannot sue the other party. Terms  of the contract can be enforced only by the contracting parties and not by third party.

       Section-10

52  DLR  625  United commercial Bank Ltd Vs. Rahimafrooz Batteries Ltd and others- Since it is a sale through tender notice, the contract for sale cannot be a concluded one unless and until all the tearms and conditions of the tender notice are fullfilled.

       Section- 16

4  BLC  (AD)  241  abdul Hossain Vs.Farooq Sobhan and Ors- When the defendant No  1 had adominent position on account of close association with the martial Law authority and the bargain obtained by defendant No 1 in the compromise petition was clearly unconscionable because the plaintiff had to give up the wrigtful claim in the contractual land,the defendant No 1 has to prove that the compromise was not attained by undue influence which he has miserably failed to discharge

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