Court : Chennai
Reported in : (1936)71MLJ850
..... for instance to suggest that in such a case a suit for specific performance will not lie. again, we are unable to see how the fact of its being a nudum pactum stands in the way of its being proved. the learned judge then observes 'the agreement in itself is not satisfaction and it can only be considered as an agreement modifying ..... the 'consideration' for the reciprocal promises and it does not seem to us correct to speak of such an agreement as nudum pactum. nor can it make any difference for this purpose that the price is not to be paid in the future but consists of money already due by the vendor to ..... the reasoning in that judgment. the learned judge is reported to have observed that 'an agreement to transfer land in satisfaction of the claims due on these two documents is nudum pactum and consequently it cannot be proved'. it is well settled that in the case of a contract to sell, the obligation to sell and the obligation to buy-are respectively .....Tag this Judgment!
Court : Mumbai
Reported in : (1878)ILR2Bom362
michael westropp, c.j.1. we are of opinion that the agreement was executed without consideration, and thus being a 'nudum pactum,' the suit founded upon it is unsustainable. the plaintiff, having accepted a vakalatnama from the defendants upwards of two months previously to the execution of the agreement, was already bound .....Tag this Judgment!
Court : Allahabad
Reported in : 7Ind.Cas.318
..... is difficult to understand how this document came to be held by a judge of experience as a bar to the suit instituted by the plaintiff. it is a mere nudum pactum of no legal force or efficiency. this mr. wallach did not dispute.3. on the other ground on which the suit of the plaintiff's was dismissed there is more .....Tag this Judgment!
Court : Mumbai
..... say is that sdc had ??no intention of honouring its obligations ? under the development agreement. but this surely is some sort of forensic self-goal: if da-1 was a nudum pactum, void for want of consideration, then there would be no question of sdc ??failing to honour its contractual obligations, for it would have had none. these are not submissions taken ..... monetary obligations, ones that sdc fulfilled, making all payments required. kulkarni, on the other hand, has paid nothing at all. it is impossible to hold that da-1 is a nudum pactum. 37. the only conclusion to be drawn is that the plaintiffs are unable to make out a prima facie case on the da-2 being interpolated or da-1 being ..... which certain pages were changed at kulkarnis instance. it is wholly wrong to say, he submits, and in my view with considerable justification, that the original development agreement was a nudum pactum for want of consideration. the consideration is expressly stated in clause 5: rights accrue to sdc because it has agreed to discharge all the financial and other obligations of the ..... any event, kulkarni has terminated it, and sdc and the other defendants claiming to be members can get no rights under it. it was therefore an agreement without consideration, a nudum pactum incapable of enforcement. 32. realizing this, mr. ganesh says, sdc substituted da-1 with a wholly fraudulent agreement, one in which pages were substituted. this is da-2, purportedly of .....Tag this Judgment!
Court : House of Lords
..... . in this transaction nothing moved from the appellants to the respondents. it would have been the same if the other firm had not existed. the appellants have sued on a nudum pactum. my lords, the appellants' "distributing organization" has been before your lordships' house before, and i do not suppose you have heard the last of it now. i think it better ..... implication that the undertaking which they would obtain should be binding. the respondents signed what they were asked to sign, but nothing precluded them from saying afterwards that it was nudum pactum. at first they thought and said that they were bound, but this did not alter their position or the appellants', or supply a consideration where none existed before. they made ..... , and the appellants were to be treated as parties to the contract contained in this letter, it does not get over the difficulty. the contract is as to them a nudum pactum, since no consideration moves from them to the respondents, or to any other person or body at the respondents' request. i confess that the inclination of my opinion is that .....Tag this Judgment!
Court : Allahabad
Reported in : 16Ind.Cas.406
..... necessary that the document should be registered with the consent of the donor. they say: 'we are further of opinion that a deed of gift being a voluntary transfer remains nudum pactum until the donor has done all that is necessary to make it legally complete.' we do not quite understand what the learned judges meant by saying that the transfer remained ..... nudum, pactum until the donor had done all that was necessary to make it legally complete. the transaction remained nudum pactum even after registration, that is to say, there was; no consideration for it. it was a voluntary transfer. it must be .....Tag this Judgment!
Court : Allahabad
Reported in : (1913)ILR35All3
..... necessary that the document should be registered with the consent of the donor. they say: 'we are further of opinion that a deed of gift being a voluntary transfer remains nudum pactum until the donor has done all that is necessary to make it legally complete.' we do not quite understand what the learned judges meant by saying that 'the transfer remained ..... nudum pactum until the donor had done all that was necessary to make it legally complete.' the transaction remained nudum pactum even after registration, that is to say, there was no consideration for it. it was a voluntary transfer. it must be .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1954P& H159
..... in the absence of consideration, and not in the want of formal conditions, such as writing or registration. thus, our notion of a bare promise bears no analogy to the 'nudum pactum' of the digest. the law, it has been observed, 'supplies no means nor affords any remedy to compel the performance of an agreement made without sufficient consideration. such agreement is ..... passageof blackstone which is given at p. 510 of broom'slegal maxims:'a consideration of some sort or other is so necessary to the forming of a contract, that a 'nudum pactum', or agreement to do or pay something on one side, without any compensation on the other, will not at law support an action; and a man cannot be compelled to ..... 'nudum pactum ex quo non oritur actio'; and whatsoever may be the sense of this maxim in the civil law, it is in the last-mentioned sense only that it is to .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)144PLR222
..... though he is ignorant of the precise legal effect. in view of clause 4 having formed one of the stipulations alongwith others, it cannot be said to be nudum pactum and the maxim nudum mactum ex quo non oritur actio does not apply. considered by the test of reasonableness, it cannot be said to be unreasonable inasmuch as the supply of electricity to ..... 71 and 72 as under:71. it was submitted on behalf of the appellants that there was nothing unconscionable about rule 9(i), that rule 9(i) was not a nudum pactum for it was supported by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void .....Tag this Judgment!
Court : Patna
..... ignorant of the precise legal effect. in view of clause 4 having formed one of the stipulations in the contract along with others it cannot be said to be nudum pactum and the maxim nudum pactum ex quo non oritur actio does not apply. considered by the test of reasonableness it cannot be said to be unreasonable inasmuch as the supply of electricity to .....Tag this Judgment!