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...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...
...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...
...brother pointed out in the course of the argument, is a nudum pactum in the circumstances. If a nudum pactum, the assessee has lost nothing, neither income nor capital. But we are bound in deciding this...
...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...
...cases in which the English law would regard the party as the recipient of a purely voluntary promise and would refuse to him a right of action on the ground of nudum pactum. Not only, however, is there...
...of the argument, is a nudum pactum in the circumstances. If a nudum pactum, the assessee has lost nothing neither income nor capital. But we are bound in deciding this question to take into...
...preference to an instrument which records a transaction that in its inception, being fraudulent, was a nudum pactum. In this respect of the matter such document would not be a " document "in the sense of...
...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 the 'consideration' for the reciprocal promises and it does not seem to us correct to speak of such an agreement as nudum pactum. Nor...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...
...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...
...Dickinson v. Dodds(4) there is nothing to accept. In the last case, if the undertaking not to withdraw the offer was not a mere nudum pactum but a binding undertaking, the promisee might...
...the course of the argument, is a nudum pactum in the circumstances. If a mudum pactum, the assessee has lost nothing-neither income nor capital. But we are bound in deciding this question to take into...
...discharge without fresh consideration is nudum pactum”. In support of this position Heather & Son v. Webb is cited. But reliance is placed by the learned Advocate for the petitioner on...
...it shall form a term in the contract. It is misnomer to say it is a nudum pactum as counsel for the opponents has characterised it. A nudum pactum is a promise not supported by consideration. The...
...only substituting one cause of action in the room of another which might go on to any extent.’ So an agreement to abandon a claim is said to be a mere nudum pactum. It will be remembered that in....On appeal, however, a point of law which does not seem to have been argued at the trial has been taken. It is said that the plaintiffs must succeed as the agreement to cancel is a mere nudum...pactum being without consideration and therefore illegal. It is said that Sect. 62 of the Indian Contract Act which at first sight governs this case does not in fact do so...
...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...
...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...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 '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...
..., there is nothing to accept. In the last case, if the undertaking not to withdraw the offer was not a mere nudum pactum but a binding undertaking, it may be that the promisee might maintain an action for...
...release without consideration is a nudum pactum unless made by an instrument under seal--see Davis v. Cundasawmi Mudali (1896) l.L.R. 19 M. 398. Manohar v...
...on the insurer when it was specifically pleaded and proved that the cheque comprising the premium for the Insurance Policy in question stood dishonoured and therefore it was a case of nudum pactum. Per...contra, the learned counsel for the claimant repelling the contentin of the insurer submits that the case is not one of nudum pactum at all, inasmuch as the insurer has not produced any material to...
...defendant and concept of "nudum pactum' will apply in this case prohibiting the applicant from raising any claim against defendant. It is contended that the Hon'ble Bombay High Court in L.P.A. No...submitted that the concept of nudum pactum will apply in this case and there is no consensus ad-idem between the parties. As already stated, the defendant having availed the loan...