| Citation(s) |
|---|
| 2017 SLG 86 2017 SLD 86 2017 SCMR 98 |
Supreme Court of Pakistan
Civil Appeal No. 56 of 2011, C.M.A. No. 6863 of 2014 inCivil Appeal No. 56 of 2011, Civil Appeal No. 462-L of 2009and Civil Appeal No. 11-L of 2013 Dated 11th November, 2016.Dates of hearing: 15th and 16th June, 2016.
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE AND FAISAL ARAB, JUSTICE
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (absent) for Appellants (in C.A. 56 of 2011).Moulvi Anwar-ul-Haq, Advocate Supreme Court for Appellants (in C.A. 462-L of 2009).Mian Allah Nawaz, S
Civil Appeal No. 56 of 2011, C.M.A. No. 6863 of 2014 inCivil Appeal No. 56 of 2011, Civil Appeal No. 462-L of 2009and Civil Appeal No. 11-L of 2013 Dated 11th November, 2016.Dates of hearing: 15th and 16th June, 2016.
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE, AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE AND FAISAL ARAB, JUSTICE
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (absent) for Appellants (in C.A. 56 of 2011).Moulvi Anwar-ul-Haq, Advocate Supreme Court for Appellants (in C.A. 462-L of 2009).Mian Allah Nawaz, S
MUHAMMAD SATTAR AND OTHERS --AppellantSVS.TARIQ JAVAID AND OTHERS --RespondentS
Law:
Section:
(a) Contract Act (IX of 1872)--- ----Sections 8 & 9---Agreement not signed by one of the parties---Validity and enforceability of such an agreement---Valid contract could be oral or it may be through exchange of communication between the parties---Once an offer was communicated, the acceptance thereof could be express or implied---Such acceptance of the offer would include accepting the consideration accompanying the offer or acting upon the said bargain---Formal signature of both or either of the parties was not a necessary requirement---All that was required was an offer and acceptance and consideration between the parties---Contracts in general were not required to be reduced into writing (except where otherwise specifically provided by law) and the offer and acceptance could also be implied from the conduct of the parties in terms of sections 8 and 9 of the Contract Act, 1872---Absence of formal signatures did not affect the validity or enforceability of the contract. Messrs Jamal Jute Baling and Co., Dacca v. Messrs M. Sarkies and Sorts (Sons), Dacca PLD 1971 SC 784; Karachi Gas Dawood Cotton Mills Ltd. PLD 1975 SC 193; Messrs M.A. Khan and Co. through Sole Proprietor Muhammad Ali Khan v. Messrs Pakistan Railways Employees Cooperative Housing Society Ltd. through Principal Officer/Secretary, Karachi 2006 SCMR 721 and Aloka Bose v. Parmatma Devi and others AIR 2009 SC 1527 ref. (b) Specific Relief Act (I of 1877)--- ----S. 22---Discretion as to decreeing specific performance---Scope---Section 22 of the Specific Relief Act, 1877, which dealt with discretion as to granting relief of specific performance, had no bearing on the validity of the contract; it only recognized the discretion vested with the Court to decline the specific performance of an agreement even in the absence of any impediment in such behalf---Section 22 of the Specific Relief Act, 1877 could not be invoked to determine the validity of an agreement. Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344, Syed Arif Shah v. Abdul Hakeem Qureshi PLD 1991 SC 905; Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189; Rab Nawaz and 13 others v. Mustaqeem…