Lalman Shukla Vs Gauridatt
Lalman Shukla Vs Gauridatt
Lalman Shukla Vs Gauridatt
Gauri Dutt,1913
Facts: The defendant sent out his servant to different places in order to find his nephew who had
been absconded from his house. Plaintiff was the servant who had been sent out to search for his
master’s nephew. He was finally able to track down the lost child and for this accomplishment, he
was given . While the searching was taking place, and the plaintiff was in search of the child, the
defendant issued a reward of Rs 501 to the person who would successfully trace down the child and
the plaintiff had no idea of this reward.
After 6 months of the incident taking place, the plaintiff brought a suit against his master claiming
the prize money of stating that it was promised by his master that whoever would find his child
would be entitled to this reward. He alleged his master of not providing the reward for the specific
performance of his promise.
Issues: Initially the case was rejected by the lower court. The plaintiff then went on to file the
case in the High court. The issues that were raised in the high court are listed below:
Rules related to the case: 1. Section 2(a) of the Indian Contract Act, 1872 defines
proposal as follows-
“When one person signifies to another his willingness to do or to abstain from doing anything, with a
view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.”
2.Section 2(b) of the Indian Contract Act, 1872 defines a promise as follows-
When the person to whom the offer is made signifies his assent thereto, the proposal is said to be
accepted. A proposal when accepted becomes a promise.
“The proposal must be communicated to the person who is expected to accept the offer.
Judgement: It was held by the High Court that the basic necessity is the knowledge and
assent of a proposal in order to convert a proposal into an enforceable agreement and in the present
case none of the criteria are being fulfilled as the plaintiff was not aware and there was no assent
about the particular act. It was also laid down by the judge that at the time the plaintiff was just
fulfilling his duties as a servant while he was tracing the boy. Therefore, the appeal was dismissed
and it was decided by the court that the plaintiff was not entitled to claim the reward for finding the
missing child.
Case : Lalman Shukla vs. Gauri Dutt,1913