BELAB Case
BELAB Case
BELAB Case
Submitted to
Renu mam
Submitted by
Piyush Sharma
Prashant Dwivedi
Prajjwal Gupta
Pradyumn Mishra
Anisha
Pragati srivastava
Case characters
Gauri dutt and her nephew Lalman sukhla ( gauri dutt` servent )
Landmark judgment for the
validity of the contract under
the Indian Contract Act, 1872.
Facts Of The Case:
n this case, the defendant Gauri Dutt’s Nephew had absconded and
was nowhere to be found.
search of the missing nephew.
The plaintiff Lalman Shukla was one of the servants who had gone out
in search of the nephew.
When Lalman Shukla had left the house
defendant announced a reward of Rs. 501 for whosoever found Dutt’s
nephew.
the plaintiff claimed the money from the defendant and the latter denied
to pay the said remuneration.
As a result the plaintiff Lalman Shukla filed a case against Gauri Dutt,
his master, for not rewarding him as he was entitled to.
Issues Raised In This Case:
finding the missing boy was sufficient enough for him to be entitled
to the reward.
He stated that it is not important to have prior knowledge about the
reward, especially under this circumstance.
finding the missing boy was sufficient enough for him to be entitled to
the reward.
He stated that it was immaterial that the person who has performed
the act must have the knowledge of the condition to claim the reward.
Arguments On Behalf Of The Respondent
he defendant asserted and strongly argued that the plaintiff Lalman Shukla
was not aware of the offer and had no knowledge about it before finding the
defendant’s nephew.
Gauri Dutt argued that according to section 2(a) of the Indian Contract Act, 1872,
Therefore, the defendant contended that assent was essential to create a
contract between both parties. This means that before accepting the offer the
offeree must have complete knowledge about the facts to give assent or
approval.
But in this particular case, the plaintiff was completely unaware of the reward
which was associated with it and the plaintiff was merely doing his duty.
The Judgement
In the said case, the petitioners’ appeal against the respondent Gauri Dutt was
dismissed by the court.
After analyzing all the facts of the case, the honourable high court held that for
creating or entering into a valid contract there has to be knowledge and assent to
the offeree made by the proposer.
Here, the plaintiff did not know the reward before performing his act.
He only came to know about it later, in which case there was no possibility
of accepting the offer.
Hence, there was no contract. Therefore, Lalman Shukla was not entitled to
get or claim the reward.
The judge reiterated that the plaintiff was fulfilling his obligations as a servant
of tracing the missing boy which was a part of his duty. Therefore, the plaintiff’s
suit against the defendant was completely dismissed by the court.
In The End…
The case between the plaintiff Lalman Shukla and the defendant Gauri Dutt
examined the validity of the contract in the absence of prior acceptance.
According to the judgement given by the Allahabad high court, a contract
without acceptance is void.