contract act

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
A person booked a halwai for his sons marriage held on 10/08/2010. the remuneration was fixed for Rs 20000/-.He got 10000/- Rs in advance. He also got 40000/- Rs in different dates for purchase of material. Son of A died before two days from marriage ei.08/08/2010. Now in these circumstance can A recover his 50000/- Rs from Halwai.

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Devajyoti Barman (Expert) 05 October 2010
The contract becomes infractuous not because of the hlawai and the said rs 10,000/- in advance. Now, if rs 40,000- has been expended towards purchasing the the raw materials then the same can be claimed otherwise that rs 40,000/- is refundable.

Daksh (Expert) 05 October 2010
Dear Anonymous,
Your case is very difficult to prove as probably there is nothing on record and it seems that all the transactions are verbal only.

Best Regards
Daksh

pawan sharma (Expert) 05 October 2010
i.The material which was purchage by the hlawai for Rs 40,000. are not refundable bcz work has been done.
ii. Rs 10,000/- are refundable bcz contract become infractuous as per s 36 of the Contract Act.

aman kumar (Expert) 11 October 2010
under sec 36 of the Indian Contract Act. contract become infractuous case wholl brokk in p c , but purchase money may be adjusted accordingly ,

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