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is the following supreme court judgment valid ?


Supreme Court of India

Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008

Author: P Sathasivam

Bench: R.V. Raveendran, P. Sathasivam

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

CIVIL APPEAL NO(s). 6197 OF 2000

ALKA BOSE Appellant (s)

VERSUS

PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment today. For Appellant(s) Mr. Ranjan Mukherjee,Adv.


7)If so, a written agreement signed by one of the parties, if it evidences such an oral agreement will also be valid. In any agreement of sale, the terms are always negotiated and thereafter reduced in the form of an agreement of sale and signed by both parties or the vendor alone (unless it is by a series of offers and counter-offers by letters or other modes of recognized communication). In India, an agreement of sale signed by the vendor alone and delivered to the purchaser, and accepted by the purchaser, has always been considered to be a valid contract.
 

It is clearly stated in Indian Contract Act that parties to a contract must consent  " in the same sense ". " In the same sense " means " in the same meaning " and " in the same way  ". When one party consented by way of writing ( by putting signature ) and the other party consented by way of oral consent, how can it be said that the consent by the parties was " in the same way ", and thus " in the same sense " ?

 
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As per Indian Contract Act, " Consent " means " agreement to do something " " in the same sense ".

Phrase " Agreement to do something " has two parts :

(1) Agreement

(2) Something to be done

Phrase " In the same sense " has two meanings :

(1) in the same meaning

(2) in the same way

When one Party to contract agrees by writing ( by putting signature ) and the other Party to

contract agrees orally, then the method of Agreement is in different ways.

Then, how could Consent to Contract be legally valid, when way of Agreement is different ?

 
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