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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sunita Agarwal, Pranav Trivedi
Patel Rameshchandra Hiralal Through Partner Jasmit Natubhai Patel – Appellant
Versus
Urvashiben Pravinchandra – Respondent
| Table of Content |
|---|
| 1. the terms and obligations of the oral contract regarding goods. (Para 3 , 4 , 5 , 6) |
| 2. judgment of commercial court on breach of contract. (Para 7) |
| 3. defendant's arguments about plaintiff's negligence and dues. (Para 8 , 9 , 10 , 11 , 12) |
| 4. plaintiff's allegations of wrongful sale by the defendant. (Para 14) |
| 5. defendant's failure to provide substantial evidence. (Para 16 , 17 , 18 , 19) |
| 6. court's findings affirm plaintiff's claims against defendant. (Para 24 , 25) |
| 7. dismissal of the defendant's appeal. (Para 27) |
JUDGMENT :
PRANAV TRIVEDI, J.
1. Present Appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’ for short) by the original defendant being aggrieved and dissatisfied by the judgment and order passed by the Judge, Commercial Court, Ahmedabad (hereinafter referred to as ‘the learned Commercial Court’ for short) in Commercial Civil Suit No. 359 of 2021.
2. The appellant is the original defendant in the Civil Suit whereas respondent is the original plaintiff. For sake of brevity, the parties are referred to as per the cause-title of the Civil Suit.
3. The controversy which has resulted in filing of the present
The unauthorized sale of goods by one party constitutes a breach of contract, entitling the other party to recover payments made along with interest.
Point of law: While scrutinizing the plaint averments, it is the bounden duty of the trial Court to ascertain the materials for cause of action. The cause of action is a bundle of facts which taken w....
The court affirmed that an oral agreement can be specifically enforced if supported by credible evidence and clear terms, despite procedural challenges.
Point of law : While scrutinizing the plaint averments, it is the bounden duty of the trial Court to ascertain the materials for cause of action. The cause of action is a bundle of facts which taken ....
An oral agreement is valid for specific performance if made with free consent and lawful consideration, separate causes of action do not bar subsequent suits.
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
Oral agreement - in order to determine the binding nature of a contract between the parties, the mere acceptance of the sale price is not sufficient.
The burden of proof lies on the party asserting a claim, and failure to provide credible evidence results in upholding the original judgment.
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