VISHAL NIKHARE Vs. STATE OF M P

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Reverting to question No. 20, according to the petitioners, the correct answer is "it is enforceable by law" as provided in Section 2(h) of the Indian Contract Act. The said question reads as under:--

(3.) Four options have been provided against that question, viz., (i) it is enforceable by law, (ii) it is between parties competent to contract, (iii) it is by the free consent of parties, and (iv) all of the above. We have no hesitation in taking the view that "all of the above", which is the model answer, is the correct answer. The fact that Section 2(h) of the Indian Contract Act refers to the contract being enforceable by law does not necessarily mean that the other two factors referred to against question No. 20 are not applicable. Even those facts are valid requirements to constitute a legally enforceable contract. Hence, even this submission of the petitioners does not commend to us.