What is the case of Rajlukhy vs Bhootnath?
Asked by: Dr. Gerhard Hartmann Sr. | Last update: February 8, 2026Score: 5/5 (34 votes)
Rajlukhy Dabee v. Bhootnath Mookerjee (1900) is a landmark Indian contract law case where a Calcutta High Court ruling established that a written agreement for spousal maintenance between a husband and wife, made during marital disputes, was void because it lacked genuine "natural love and affection" and therefore, consideration, despite being registered. The court found the agreement was made under duress/quarrels, not affection, meaning the wife couldn't enforce it for payments, highlighting that mere near relation isn't enough for valid exceptions to consideration.
What is the case law of Rajlukhy v Bhootnath?
Rajlukhy Debee v. Bhootnath Mookerjee, (1900) 4 Cal WN 488: The defendant promised to pay his wife a fixed sum of money every month for her separate residence and maintenance. The agreement was contained in a registered document which mentioned certain quarrels and disagreements between the two.
What is the landmark case of consideration?
in Currie v. Misa (1875) is a landmark case in English contract law that established the modern definition of consideration. The case involved a dispute over whether a promise to pay a debt that was already due and payable constituted valid consideration for a new contract.
What is Section 25 of the Indian Contract Act case law?
Section 25 of the Act stipulates a basic principle: agreements without consideration are void. This principle emphasizes the significance of consideration as an essential ingredient of any contract that can be enforced by law.
What is the doctrine of privity of contract case law?
The doctrine of privity of contract in India prevents a third party from having any legal right to enforce the contract or to have contractual liabilities imposed as a result of the contract, and that contractual remedies are for the contracting parties alone.
Rajlucky Dubey v. Bhootnath Mukherjee (1900) – Landmark Case on Consideration in Contract Law
What is the purpose of the privity rule?
It is a fundamental principle of contract law that, subject to some limited exceptions, only parties to a contract can sue under the contract. A consequence of this principle is that, if a breach of contract causes loss to third parties, those third parties usually cannot recover damages under the contract.
What are the 4 rules of contract law?
The four fundamental principles of contract law for a legally binding agreement are Offer, Acceptance, Consideration, and the Intention to Create Legal Relations, requiring a clear proposal, agreement to terms, an exchange of value, and a genuine purpose to be legally bound, respectively, for enforceability.
What is Puttaswamy's case?
Justice K.S. Puttaswamy (Retd.), a retired judge of the Madras High Court, challenged the constitutional validity of the Aadhaar scheme. He argued that the scheme violated the right to privacy.
What is a mistake under the Indian Contract Act?
The section states, “Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.” Unilateral Mistake (Section 22): This arises when only one party is mistaken. Generally, a unilateral mistake does not render a contract void.
What is Satyabrata v Mugneeram case?
Satyabrata Ghose v Mugneeram Bangur & Co is a landmark Indian contract law case regarding contract frustration. This case involves a firm that separated a huge piece of property into numerous smaller ones and sold each one separately. On August 5, 1941, the plaintiff paid 101 rupees to secure the tract of property.
What agreements are void under Section 23?
Section 23 says that the consideration or object of the agreement is unlawful if it “is fraudulent”. If the plaintiff cannot make out his case except through an immoral transaction to which he was a party, he must fail. An agreement to pay a certain sum of money to a prostitute for cohabitation is void.
What is the principle of the case Shadwell v Shadwell?
Shadwell v Shadwell [1860] EWHC CP J88 is an English contract law case, which held that it would be a valid consideration for the court to enforce a contract if a pre-existing duty was performed, so long as it was for a third party.
What are the five rules of consideration?
Legal rules regarding consideration
- Part payment is not good consideration.
- Consideration must move from the promisee but need not flow to the promisor.
- Consideration must be sufficient but need not be adequate.
- Consideration cannot be illusory.
- Consideration must not be past.
What if there is no consideration in a contract?
When there is a lack of consideration, the contract never was valid or enforceable. In contrast, failure of consideration occurs where a valid contract with a valid consideration becomes unenforceable due to the consideration no longer being valuable.
What are the 7 essentials of a contract?
The seven key elements for a legally binding contract are Offer, Acceptance, Consideration, Capacity, Legality, Intention (to create legal relations), and Certainty, forming a "meeting of the minds" where parties agree to lawful terms, exchange value, and are competent to do so, ensuring enforceability in court.
Can love and affection be consideration for a contract?
[Love and affection alone are not sufficient to support a contract.] [If consideration is sufficient in other respects, it does not matter from whom or to whom it moves. The consideration may move to the offeror or a third person, and may be given by the offeror or a third person.]
What are the three types of mistakes?
There are three broad categories of mistake which this chapter will explore:
- Non-Agreement mistake.
- Mutual agreement mistake.
- Unilateral mistake.
What is Section 37 of the Indian Contract Act?
The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.
What are four types of mistakes that can invalidate a contract?
Four types of mistakes that can invalidate a contract, making it void or voidable, include Mutual Mistake (both parties share the same fundamental error), Unilateral Mistake (one party is mistaken, and the other knows or should know), Common Mistake (a shared error about the existence or quality of the subject matter, often rendering the contract void), and mistakes involving Misrepresentation or Fraud, where one party is misled by false statements about essential facts, though technically not just a "mistake" but a vitiating factor often grouped with them.
What exactly does "right to privacy" mean?
Legally, the right of privacy is a basic law which includes: The right of persons to be free from unwarranted publicity. Unwarranted appropriation of one's personality. Publicizing one's private affairs without a legitimate public concern.
What was the final verdict in Puttaswamy case?
In the case of Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India and Ors. The Supreme Court held that the Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution.
What is the Supreme Court decision on Aadhaar card?
This made Aadhaar mandatory for a range of services and benefits, including availing of welfare benefits, obtaining a PAN card and opening a bank account. Around two years later, the Supreme Court finally delivered its verdict – it upheld the Aadhaar Act as constitutional by a 4:1 majority.
What are the 3 C's of a contract?
The "3 Cs of a contract" usually refer to Character, Capacity, and Capital, used by surety bond underwriters to assess contractor risk, but can also mean Certainty, Commitment, and Consideration in basic contract formation, or even Contracts, Communication, and Client Documentation for A&E firms. The most common interpretation, especially in construction, focuses on the surety's evaluation of a contractor's integrity (Character), ability to perform (Capacity), and financial strength (Capital).
How to legally tell someone to stop contacting you?
What to Do If Someone Is Harassing You
- Tell Them to Stop.
- Send a Cease and Desist Letter.
- File a Police Report or call 911.
- Get a Restraining Order.
- Keep Detailed Records.
What voids a binding contract?
An otherwise enforceable contract can become void if key facts change, new laws apply, or if it's discovered that the agreement rests on false assumptions.