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A

Presentation

On

Implied Contract

Submitted To:

Respected Submitted By:

Prof. Resham Chopra Durgesh Sodha

Rupal Singh

Ragini Sharma

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Implied Contract

Meaning:

By implied contract means implied by law, the law implies a

contract though parties never intended.

Examples: Ordering a burger at a restaurant.

Ambulance taking you to an emergency.

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Concepts of Implied Contract

Such contracts are not made by the desire of the parties but

are created by law of the land.

There is no agreement at all between the parties.

The contracts come into being after a party has received aprofit or money.

Such contracts are valid in case of a particular individual

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Cases of Implied Contract

Case 1:

IN THE SUPREME COURT OF INDIA

Appellants: Food Corporation of India and Ors.

Vs.Respondent: Vikas Majdoor Kamdar Sahkari Mandli Ltd.

Disposition: Appeal dismissed

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Case-2

Indian Drugs & Pharmaceuticals vs. Employee State insurance

Court involved: supreme court of India

Petitioner: Indian Drugs & Pharmaceuticals ltd.

Respondent: Employee State Insurance Corporation

Date of Judgment: 06/ 11/ 1996

Bench: K. Ramaswamy, G.B. Patnayak

Brief: ESIC was filed a suit against, Indian Drugs & Pharmaceuticals to payovertime wages to their employees, Andhra pradesh high court had givenorder to defendant, to pay overtime wages to their employees, defendantappealed in the supreme court, against the order. According to the SC,

though it was not mentioned, in the employment contract to pay the overtime wages to employees, but its an implied contract between employer& employee. So the is taken by Andhra High court, is according to the law,so the appeal was dismissed.

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Case:3

Kerala High courtPetitioner: Usha Kumari D/O Lakshmikutty

vs.

Respondent: Jaya kumar s/o John Adam, on sep, 09, 2010.

Justice: Thomas P. Joseph.

For Petitioner: Ramaswamy Pillai

Brief: According, to the plaintiff, defendant borrowed Rs. 85,000 to him on14/10/2006, the defendant was failed to return his money, & thenthen plaintiff filed a suit against defendant, at Neyyattinkara Village.The court of the Neyyattinkara village, ordered to the defendant to

return his money. To challenge this order as to the jurisdiction of thejudge, to entertain the suit. usha kumari has come up with a writpetition. Alleged that as the place of transaction was not mentioned inthe plaint, the suit must have been filed where the petitioner resides.

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Continue

According to Kerala High Court it is true that the place was not

indicated in the plaint but its an implied contract between the

borrower & the lender. Hence petitioner is bound to perform

where, plaintiff resides. Hence the suit filed in the court of

Neyyattinkara, within the territorial limits, so the writ petitionis dismissed.

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Case: 4

IN THE SUPREME COURT OF INDIA

Appellants: Haji Mohammed Ishaq Wd. S.K. Mohammed and

Ors.Vs.

Respondent: Mohamad Iqbal and Mohamed Ali and Co.

Honorable Judges:

N. L. Untwalia, P. S. Kailasam and R. S. Sarkaria.

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Case: 5

IN THE HIGH COURT OF PUNJAB AND HARYANA

Appellants: State of Punjab

vs.

Respondent: Hindustan Development Board Ltd.

Honorable Judges:

Tek Chand and Shamsher Bahadur

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Conclusion

After, going through the meaning, & concepts of implied

contract, under Indian Contract Act, 1872. We can say that

implied contract plays an important role in our day to day life.

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Thank You