Case on Law of Quantum Meruit

2007 Words Nov 19th, 2012 9 Pages
Case Analysis

Puran Lal Sah versus State of UP

Submitted by –

Aseem Agarwal (12PGPIM04)

Nitin Gupta (12PGPIM21)

Rahul Jain (12PGPIM24)

Saumitra Das (12PGPIM28)

Nishant Shah (12PGPIM29)

Supreme Court of India

Puran Lal Sah vs State Of U.P on 21 January, 1971
Equivalent citations: 1971 AIR 712, 1971 SCR (3) 469
Bench: Reddy, P Jaganmohan

PETITIONER:

PURAN LAL SAH

Vs.

RESPONDENT:

STATE OF U.P.

DATE OF JUDGMENT 21/01/1971

BENCH:

REDDY, P. JAGANMOHAN

BENCH:

REDDY, P. JAGANMOHAN

DUA, I.D.

CITATION:

1971 AIR 712 1971 SCR (3) 469

1971 SCC (1) 424

ACT:

Contract-Claim on basis of Quantum Meruit - When sustainable

Brief Facts of the Case

The Public Works Department of the State of UP had issued
…show more content…
The appeal of the respondent was allowed and the suit dismissed. The case was taken for trial in the Supreme Court and the judgement is as given subsequently.

Issues

There were two main issues.

1) Whether the estimate of the PWD formed part of the contract so as to be binding on both parties and whether any assurance were given to the appellant that he would be given higher rates from bringing the stones from places situated at 79 chains and 110 Chains respectively.

2) Whether clause 5 of the special conditions of the contract was applicable to the extra item of work and whether he was entitled on the assurances given by the local officers to higher rate for the extra work done.

Judgement

1) a) In-none of the clauses of the tender notice or conditions of contract or in any other document was there any assurance that if stone was not available at the distance of 26 chains the appellant would ‘be paid higher rates. It was for the appellant to have satisfied himself before entering into the contract that the Cantonment authorities would permit him to take the stone. Since be commenced work after his request for higher rate was rejected, it could not be said that the appellant was in any way induced by any assurance. The Executive Engineer’s letter was only

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