The Prima Facie Provision - Anachronistic in 2025?
contract mh_cet_law intermediate reform_ideaSection 52(1) of the Indian Contract Act, 1872 says a contract is void if it's based on an agreement to perform an impossible act. But here's the catch - the court can waive this if the promisor has performed 'substantial part' of the contract. It's like saying, 'Sorry, you can't get married if you're already pregnant, but if you've already set up the wedding decorations, it's cool.' In 2025, we need contracts that reflect modern realities. This provision often leaves companies and individuals stuck in limbo. What if a startup invests millions in a project that's subsequently deemed impossible? The provision's arbitrary 'substantial performance' clause can be a recipe for disaster - and injustice.
3 Comments
Bhai, this is a valid point. Prima facie provision is outdated, but still being used. Section 114 of Indian Evidence Act is an example, where it mentions certain circumstances in which court can presume certain facts. But, in today's scenario, it's more of a formality. Courts hardly rely on it. With the advancements in technology and evidence collection, this provision has become almost redundant. It's high time to review and update our laws.
Main toh agree nahi kartaa hoon. Prima Facie provision to ab tak bahut hi useful hai. Yeh provision court ko ek baadshah banana nahi dega, balki case ko speed up karne mein madad karta hai. Agar yeh provision to nahi hota, to baar baar evidence collect karne aur witness ko sunne ki jarurat paida hoti. Isse justice ki delivery lambi hoti jis se poor log kuch nahi karte.
"Prima Facie, yeh aise to lagta hai ki anachronistic hai 2025 me, par kabhi bhi yeh nahi hota. Yeh provision to sirf case-by-case basis par decide karta hai. Lekin yeh sabse bada advantage yeh hai ki witness ko cross-examine karne ke liye sufficient material provide karta hai. Toh, isse anachronistic kyun manaate hain?