Abdul Aziz v. Masum Ali Abdul Aziz v. Masum Ali (the mosque subscription case)
AIR 1914 All 22 · Allahabad High Court · 1914
PrincipleA promise of a charitable subscription is unenforceable unless something has been done on its faith at the promisor's desire.
Facts
The defendant promised to subscribe Rs 500 towards the repair and reconstruction of a mosque, and was made treasurer of the fund. Another subscriber had given a cheque that was never cashed. No work had been started and no liability incurred on the faith of the promise. The committee sued to recover the promised subscription.
Held
The Allahabad High Court held that the promise was not enforceable. It was a bare promise to make a gift; no steps had been taken on the faith of the subscription, so the promisee had furnished no consideration. The treasurer's failure to realise another subscriber's cheque did not make him liable either.
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