धारा 138

Section 138 of the Indian Contract Act, 1872, states that 'the consideration need not be specified by the parties, but it must be implied from the circumstances of the case.' The consideration may be implied from the circumstances of the case. The court in the case of State of West Bengal v. M/s. Kesoram Industries Ltd., (2004) 10 SCC 201, held that the consideration may be implied from the conduct of the parties.