Court : Karnataka
Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774
..... questions one should have clear distinction between the legal terms such as valid, invalid, void and voidable.20. section 2 of the indian contract act, 1872, states that in what sense the aforesaid expressions are used in the act. section 2(h) states that an agreement enforceable by law is a contract. section 2(i) states that an agreement which is enforceable by law at the option of one or more of the ..... a voidable contract. section 2(g) states that an agreement not enforceable by law is said to be void. section 2(j) states that contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. chapter ii of the act deals with contracts, voidable contracts and void agreements. section 19 of the act provides that, when consent to an agreement is caused by coercion, fraud, misrepresentation or undue influence, the agreement is a contract voidable at ..... the option of the party whose consent was so caused. however, if both the parties are under a mistake as to a matter of fact the said agreement is void.21. section .....Tag this Judgment!
Court : Chennai
Reported in : (1995)2MLJ622
..... and void agreements ..... with respect to voidable contracts ..... , which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule. all agreements are contracts, if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and which are not expressly declared to be void (see section 10 of the contract act).chapter 2 of the contract act contains specific provisions .....Tag this Judgment!
Court : Kolkata
Reported in : (1903)30IndianAppeals114
..... the chapters and sections of that act which relate to contracts are to be taken as part of the indian contract act, 1872. the present case, therefore, falls within the provisions of the latter act. then, to turn to the contract act, s. 2 provides: (e) every promise and every set of promises, forming the consideration for each other, is an agreement. (g) an agreement not enforceable by law is said to be void ..... be void. so here. their lordships observe that the construction which they have put upon the contract act seems to be in accordance with the old hindu law as declared in the laws of menu, ch. viii. 163; and colebrooke's dig. liii. 2, vol. ii. p. 181; although there are no doubt, decisions of some weight that before the indian contract act an infant's contract was voidable only ..... they were bound by authority to treat the contracts of infants as voidable only, and not void; but that this section only refers to contracts made by persons competent to contract, and therefore not to infants. the general current of decision in india certainly is that ever since the passing of the indian contract act (ix, of 1872) the contracts of infants are voidable only. this conclusion, however, has not been .....Tag this Judgment!
Court : Supreme Court of India
..... that party or to make compensation for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the indian contract act, 1872 (9 of 1872), the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as ..... : 13. ... the provisions of section 39 make it clear that three conditions are requisite for the exercise of the jurisdiction to cancel an instrument : (1) the instrument is void or voidable against the plaintiff; (2) plaintiff may reasonably apprehend serious injury by the instrument being left outstanding; (3) in the circumstances of the case the court considers it proper to grant this relief ..... through them respectively. the use of the word only in section 43, as rightly contended on behalf of the appellant, was meant to emphasize that a declaration in chapter vi of the specific relief act, is not a judgment in rem. but even though such a declaration operates only in personam, the section proceeds further to provide that it binds not only ..... adverse to the title of someone who is not inexistence, and for whom, if in existence, he would be a trustee.35. effect of declaration. a declaration made under this chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence .....Tag this Judgment!
Court : Allahabad
Reported in : 2009(85)AWC1925
..... for the purposes of deciding the question unless the court for the reasons to be recorded thinks fit to grant such adjournment. the explanation provided that the agreement or compromise which is void and voidable under the indian contract act, 1872 shall not be deemed to be lawful within the meaning of the rule.8. in som dev and ors. v. rati ram and anr. : air2006sc3297 , the ..... be passed, rule 3 of order xxiii of the code insists that the terms to the compromise should be reduced to writing and signed by the parties. therefore, after 1.2.1977, a compromise decree can be passed only on compliance with the requirements of rule 3 of order xxiii of the code and unless a decree is passed in terms ..... lok adalat held on 12.12.1987, after the enforcement of the legal services authorities act, 1987. although the act received the assent of the president on 11.10.1987, the provisions of the act were enforced except chapter iii from 9.11.1995 under section 1 (3) of the act. the compromise could not be treated as a decree under section 21(1) of ..... the act. it had to be accepted by the court.11. i find that after the amendment of order xxiii .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1958MP417
..... reproduced below :'preamble. whereas it is expedient to provide for the setting aside of champertous agreements and to amend the indian contract act, 1872, for that purpose; it is hereby enacted as follows : 1. this act may be cited as the central provinces and berar indian contract (amendment) act, 1938. 2. after section 19a of the indian contract act, 1872, the following sections shall be deemed to be inserted, namely : '19-b. ..... dated, nagpur, 3-12-1937 (part ii). it is stated in the 'statement of objects and reasons :'in india the specific rules of english law in respect of champertous agreements have not been adopted and the only provision for holding some of them illegal is section 25 of the indian contract act, 1872 (ix of 1872). the civil justice committeewere of the opinion ..... definition of champertous agreements in the english law void under section 23 of the contract act (act ix of 1872). we propose no alteration under section 6 of the transfer of property act (act iv of 1882), but we do propose that all agreements of a champertous nature should be made voidable under the provisions of act ix of 1872. we suggest that whenever an agreement is made by ..... of india under the chairmanship of mr. justice george claus rankin (as he then was) in its report (1924-25) referred to these remarks of the judges in chapter 43 (pages 502-517) while dealing with the evils of champerty and added that the 'evils have not diminished since sir john edge made this pronouncement'. the facts of .....Tag this Judgment!
Court : Mumbai Aurangabad
..... cover the disputed issues between them and bring under the compromise. 13. learned counsel for the petitioner emphasised on the explanation which states that an agreement or compromise, which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule, then this cannot be considered as a valid compromise. considering the terms ..... a defendant and, therefore, he cannot take out execution proceedings in the suit filed by the plaintiff. in short whether defendant can be a decree holder in suit? 11. section 2 (3) of code of civil procedure defines decree holder : "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has ..... their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. section 15 and 16 of maharashtra rent control act protect the tenant and give grounds for the eviction of the tenant. section 15 and section 16 though are covered under two different chapters, yet they form one scheme ..... of the act. this being a beneficial legislation, these sections protect the interest of the tenant. section 15 alone forms chapter iii which is about the relief against forfeiture. then, section 16 is covered under separate .....Tag this Judgment!
Court : Supreme Court of India
..... ' of property is an executed contract. section 4 of transfer of property act, 1882 provides that the chapters and sections of that act relating to contracts, shall be taken as part of the indian contract act, 1872. section 20 of contract act provides that where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. but the explanation thereto provides ..... as to any law in force in india. therefore, having regard to the provisions of transfer of property act and contract act, a transfer can not be cancelled ..... , for short) in this connection. it divides the industrial sectors in noida into three industrial phases as under : (1) phase i sectors from 1 to 11 and 16 (2) phase ii includes phase-ii, phase-ii extension/hosiery complex, sector-80, 81 and 83 (3) phase iii includes sector-57, 58, 59, 60, 63, 64 and 65. it provided that allotments of industrial plots ..... that an erroneous opinion as to the value of the thing which forms the subject matter of the agreement is not to be deemed a mistake as to a matter of fact. section 21 of contract act provides that a contract is not voidable because it was caused by a mistake .....Tag this Judgment!
Court : Kerala
Reported in : 2005(2)KLT919
..... subject matter of the agreement or compromise need not necessarily be the same as the subject-matter of the suit. this also is made clear ..... court passes a decree, the adjudicatory powers of the decree have to be exercised and hence such a decree falls within the ambit of section 2(2) of the code.19. chapter ii of the indian contract act, contains provisions relating to voidable contracts and void agreements. so long as there is no contention that the compromise is vitiated by any one of the grounds enumerated in that ..... chapter of the contract act, the court has to enforce a compromise decree. therefore there is no bar attached to the compromise decree and the order of the execution ..... for the purpose of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.explanation.-- an agreement or compromise which is void or voidable under the indian contract act, 1872 (act 9 of 1872), shall not be deemed to be lawful within the meaning of this rule'.it is clear from a reading of the above rule that the .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(4)ALLMR36
..... such relief. it was also urged by him that the provisions of the contract act found in chapter ii deal with the contracts or agreements being void or voidable inter se the parties and free consent as defined in section 14 of the indian contract act read with section 16 of the said act has to be determined inter se the parties and the undue influence which has ..... to be proved is in relation to parties to the contract alone. according to shri ..... dealt with the contentions advanced with reference to section 16 of the contract act and also the contentions relating to agreement being inconsistent and that the price agreed was extremely low. chapter ii of the contract act deals with void and voidable contractual agreements vis-a-vis parties. in orderto attract section 16 of the contract act, undue influence by one of the parties is necessary and it ..... is necessary to prove that the contracting party was in apposition to dominate the will of the other and .....Tag this Judgment!