contracts; (2) voidable contracts; (3) contracts which are void from their very making (void ab initio); and (4) contracts which were enforceable at the beginning ... types of contracts, namely--(1) voidable contracts; (2) contracts which are void ab initio; and (3) contracts which became void after a period of time
respondent as ultra vires the Constitution of India, void ab initio, illegal and unconstitutional and consequently forbear the 2nd and 3rd respondents from continuing ... respondent as ultra vires the Constitution of India, void ab initio, illegal and unconstitutional and consequently forbear the 3rd respondent from continuing the proceedings initiated
transactions which become void on account of supervening circumstances. It has no application in respect of transactions which are void ab initio as in this ... ab initio void as had happened to Ex. B-l."
24. It is next contended that if Ex.A-1 is void ab initio
single Judge gave findings that the contract between the parties was void ab initio, that the appellant in W.A. No.1488 of 2007 (respondent ... Arbitration Act , the principle that once the contract is void, all clauses are void ab initio is a principle that still holds good
transactions which become void on account of supervening circumstances. It has no application in respect of transactions which are void ab initio as in this ... ab initio void as had happened to Ex.B-1.
23. It is next contended that if Ex.A-1 is void ab initio
auction has been conducted, and hence, the entire contract itself is void ab initio; and that once the contract itself is void ab initio ... arise for consideration would be whether the contract is void, voidable or void ab initio. It is not in controversy that the second respondent imported
auction has been conducted, and hence, the entire contract itself is void ab initio; and that once the contract itself is void ab initio ... arise for consideration would be whether the contract is void, voidable or void ab initio. It is not in controversy that the second respondent imported
jurisdiction to declare the mortgage in favour of the petitioner as void
ab initio. By relying on the judgment of the Hon'ble Supreme ... property
attached shall be void as against all claims enforceable under the
attachment, but not void or void ab initio.
(vii) Under Rule
matter and that therefore the sale held subsequently is ab initio void.
6. There is yet another contravention of the provisions ... sale on the ground of illegality. If the sale is ab initio void (and not merely voidable) there is no need for having the sale
entered into by the plaintiff and the
defendant are termed as void ab initio by the Reserve Bank of
India.
6. It is contended ... Reserve Bank of
India that the entire transaction is void ab initio. Hence, it is the
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