Ms Kritika Soni vs M/S Livguard Energy Technologies Pvt ... on 5 June, 2024
IN
agreement is a contract voidable at the option of the
party whose consent was so caused.
A party to a contract whose consent was caused ... a contract of the party on
whom such fraud was practiced, or to whom such
misrepresentation was made, does not render a
contract voidable
February 1986, subject to the provisions of
this Contract."
MII served a notice on 10th April, 1998 invoking the arbitration
agreement. The same would ... Contract Act providing that where the parties did not intend time
to be of the essence of the contract, the contract was not voidable
perform at a fixed time, in contract in
which time is essential.-- When a party to a contract promises to do a
certain thing ... contract as a whole or with reference to a particular term or
condition of the contract which is breached. In a contract relating to sale
below: "55. When a party to a contract
promises to do a certain thing at or before a specified
time, or certain things ... essence of the contract and default however, in such a case
does not make the contract voidable either. It becomes
voidable provided the matter
provisions of s. 21 of the
Indian Contract Act which provides that a contract is not
voidable because it was caused by a mistake ... a
mistake of law has led to the formation of a contract, s. 21
enacts that that contract is not for that reason voidable
forms part of a contract shall be treated
as an agreement independent of the other terms of the contract; and
(b) a decision ... purpose of dispute resolution by arbitration.”
With respect to a contract or instrument which is voidable at the
option of a party
Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr on 14 February, 2014
Equivalent
Section 64 of the Indian Contract Act that when a person at whose option a contract is voidable rescinds it, he must restore ... contract, the very case the deposit was intended to meet. Section 64 provides that, where a person at whose option a contract is voidable rescinds
differentiate
between term “void” and “voidable”. Section 2(j) clearly
provides as to when a voidable contract would reach the stage of
being void. Undoubtedly ... contract
document itself. Some examples of where a contract may fall in
this category would be :-
(a) Where a contract is entered into by a