generally that a person competent to contract may make a transfer but that Act nowhere says that a person cannot be a transferee of property ... a contract of a minor has been held to be void and not voidable and as a sale presupposes a contract on the part
essence of the contract, the contract does nto become voidable by the failure to do such a thing at or before the specified time ... loss occasioned to him by such failure. If, in case of a contract voidable on account of the promisor's failure to perform
with English authorities,
that a false representation, made to a person who knows it
to be false, is not such a fraud as to take ... a contract of the party on whom such fraud was
practised, or to whom such misrepresentation was made,
does not reader a contract voidable.‖
REJOINDER
Contract Act Provides as follows :
"When a party to a contract promises to do a certain thing at or before a specified, time ... loss occasioned to him by such failure.
If, in case of a contract voidable on account of the promisor's failure to perform
Section 16 of the Contract Act. In order to satisfy the terms of Section 16 and thereby render a contract voidable because of undue influence ... provides that where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction
agreement
forbidden by law/against public policy;
iii) Lease Agreement is a voidable contract, on account of
misrepresentation/concealment of material information by the lessor ... cheques were issued not in discharge of
a subsisting liability but as advance/security cheques.
Crl. A. 679/2015 Page
improper alienation by the guardian of a minor.
11. If a transfer by a guardian is only voidable, then as decided in 'Raja Rajeswara ... unable to regard the deed of 25-11-1924 merely as a contract voidable at the option of the pltf., but good until avoided
contract in which time is essential. When a party to a contract promises to do a certain thing at or before a specified time ... time other than that agreed upon.
If, in case of a contract voidable on account of the promisors failure to perform his promise
World Sport Group (India) Pvt. Ltd vs The Board Of Control For Cricket In India
contract in which time is essential :
When a party to a contract promises to do a certain thing at or before a specified time ... Joss occasioned to him by such failure.
If, in case of a contract voidable on account of the promisor's failure to perform
