contract apply to the issue of a licence under the Act, a licence obtained by fraud is only voidable : it is good till avoided ... contract apply to the issue of a licence under the Act, a licence obtained by fraud is only voidable; it is good till avoided
contracts - All agreements are contracts
if they are made by the free consent of parties competent to contract,
for a lawful consideration and with a ... elements and causes contemplated under the Contract Act for rendering an
agreement void or a contract voidable. The exercise of judicial review by the
Supreme
this Act deals with Sale by a person in possession under a voidable contract. It states When the seller of the goods has obtained possession ... thereof under a contract voidable under Section 19 or Section 19A of the Indian Contract Act, 1872, but the contract has not rescinded
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 practised, or to whom such misrepresentation was made, does not
render a contract voidable.
A
M.M. Ratnam vs Income Tax Officer on 13 March, 1997
Equivalent citations: [1997]62ITD21
person in possession under voidable contract. - When the seller of goods has obtained possession thereof under a contract voidable under Section 19 or Section ... Sales of Goods Act refers to the buyer acquiring a title under a voidable contract, this principle has been applied by the Supreme Court
voidable
at the option of the party whose consent was so caused. The illustration (a) to the said Section
reads as under:-
(a) A, intending ... nothing but a
contract between the insurer and the insured was obtained by misrepresentation
and fraud, the said contract is voidable at the option
agreement is caused by
coercion, fraud or
misrepresentation, the agreement is
a contract voidable at the option of
the party whose consent was so
caused ... a contract of
the party on whom such fraud was
practised, or to whom such
misrepresentation was made, does
not render a contract voidable
Eastern Inc , the High Court dealt with a similar defence in a suit for specific performance of contract in which the consideration i.e. rent ... determining objections founded on the alleged uncertainty of a term in a contract the test is not whether the term is in itself certain
holding a real or apparent authority as per the spirit of the provisions of Section 16(2)(a) of the Indian Contract Act. Thus ... also observed that the TCA agreement with 1IMCL, Japan was a voidable contract in terms of Section 23 of the Indian Contract Act, 1872 read
