Assistant General Manager State Bank Of ... vs Radhey Shyam Pandey on 2 March, 2020
Equivalent
performance.—A plaintiff instituting a suit for
the specific performance of a contract in writing may
pray in the alternative that, if the contract cannot ... A party
executing the document, or a principal in respect of a
document executed by his agent, or a minor in respect
of a document
present dispute was a contract. To determine whether the Board had to pay
compensation for any benefit received under the contract, it was imperative that ... Indian Contract Act, 1872 (hereinafter the „ Contract Act ‟), contemplate return
of benefit for a void/voidable contract. It was submitted that these provisions
a good chance of success in the final
arbitral proceedings, the aforesaid order to deposit the shortfall in the
account so as to maintain a ... Contract Act, 1872
[“ Contract Act ”] referred to want of free consent, and was a well-
accepted ground that would vitiate the contract, rendering it voidable
voidable under
the Contract Act, 1872 . It follows that in every case where the
question arises whether or not there has been a lawful
agreement ... would make the same void or voidable under the Contract
Act . More importantly, Order 23 Rule 3A clearly bars a suit
to set aside
been a minor, but certainly not a toddler. It is absurd that any
rational employer, far less a statutory body, would appoint a
toddler ... into a contract, as observed by my esteemed brother. A
contract may not be enforceable against a minor. A contract
executed by a minor
short,
the ‘ Contract Act ’),11 as contracts made by free consent of parties
competent to contract, for a lawful consideration and with a lawful
object ... 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
Ferrodous Estates (Pvt) Ltd. vs P.Gopirathnam (Dead) And Ors. on 12 October, 2020
Equivalent
could
have also taken some initiative in the matter. To make a contract
void the nondisclosure should be of some very material fact ... cannot be said to
33
be such a material fact as to make the policy void or voidable. We
are clearly of the view that
influence the
decision of a prudent insurer in deciding as to
whether or not to accept a risk is a material fact. As
this Court ... a
clear presumption that any information sought for in
the proposal form is material for the purpose of
entering into a contract of insurance