Indian
Contract Act . The Indian Contract Act provides as to
which contracts are void or voidable. Section 10 of the
Indian Contract Act provides that ... a contract
of the party on whom such fraud was
practised, or to whom such misrepresentation
was made, does not render a contract
voidable
contract in which time is essential.--
When a party to a contract promises to do a certain
thing at or before a specified time ... below:
"55. When a party to a contract promises
to do a certain thing at or before a specified
time, or certain things
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
Avantha Holdings Ltd vs Cg Power And Industrial Solutions Ltd on 6 December, 2021
Author
arbitration agreement would be invalid where
the contract or instrument is voidable at the option of a party,
such ... Duty.
6.9 The second issue in SMS Tea Estates 3 that a voidable
contract would not be arbitrable as it affects the validity
Contract and the default on the part of BSS, did not
make the contract voidable.
35. The view expressed by the Arbitral Tribunal is a ... Singh also submitted that even if a fraud was established, the same
renders a contract voidable. In the present case, even though some
amendment is that prior to
the said amendment even a voidable
contract/agreement could form the basis of a
compromise/consent terms without the party ... a lawful manner. The
explanation made it clear that an agreement or a
compromise which is void or voidable under the Indian
Contract Act shall
When a contract
contains reciprocal promises, and one party to the
contract prevents the other from performing his
promise, the contract becomes voidable ... contract in which time is essential.—When a party
to a contract promises to do a certain thing at or before
a specified time
M/S.Simplex Infrastructure Limited vs M/S.Aban Offshore Ltd on 26 April, 2021
submitted by the learned Counsel that a contract entered
into between the parties was not a voidable contract and thus the
question of any consequence ... provided on rescission of a voidable
contract would not arise.
17. Learned counsel submitted that Section 64 of the Contract Act
sought to be pressed
