void, but is voidable at the option of the person defrauded.
7. "The option which characterises a voidable contract is an option either ... aside a voidable contract may affirm it if Re thinks fit. That is involved in the conception of a contract being voidable."
Needless
deemed to be lawful within the meaning of
this rule. Even a voidable contract, without initiating any
proceedings to that end, could result ... satisfaction of the
court that it is a voidable agreement under the Indian Contract
Act, 1872 . Article 137 of the Limitation Act specifically takes
into
aforesaid two cases Velu Pillai, J. held that a gift to joint donees is valid notwithstanding the doctrine of musha. and in the later cases ... such case could be advanced, for:
"A representation does not render a contract voidable unless it was intended to cause and has in fact
thus a prohibitory injunction. The consequence of violation of Sub-sections (1) and (2) is that the transaction shall be voidable at the instance ... Section 64 of the Contract Act provides that the party rescinding a voidable contract shall, if he has received any benefit thereunder from another party
aside a decree or a document. It is also found that under S.53, what is required is only a declaration that the document ... 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
Sections of the Indian Contract Act. Section 39 reads:
"When a party to a contract has refused to perform, or disabled himself from performing ... respondent for it provides, that
'When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform
influence the decision of a Court by
any illegal or improper means. Private communications with a Judge
relating to a pending case are forbidden. Clause ... 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 plaintiff in a case where the defendant successfully resists a suit on the ground that the instrument is void or that it is voidable ... restitution in the case of a void contract. Section 30 provides that on adjudging the rescission of a contract the Court may require the party
assent to a contract or
to sign on the dotted line in a prescribed or standard form
or to accept a set of rules ... majority of
such contracts are in a standard or prescribed form or
consist of a set of rules. They are not contracts between
individuals containing
a mistake of law has led to the formation of a contract, Section
21 enacts that that contract is not for that reason voidable ... a
mistake of law had led to the formation of a contract, Section 21
enacts that that contract is not for that reason voidable
