arbitration agreement would be invalid where
the contract or instrument is voidable at the
option of a party, such as under Section ... that a voidable contract would not be
arbitrable as it affects the validity of the
arbitration agreement, is in our view not the
correct position
a contract of the party on whom such fraud was
practised, or to whom such misrepresentation was made, does not
render a contract voidable.
Illustrations ... character
of a contract when consideration is lawful and so also the objective. A void
agreement cannot be enforced, not being a contract
Contract Act
(after amendment in 2930) or by a person who has obtained
possession of goods under a contract voidable under ... Contract Act
states:
"178A. When the pawnor has obtained
possession of the goods pledged by him trader
a contract voidable under section
Contract Act.
According to Section 19 of the Contract Act when consent to an
agreement is caused by misrepresentation, the agreement is a contract
voidable ... a clear finding whether there
was a misrepresentation on the part of the respondents or not. Suffice it to
observe that a voidable contract confers
Agreement. There was a
reference to violation of a fundamental condition of
the Contract i.e. non-furnishing of a Letter of
Comfort from ... a contract of the party on whom
such fraud was practiced, or to whom such
misrepresentation was made, does not render a contract
voidable
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
February 1986, subject to the provisions of
this Contract."
MII served a notice on 10th April, 1998 invoking the arbitration
agreement. The same would ... Contract Act providing that where the parties did not intend time
to be of the essence of the contract, the contract was not voidable
perform at a fixed time, in contract in
which time is essential.-- When a party to a contract promises to do a
certain thing ... contract as a whole or with reference to a particular term or
condition of the contract which is breached. In a contract relating to sale
below: "55. When a party to a contract
promises to do a certain thing at or before a specified
time, or certain things ... essence of the contract and default however, in such a case
does not make the contract voidable either. It becomes
voidable provided the matter
provisions of s. 21 of the
Indian Contract Act which provides that a contract is not
voidable because it was caused by a mistake ... a
mistake of law has led to the formation of a contract, s. 21
enacts that that contract is not for that reason voidable
