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.
Page ... a contract may sue for rescission of the contract. Section 27(1)
is set out below:
“ (1) Any person interested in a contract
Nuovopignone International Srl vs Cargo Motors Private Limited & Anr. on 30 May, 2023
Author
voidable contract;
xxx
10. What agreements are contracts.- All agreements are
contracts if they are made by the free consent of parties competent
to contract ... a contract of the party on whom such fraud was
practised, or to whom such misrepresentation was made, does not
render a contract voidable
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 practiced, 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 ... time other than that agreed upon.—If, in case of a contract
voidable on account of the promisor’s failure to perform his promise
contract in
which time is essential-When a party to a contract promises
to do a certain thing at or before a specified time ... contract, failure of the employer
to perform a mutual obligation would enable the contractor
to avoid the contract as the contract becomes voidable
arbitration agreement would be
invalid where the contract or instrument is voidable at the
option of a party, such ... a deficiency which is
curable on the payment of the requisite Stamp Duty.
30. The second issue in SMS Tea Estates that a voidable
contract
Indian Contract Act , when the consent to an
agreement is caused by undue influence, the agreement is
a contract voidable at the option ... whom holds a real or
apparent authority over the other. Such contracts, which
affect a large number of persons or a group of persons
Contract Act, 1872, when consent
to an agreement is caused by coercion, fraud or
Signature Not Verified misrepresentation, the agreement is a contract voidable ... Under Section
19-A , when consent to an agreement is caused by undue
influence, the agreement is a contract voidable at the option
