Indian Contract Act, 1872
198. Knowledge requisite for valid ratification.—
No valid ratification can be made by a person whose knowledge of the facts
shares, were used for the purpose of ratification.
28. A glance at the share transfer forms confirms that they are not in compliance with section ... could whilst considering latter whether, in fact, thee is any valid ratification, all that need be noted at this stage is that if the sale
facts of the case, without which, as Section 198
provides, no valid ratification is possible. These provisions give rise to a
whole lot of questions ... have the full knowledge so as to make the ratification valid? These and
other pertinent questions either appear to have escaped the arbitrator
valid ratification by an ordinary resolution of the members in the general meeting as the ratification to be valid must be made by the members ... question of ratification, nor is it necessary, in my opinion, to go into this question, as, the ratification, if valid, would validate the invalid transactions
complaint and even if it is so, would it be a valid ratification.
7. In order to consider these points, I have to necessarily refer ... authority makes it invalid from its inception and cannot be validated by a later ratification and accordingly the proceedings initiated by one of the Directors
determined. And there can be no ratification by a person who at the time of ratification could not have done the act himself even though ... acting on behalf of Government, could, without precedent authority or subsequent ratification, validly lease the minor's property in perpetuity has not been shown
Ratification" which was not taken
note of by the High Court.
35) The expression “Ratification” means “the making valid of an act
already done ... could not be subsequently “rectified” by ratification of the
competent authority. Ratification by definition means the making valid of
an act already done. The principle
held to
be void ab-initio and no amount of ratification could validate the order.
The case pertains to the realm of disciplinary proceedings ... subsequent power of
attorney. It was held that the ratification was valid and relates back to the
date of original act.
The resolution dated
company ratifies it. It is urged that there is no valid ratification of the borrowing because the attention of the shareholders was never expressly drawn
Court is the consent of the parties and the subsequent ratification does not validate the reference which was void ab initio. Calcutta and Madras High ... therefore, as discussed above, I am of the view that subsequent ratification cannot validate the order of reference passed by a Court at a time