further that under the law the initial invalid assignment cannot be validated by ratification. He also submits that the defendant appellant can challenge the validity ... acts are done. Section 198 and 199 provide that no valid ratification can be made by a person whose knowledge of the facts
ratification be made to have such effect. The Section makes clear that if the rights of the third parties are affected, the ratification cannot validate ... facts and complete background - which is a condition precedent for a valid ratification.
10. An affidavit has been filed before us now by the petitioner
substance being by an unauthorised person is not rendered valid except upon ratification. Here in the present case, though the sale dated Sept ... plots because original transfer being void it could not be validated by the ratification. ( Narendra Nath v. Hrishikesh , AIR 1919 Cal 875). Necessarily the plaintiffs
previously
authorised it. Ratification can be express
or implied from conduct, and it will be held
adopted throughout.
XXX XXX XXX
Ratification differs from consent ... Contract Act. It
reads as under:
“198. Knowledge requisite for valid
ratification
“No valid ratification can be made by a
person whose knowledge
original transaction being void it could not be rendered valid by a subsequent ratification by the deed of release dated April ... plots because original transfer being void it could not be validated by the ratification. ( Narendra Nath v. Hrishikesh , AIR 1919 Cal 875). Necessarily the plaintiffs
milk centre with retrospective effect The ratification by the Board of Directors, even though subsequent, validated the dismissal order passed against respondent ... ratification be made to have such effect. The section makes it clear that if the rights of third parties are affected, the ratification cannot validate
that if no further advance is made at the time of ratification, the ratification of a contract entered into by a person during his minority ... during his minority and it was held that the ratification was valid and binding and he did not adversely criticise those cases. Mukerji J., held
consider whether there was subsequent ratification and it cannot be said that subsequent ratification is needed when the ratification was there in the inception itself ... question of subsequent ratification does not arise. The Delhi High Court no doubt held that such subsequent ratification also validates such a transfer. The view
other members of the family and where such necessity exists it is valid in its entirety. It has never been suggested that the alienation ... outset, it is still open to the other coparceners to validate it by their ratification if they are competent to do so. That question, however
Harakh Singh v. Mumtaz Hasain , the
question of acquiescence and ratification was also
considered.
Following Gopal Das v. Baij Nath and Subba
Rao v. Appadurai ... 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
