infant was not competent to contract the question whether the contract was void or voidable could not arise in the case of an infant ... exist and that the question whether a contract is voidable or void within the meaning of Sections 64 and 65 of the Contract
have suffered in consequence, or will render the contract void or voidable. The principles which this Company required its Directors to follow in the matter ... interest acquired subsequent to the contract will have the legal effect of rendering the contract void ab initio or voidable. This seems
says that an agreement or compromise "which is void or voidable under the Indian Contract Act ...." shall not be deemed to be lawful ... entertained compromise petition has to examine whether it was void or voidable under the Contract Act .'
32.In the decision Muthukrishnamal v. Anathalakshmi
Respondent
or for that matter frustration of the contract, status of
contract ie.void or voidable, unequal terms as these
are of no relevance ... concealment/ fraud committed by
the Respondent so essential to make a contract
void/voidable in terms of Indian Contract Act 1872.
Prima Facie Tribunal does
lawful agreement – court has to examine
whether compromise is void or voidable under
Indian Contract Act – though application for
exercise of power under Order ... such
adjournment.
Explanation - An agreement or
compromise which is void or voidable
under the Indian Contract Act, 1872 (9
of 1872), shall not be deemed
other or others, is a voidable contract;
(j) A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable ... delineate and differentiate between term void and voidable. Section 2(j) clearly provides as to when a voidable contract would reach the stage of being
clear that an agreement or a compromise which is void or
voidable under the Contract Act shall not be deemed to be lawful within ... meaning of the said Rule if the same is void
or voidable under the Contract Act, 1872 . It follows that in every case where
have suffered in consequence, or will render the contract void or voidable. The principles which this company required it directors to follow in the matter ... interest acquired subsequent to the contract will have the legal effect of rendering the contract void ab initio, or voidable. This seems
this. An alienation by a widow is not a void contract, it is only voidable-- Bijoy Copal Mukerji v. Krishna Mahishi Debi ... this nature by a widow is not a void but only a voidable contract, and that it can be affirmed expressly or impliedly by conduct
Contract Act, 1872 , among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts which are void from their very making ... contracts; (2) contracts which are void ab initio; and (3) contracts which became void after a period of time (frustrated contracts).
40. Insofar as voidable