cancellation of void or voidable agreements, and that an
agreement can be void or voidable only between two contracting parties. A
Page ... other kind of written instrument, is void or voidable,
seeks to have it adjudged void or voidable and cancelled. Where
the party seeking cancellation
respondent and in such an event, it was a voidable/void
contract at the option of the lessor as such, that period also should
specific provision in the Contract Act relating to void and voidable contracts where fraud was alleged in such a circumstances. He had led us through ... confined. Fraud makes the contract void in terms of the Contract Act . Lawfulness covers both void and voidable agreement. Therefore, this question of fraud cannot
Smt.Rathnamma vs Smt.Venkatamma on 17 November, 2020
1 O.S.No.1925/2000
clear that
an agreement or a compromise which is void
or voidable under the Indian Contract Act
shall not be deemed to be lawful within ... says that an
agreement or compromise "which is void or
voidable under the Indian Contract Act ...."
shall not be deemed to be lawful
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
void, but is voidable at the option of the person defrauded.
7. "The option which characterises a voidable contract is an option either ... conception of a contract being voidable."
Needless to say, that if a contract or other transaction is void, it is nullify and there
prescribed under the Transfer of
Property Act , being but a contract, is void / voidable and can be declared so
on the grounds permitted under
been held
that a contract or other transaction induced or tainted by fraud is
not void, but only voidable at the option of the party ... character of the
document itself, the contract is void and not voidable, and it was
considered and held as under in paragraph
Contract – Non est factum, plea of – See
Limitation Act , Arts.91 and 59, etc.
http://www.judis.nic.in
12
Contract – Void and voidable transactions ... void or voidable
instrument apprehends that it may cause him
serious injury, he may sue to have it adjudged as
void or voidable
