Formation Defects and Void and
Voidable Contracts - Formation Defects
Rendering Contracts Voidable - Incapacity
- Minors."
23. In the said judgment , their lordships relied on
Mokori ... 2010
".........The question whether a contract
is void or voidable presupposes the
existence of a contract within the meaning
of the Act, and cannot
reduction in price mutually agreed upon by the parties to the contract prior to the date of import will be relevant and taken into consideration ... have been contracted for or that there has been serious breach of the terms of the contract which makes the contract void/voidable
with its cause. It does not mean
that a void or voidable contract cannot be adjudicated by the Industrial
Tribunal/courts merely because the concerned
says that an
agreement or compromise "which is void or voidable under
the Indian Contract Act ..." shall not be deemed to be
lawful ... compromise has to examine
whether the compromise was void or voidable under the
Indian Contract Act . Even Rule 1(m) of Order 43 has been
compromise
Page 19 of 34
'which is void or voidable under the Contract Act .....'
shall not be deemed to be lawful within ... compromise has to examine whether the compromise
was void or voidable under the Contract Act . Even Rule
1 (m) of Order 43 has been deleted
with its
cause. It does not mean that a void or voidable
contract cannot be adjudicated by the Industrial
Tribunal/courts merely because the concerned
Indian Contract Contract, it deals with Contract. Ex.A1 sale agreement is neither void nor voidable contract and the same has not been challenged
such adjournment.]
Explanation.An agreement or compromise which is
void or voidable under the Indian contract Act, 1872 shall
not be deemed to be lawful ... compromise and the decree that would
make the same void or voidable under the Contract Act .
More importantly, Order XXIII, Rule 3-A clearly bars
such adjournment.]
Explanation.An agreement or compromise which is
void or voidable under the Indian contract Act, 1872 shall
not be deemed to be lawful ... compromise and the decree that would
make the same void or voidable under the Contract Act .
More importantly, Order XXIII, Rule 3-A clearly bars
other, is a
voidable contract and finally a contract which ceases to be enforceable by law
becomes void when it ceases to be enforceable. Section ... elements and causes contemplated under the Contract Act for rendering an
agreement void or a contract voidable. The exercise of judicial review by the
Supreme
