meaning
of the said rule if the same is void or voidable under Indian
Contract Act, 1872 . It follows that in every case where ... compromise and the decree that would make
the same void or voidable under the Contract Act . More
importantly, Order XXIII Rule 3A clearly bars
clear that an agreement or a compromise which is void or
voidable under the Contract Act shall not be deemed to be lawful within ... says
that an agreement or compromise 'which is void or voidable under the
Contract Act ...' shall not be deemed to be lawful within
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
leaving little or no ground for claiming
that the underlying contract is void or voidable, it would
have the wholly undesirable result of delaying ... matters including the issue as to whether
the main contract was void/voidable can be referred to arbitration.
Otherwise, it would be a handy tool
contracting parties should
be competent to contract as per the above provision
and the minor's contract was held to be void ... 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
Chapter 2 of the Indian Contract Act, 1872 deals with
contracts, voidable contracts and void agreements whereas section
10 lays down what agreements are contract
contract is null
and void shall not entail ipso jure the invalidity of the arbitration
clause. Hence, the invalidity of the contract between the parties ... void. The arbitration agreement survives for determining whether the
contract in which the arbitration clause is embodied is null and void,
which would include voidability
alleged fraud and undue influence or coercion may
render a contract voidable but not void and the civil court has to balance
equities for setting
receive) such further sums as the market price or an instrument of
contract may dictate; and (v) The failure of a Client to understand ... explain the risk to the
Client shall not render a contract as void or voidable and the Client shall
be and shall continue
agreement is
a contract voidable at the option of the party whose consent was so caused. A
party to a contract, whose consent was caused ... agreement, is made void under
Section 20 . But a contract vitiated by fraud or misrepresentation is made
only voidable. Therefore, the normal premise that fraud
