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
Written Version. It was contended on its behalf that unless a contract is embodied in the Marine Insurance Policy in accordance with the Marine Insurance ... Company, which amounted to non-disclosure of material fact, rendering the contract void/voidable. Within a period of 6½ months, three such incidents had been
Indian Contract Act, 1872
(hereinafter referred to as the Contract Act ), deals with
voidable contracts and void agreements. Section 10 of the
Contract Act provides
Contract – Non est factum, plea of – See
Limitation Act , Arts.91 and 59, etc.
http://www.judis.nic.in
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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
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
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
Claimant proves that the subject Contract is
voidable.
(iii) Whether the Claimant proves that the subject Contract is void.
(iv) Whether Claimant proves that ... been pleaded that the learned Arbitrator wrongly held that
the contract is void/voidable. Reliance is placed on the judgment of this
court
voidable contract.
15. Section 10 provides: "All agreements are contracts if they are made by the free consent of parties competent to contract ... thinks fit to do so. The question whether a contract is void or voidable presupposes the existence of a contract within the meaning
Chapter-II of Indian Contract Act, 1872 , deals with
contracts which are voidable contracts and void agreements
and all such agreements and contracts that fulfill
that under Section 21 of the Indian Contract Act, 1872, a contract is not
voidable because it was caused by a mistake ... compromise to have the contract contained
in the compromise declared void; (c) else, a contract is voidable/void, when
consent thereto is caused by coercion
