contract.
17. In view of the foregoing, as well as the stand taken by CVSIPL that
the Contracts are void/ voidable, the Court is unable ... specific performance of the Contracts, which is
completely contradictory and incongruous to its claim that the contract is
cancelled/ void/ voidable. Besides, even if there
Explanation refers to Indian
Contract Act . The Indian Contract Act provides as to
which contracts are void or voidable. Section 10 of the
Indian Contract ... meaning of the said Rule if the same is void
or voidable under the Contract Act, 1872 . It
follows that in every case where
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
neither party's case
that the transaction is void or voidable. It is
defendants' simple case that although they had
executed a sale ... whether the transaction between the
plaintiff and the defendants is void or voidable. The
contract becomes void when it is opposed to public
policy
leaving little or
no ground for claiming that the underlying contract is void
or voidable, it would have the wholly undesirable result of
delaying ... caution and circumspection
whilst examining the plea that the main contract is void or
voidable. The Court ought to decline reference to
arbitration only where
leaving little or no
ground for claiming that the underlying contract
is void or voidable, it would have the wholly undesirable result of
delaying ... caution and circumspection whilst
examining the plea that the main contract is void or voidable.
The Court ought to decline reference to arbitration only where
Government then also the same would be a void
or voidable contract at the option of the respondents.
35. From the aforesaid discussions ... Memorandum of Understanding amounts to breach of contract,
(iii) the extension clause is void-ab-initio due to violation of the provision under
Article
proved that such payment was made.
Thus, Section 25 of the Indian Contract Act will have no
application in the facts as emerged ... Chapter-II of Indian Contract Act, 1872 , deals with
contracts which are voidable contracts and void
agreements and all such agreements and contracts that
fulfil
when it is placed on
the plaintiff under Section 73 of Indian Contracts Act?
2. Whether the Court below is right in decreeing the
suit ... Indian Contracts Act for a benefit received
under the void or voidable contract and whether the
plaintiffs has so pleaded that it is the
appellant
referred to
in sub-section (1) the contract of the employer
with the insurers is void or voidable by reason of
non-compliance ... that sub-section shall apply as if the
contract were not void or voidable, and the
insurers shall be entitled to prove in the
insolvency
