there was no provision in the contract that the arbitrator cannot declare a
provision of the contract void.
23. In rejoinder, Mr.Sharma, learned counsel ... view
since the interpretation of the provisions of the contract and declaring the
contract as void is patently illegal and without jurisdiction, and is
impossible
learned arbitrator has power to declare any
part of the contract as void and opposed to Section 28 of
the Indian Contract ... period
than that prescribed by law would be void as offending section
28 of the Contract Act. That is because such a an agreement
would
into derivative contracts with its constituent without the minimum
percentage of margin money, the contracts entered into would be illegal and/or
void. The Division ... into derivative
contracts with its constituent without the minimum percentage of
margin money, the contracts entered into would be illegal and/or
void. Since there
Rule 3,
explanation, any agreement or compromise which is void or voidable under the
Indian Contract Act, 1872 would not be deemed to be lawful
that the dispute was not arbitrable on
account of discharge of the contract under a settlement agreement or
discharge voucher or no-claim certificate ... same,
then obviously, the discharge of the contract by such agreement/voucher
is rendered void and cannot be acted upon. Consequently, any dispute
raised
Maharashtra State Electricity ... vs Vijay Electricals Ltd on 4 February, 2015
Equivalent citations: AIR 2015
Rule 3,
explanation, any agreement or compromise which is void or voidable under the
Indian Contract Act, 1872 would not be deemed to be lawful
Rule 3,
explanation, any agreement or compromise which is void or voidable under the
Indian Contract Act, 1872 would not be deemed to be lawful
said contract of affreightment
was amended on 24th November 2007.
3.
On 30th September 2008, the respondent terminated the
said contract of affreightment. On 11th ... Gujarat inter alia praying for declaration that the said
contract of affreightment was null and void. The said suit was
transferred to the Court
Pol India Projects Ltd vs Aurelia Reederei Eugen Friederich Gmbh ... on 8 April, 2015
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