terms of the
contract. It further provides that a decision by the
Arbitral Tribunal that the contract is null and void shall
not entail ipso ... others, is a voidable contract;
2(j) A contract which ceases to be enforceable by law becomes
void when it ceases to be enforceable
validity or existence of the challenged
contract. Should the Court find the parent contract to be
void ab initio or illegal or non-existent ... stance of the thing contracted for may not necessarily
render a contract void. Thus there must be a difference so
complete that, if the contract
contains the arbitration agreement is held to be void, the arbitration clause in such a void contract has no independent existence and therefore the dispute ... contract is held to be void, the clause regarding arbitration found in a void contract would not become void. It exists independently of the said
terms of the contract.
It further provides that a decision by the Arbitral Tribunal that the
contract is null and void shall not entail ipso ... others, is a voidable
contract;
2(j) A contract which ceases to be enforceable by law
becomes void when it ceases to be enforceable
conditions.
The agreement was thus enforceable.
Nor was the contract void for uncertainty. It was clear
from judicial decisions that a reference to "force ... were so, the contract is
saved by s. 21 , as already explained. In our opinion, the
contract was not void for illegality.
The agreement
Force Majeure Clause" were vague and uncertain, and made the contract void ab initio, as there was no consensus ad idem between the parties ... were so, the contract is saved by s. 21 , as already explained. In our opinion, the contract was not void for illegality.
18. The agreement
parties to the
contract to their bargain. It is in that context
that Section 28 of the Indian Contract makes
contracts void, which restricts ... there was only one contract and that a
contract or agreement by way of gaming of wagering
contract which is void cannot be made
parties entered into a contract which has an arbitration clause. The seller contends that the contract itself is void on the ground that ... arbitration agreement is contained in the contract and if the seller can avoid the contract as having been void ab initio or having become void
petition to enter into the contract. In such event, according to Mr. Bhabra the arbitration contract is void ab initio and all proceedings thereunder including ... Section 2(g) of the Indian Contract Act in support ef his contention that the contract is void. If according to Section
terms of the contract. It further provides that a decision by the Arbitral Tribunal that the contract is null and void shall not entail ipso ... 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
