negate the contract, and frustration of contract. Under the
Contract Act an agreement not enforceable in law is said to be void; an agreement
enforceable ... other, is a
voidable contract and finally a contract which ceases to be enforceable by law
becomes void when it ceases to be enforceable. Section
nullity contract or so to say
a void contract. As per his arguments, on the basis of
such contract, no cause of action has arisen ... void contract. Such type of
contract is described by this Court as a nullity
contract and such nullity contract gives rise to no cause
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
Rajesh V. Choudhary vs Kshitij R. Torka And Anr on 15 September, 2015
Author: K
view expressed in the above said case. The contracts may be categorized as follows:- (1)contract void ab initio; (2)a contract valid ... impediment for the performance of the contracts, it cannot be said that the contracts have become void since there is no total prohibition
that the contract is voidable, but that is only another
way of saying that the blameable party cannot have the contract made void
himself, cannot ... guilty of the act or omission to
render the contract void or unenforceable. In the case of New Zealand
Shipping Co. Ltd on facts
contract. By virtue of Section 16(1)(b) , it continues to be enforceable
notwithstanding a declaration of the contract being null and void. In view ... independent contracts. Commercial rights and
obligations are contained in the underlying, substantive, or the main
contract. It is followed by a second contract, which expresses
against the terms of contract between the parties unless of course, the terms are illegal and the contract void. It has not been suggested before ... conditions may appear to be unreasonable but that would not make contract void or even voidable. A consumer Forum has no jurisdiction to strike down
gross turnover as arbitrary, discriminatory,
unreasonable, unjust, unconscionable, unlawful,
null and void.
5.9.2. Decree of mandatory injunction directing NDMC
to grant FAR(Floor Area Ratio ... 16th July, 1982 as void, is barred by well settled law that the
Licensee cannot wriggle out of the commercial contract on the ground
that
