CiteTEXT
...: 1992 P.L.J. 249, has also held that agreement without consideration is void and as no consideration amount was paid at the time of ...agreement without consideration is void, unless of course, it is a case of acceptable exception per Section 25 of the Contract Act. Concededly, the cheque issued by the appellant was dishonoured. ...money. So, it is established that no consideration has been passed to defendant No. 1 in pursuance of the agreement to sell Ex.P10. As per section 25 of the Contract Act, an agreement made without...
...general rule that an agreement without consideration is void. It further held that though on the date of making such promise by issuing a cheque, the debt which is promised to be paid may be alrea...which is an agreement becomes exception to the general rule that an agreement without consideration is void, is what is said by the Supreme Court. There was a reciprocal...subscribe to a charitable institution, is without consideration and void. This ratio is reflected in the judgment of the Hon’ble High Court of Madhya Pradesh reported in a case between Firm...
...takes us to section 25 of the Indian Contract Act, 1872, which provides that an agreement without consideration is void, unless it is in writing and registered, or ...promise to compensate for something done, or is a promise to pay a debt barred by limitation of law. It further provides that an agreement made without consideration is void, unless-...affect the validity, as between the donor and donee, of any gift actually made.Explanation 2: An agreement to which the consent of the promisor is freely given is not void merely...
...general rule that an agreement without consideration is void. The Court held that though on the date of making such promise by issuing a cheque, the debt which is promised to be paid may be alread...without consideration is void. Though on the date of making such promise by issuing a cheque, the debt which is promised to be paid may be already time barred, in view of Sub-section(3) of Sectin 25 of the...enforceable only by reason of bar of limitation, the cheque amounts to a promise governed by sub section 3 of Section 25 of the Contract Act. Such promise which is an agreement, becomes exception to the...
...the Contract Act provides that an agreement without consideration is void. However, in any event from the pleadings of the parties as also the evidences adduced by them, it is evident that the par...perusal of Ext. 2 that is the agreement dated 28-11-1980, however, it appears that neither the said consideration amount nor the rate of the said land per katha has been mentioned therein. It has...is a well settled principle of law that if a consideration is not fixed for an agreement, the same will only amount to an agreement to agree and not a binding contract.16. The...
...without consideration is void under S. 25 of the Indian Contract Act unless it is in writing and registered and is made on account of natural love and affection or ...will not permit the defendants to take the lorries through their property. Therefore, they were compelled to execute the agreement. According to them, the agreement is unenforceable as it was...other two suits. That decision was upset by the lower appellate Court.3. Since execution of Ext. A-6 agreement is not in dispute the burden is heavy on the appellants to establish that it...
...failed to appreciate Section 25(3) of the Contract Act, 1872 which stipulates that an agreement without consideration is void unless it is a promise made in writing and signed by the person to be...Indian Contract Act, 1872 and such promise which is an agreement is an exception to the general rule that an agreement without consideration is void and that the debt which ...:
"Section 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something do...
....8. Section 25 of the Contract Act reads thus:“25. Agreement without consideration void, unless it is in writing and registered, or is a promise to compensate for som..., or is a promise to pay a debt barred by limitation law. — An agreement made without consideration is void, unless—(1) it is expressed in writing and registered under the ...creditor might have enforced payment but for the law for the limitation of suits.In any of these cases, such an agreement is a contract.”9. Thus, ...
...without consideration. Reliance was placed upon Section 25 of the Indian Contract Act, 1872. We find that such finding is not correct in law. Section 25 of the Contract Act is to the effect that an ...if a document is registered on account of natural love and affection between the parties standing in a near relation to each other, then such an agreement is not void. Section 25 of the Contract Act reads as under:...for something done, or is a promise to pay a debt barred by limitation law. - An agreement made without consideration is void, unless—(1) it is expresse...
....12. As per Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void unless it is in writing and registered or is...connection an agreement is also entered into whrein the respondent had issued a cheque for Rs. 2 lakhs and that without any reasons, the respondent has violated the terms and conditions and despite...for something done or is a promise to pay a debt barred by limitation. In Explanation 2 it is clearly stated that, an agreement to which the consent of the promisor is freely given is not void mer...
...next point requiring consideration is whether this agreement is a valid and enforceable contract under the Indian Contract Act 1872. To the general rule that agreement ...consideration is void unless—(1) It is expressed in writing and registered under the law for the time being in force for the registration of documents and is made on account of natural...consent of parties competent to contract and made for lawful consideration and with a lawful object and are not expressly declared to be void. To this, there is a further provision which is to the...
...became an onerous when defendants No. 1 and 2 are husband and wife. As per provision of Indian Contract Act, an agreement without consideration is void. Admitted cost of...consideration for which they were legally liable to prove the sale deed dated 09.05.2006 which was found to be without consideration. The consideration shown in the said sale deed was drastically...evidence and inadequacy of sale consideration shown in the sale deed dated 09.05.2006. The present appeal neither involves any question of law, nor the same is on account of any misreading of...
...:-
"25. Agreement without consideration void, unless it is in writing and registered, or is a...limitation law.--An agreement made without consideration is void, unless--
(1) it is expressed in writing and registered under the law...law for the limitation of suits.
In any of these cases, such an agreement is a contract."
"9. Thus, Sub-section (3) of Section...
...Company is not liable to indemnify the owner. Since there is no contract between the vehicle owner and the Insurance Company, agreement without consideration is void. The Tribunal erred b...The appeal is filed by the Insurance Company being aggrieved by the order passed by the Tribunal, wherein the compensation awarded to the accident victim is directed to be...the cancellation of insurance not been duly intimated to the vehicle owner and the RTO. Hence, the Insurance Company is liable to pay the compensation to the claimants and recover the same from the...
...Contract Act, makes it clear that an agreement without consideration is void unless it is in writing and registered and is made on account of love and natural affection between p...charge being without consideration it may not be enforceable in law. Now in this case there can be no doubt, looking to the two deeds executed by the assessees, that the charge created by them is a...charge which Princess Kamaladevi can enforce in a Court of law. It is perfectly true that for the agreement to pay the sum of Rs. 6000 there is no consideration, but looking to the relationship between the...
...presence of witness, or any law relating to the registration of documents.”“25. Agreement without consideration:— An agreement made without consideration is void; ...) Agreement without consideration void, unless it is in writing and registered:— It is expressed in writing and registered under the law for the time being in force for the registration of documen...the consent of the promiser is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determinin...
...which is an agreement is an exception to the general rule that an agreement without consideration is void. Though on the date of making such promise by issuing a cheque, the debt...repayment indicated is the same and all other facts arising for consideration are similar. Hence for the purpose of narration and consideration of the law, the facts relating to the appeal arising out of...paid, even if is time-barred is a legally recoverable one. In view of Section 25 (3) of the Indian Contract Act, the promise/agreement is valid and therefore the same is enforceable. The learned...
...Section 25(1) of the Indian Contract Act, 1872 any agreement without consideration is void unless it is in writing and registered. He contends that the subject document .... Agreement without consideration void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt, barred by limitation law.-...without consideration is void, unless-(1) It is expressed in writing and registered under the law for the time being in force for the registration of [documents] and is made on acc...
...cheques ? 5. That takes us to Section 25 of the Indian Contract Act, 1872, which provides that an agreement without consideration is void, unless it ...writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation of law. It further provides that an agreement made without consideration ...Section shall affect the validity, as between the donor and donee, of any gift actually made. Explanation 2: An agreement to which the consent of the promisor is freely given is not void merely because the...
...appended to the aforesaid Rule provides that an agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the meani...at the time of execution of the sale deed no consideration was paid by the defendant to the plaintiff nor possession of the land was delivered, hence, the sale deed was void.Against the...:“Compromise of suit.- Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise [in writing and signed by the...