CiteTEXT
...S. 65, Contract Act.
65. When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such...the personal covenant being statute barred: they also insist upon their right to relief under S. 65, Contract Act. The defendants have not lodged a case nor have they...., under S.65, Contract Act. This was also treated as a term which equity would impose as a condition of setting aside a transaction on the ground of undue influence. The...
...and the lease on that basis was also illegal, the plaintiff was not entitled to claim relief under Section 65 of the Indian Contract Act. It, therefore, dismissed the suit.5. On appeal the High Co...Section 72 of the Contract Act applied to the facts of the case.6. We are of the view that Section 65 of the...Contract Act cannot help the plaintiff on the facts and circumstances of this case. Section 65 reads as follows:“When an agreement is discovered to be void, or when a...
...executed by Khusal Singh in favour of plaintiff-appellants are void but again it fails to take judicial notice of Section 65 of Indian Contract Act as well as Article 47 of the Indian Limitation ...quote Section 65 of the Indian Contract Act as well as Article 47 of Indian Limitation Act before appreciating its applicability to the facts and circumstances of the present case:—...THE INDIAN CONTRACT ACT: 65 Obligation of person who has received advantage under void agreement or contract that becomes void - When an agreement is discovered...
...was negatived by the lower Court on the ground that Section 65, Contract Act was not applicable to a case of this kind...Municipal Council 1934 58 Mad 65. The question whether Section 65, Contract Act would apply to a...Section 65, Contract Act include also cases where agreements are void ab initio. It has therefore, to be held that agreements of this kind c...
...Section 65 of the Contract Act, has any application to the case of a contract which fails for non-compliance with the...Section 65 of the Contract Act. This decision is at variance with decisions of practically every other High Court in India & even..., can any relief be given to the pltf. under the provisions of Sections 65, 70 & 72 of the Contract Act?”18. It is not necessary for us to enter into the question of the validity of the...
...to Section 64-VB of the Insurance Act, Sections 25, 51, 52, 54 and 65 of the Contract Act and the decisions of this Court in Inderjit Kaur (1998) 1 SCC 371 and Rula (2000) 3 SCC 195...from the insurer in such a situation.19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the...Contract Act says that when a contract becomes void any person who has received any advantage under such contract is bound to restore it to the person from whom he received it. So, even if the insurer has...
....19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any per...Act. The insurer was justified in repudiating the contract and it has done it in time and soon after the cheque bounced. In this view of the matter there is no need for us to go to any other point that...insurance is a contract whereby one undertakes to indemnify another against loss, damage or liability arising from an unknown or contingent event and is applicable only to some contingency or act to...
...of the aforesaid judgment and legislated Law Reform (Frustrated Contracts) Act, 1943.27. In India, the Contract Act had already recognized the harsh consequences of such frustration to some ext...the Contract Act. Section 65 provides as under:65...orders do not come within the ambit of Clause 23 of the Contract.6. Aggrieved by the award, the Respondent challenged the same under Section 34 of the Arbitration Act before...
...counsel for the respondents submitted that in the original plaint, the appellant rightly sought only for recovery of sale price relying on Section 65 of the Contract Act. Section 65 of the Contract ....”18. The original plaint expressly so avers and relies on Section 65 of the Contract Act clearly admitting that the sale deed has become void. This admission...respondents in favour of the appellant after obtaining permission from the State of Karnataka under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976.4. A...
...of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any person who has received any advantage under such ...Act obligates the owner of the motor vehicle to get the vehicle insured insofar as the claim of third party is concerned. The Act does not deal with contract of insurance as such. Contract of insurance...of the Act and its liabilities in other cases. But the same liabilities arising under a contract of insurance would have to be met if the contract is valid. If the contract of insurance has been...
...any other prohibitions contained in Section 23 of the Act. Such being the case the provisions of Section 65, Contract Act have...there is no obstacle to the application of Section 65, Contract Act.
Section 3, Sub-section (2) of the...Section 65, Contract Act would be applicable.
Reliance is also placed on the illus...
...185 is, to some extent taken care of by Sections 65 and 70 of the Indian Contract Act. Section 65 provides that when a contract becomes void, any person who has received any advantage under such...agreement or contract is bound to restore it or to make compensation for it, to the person from whom he received it. Under Section 70 of the Contract Act, an obligation is cast on the person enjoying benefit of a non-gratui...by the various provisions of the Indian Contract Act. Sections 65 and 70 provide for certain reliefs in void contracts and in unenforceable contracts where a person relying on a representation has...
...below held that the contract was illegal and could not be sued on. The first Court, however, granted them relief under S. 65 of the Contract Act. The appellate Court dismissed...partnership in the first instance, when he was equally to blame with the other partners.S. 65 of the Contract Act was also invoked for the purpose of procuring a...that S. 65 of the Contract Act did not apply. In Auryaprabhakara Rao v. Gummudu Sanyasi (3) S. 65 of the Contract Act was inv...
...on that basis Sections 65 and 70 of the Contract Act were attracted. The Court wanted the parties to produce relevant material to enable the Court to pass an appropriate decree. Both parties requested...the question as to the measure of compensation to which the State was entitled to be paid by the Company under Section 65 of the Contract Act. It was held that for the three years preceding the suit...payable under the agreement (Ex. A), the Court allowed a sum of Rs 4,50,000 for the period December 15, 1950 to December 15, 1953 as compensation under Section 65 of the Contract Act. A sum of Rs...
...on section 65 of the Contract Act. It is there provided that
" when an agreement...one within the words and the meaning of section 65 of the Contract Act.
The plaintiff, therefore...clause (e) every promise and every set of promises forming the consideration for each other is an agreement, and by clause (h) an agreement enforceable by law is a contract. Section 65, therefore, deals...
...under Section 87 the principle embodied in Section 65 of the Indian Contract Act could be applied; end the person who has received a benefit under the negotiable instrument...seems to be no reason why the Court should not act in such a case on the principle embodied in Section 65 of the Indian Contract Act'.
The question...provisions of Section 65 of the Contract Act. Section 65 of the Contract Act runs thus :--'When an agreement is d...
...had erred in granting the relief to the plaintiff under Section 65 of the Contract Act.4. The finding...Section 65 of the Indian Contract Act which reads as under:“When an agreement is discovered to be void, or when the contract becomes void, any person who has...enforceable yet it will merely render the contract as void and attract the provisions of Section 65 of the Indian Contract Act. Section 65 has already been quoted above and it...
...provisions of section 65 of the Contract Act was not applicable. He accordingly reversed the decree of the trial Court and dismissed the sui.... section 65 of the Contract Act does not apply to contracts which were ab initio void to the knowledge of the contracting parties but is ap...plaintiffs unless section 65 of the Contract Act was not to be applied.10. Reliance has rightly been placed by the learned c...
...Section 65 of the Contract Act, should be allowed, as it must be assumed, in the absence of any evidence to the contrary, that at the time w...not necessary therefore to consider the question whether compensation under Section 65 of the Contract Act, could be...argument, that the plaintiff's contention, that Section 65 of the Contract Act, has no application to a case in which the parties are aware ...
...upon contract because they have no written contract signed by two councillors as provided by Section 45 of the then act, act 4 of 1884. They claim however under ...nugatory, if such an agreement is brought within the ambit of Section 65, Contract Act? The short answer to this question would seem to be that the Municipalities Act is silent about and therefore not...Council shall be immune from the provision of Section 65, Contract Act, but there is nothing of the kind in the Act. The...