...R.C Patnaik, J.:— The substantial question of law that has arisen for an answer in this Second Appeal is : whether a deed of transfer executed under fraud and misrepresentation, is void or ...transfer or document is non est, ineffective and must be deemed never to have taken place. Then comes the question, when is a document, void or voidable, where fraud and misrepresentation...voidable. It gives an option to the patty to treat the contract as binding or disaffirm the same. Until it is avoided, the transaction is void, so that third parties without notice of the fraud may in...

...lawful where it is void or voidable under the Contract Act. Consent obtained by fraud, misrepresentation coercion or undue influence is either void or voidable....would require proof that (i) there is a compromise in writting, (ii) the compromise is signed by the parties and (iii) such compromise is lawful. Where the compromise is void or voidable ...No. 2, her husband was acting as the agent and collecting rent from the house by letting it out. She is a Paradanashin lady knowing only to sign in Urdu and has no knowledge of litigation or...

...misrepresentation the agreement is a contract voidable under sec. 19 of the Contract Act and not void, here there was no consent at all.In our opinion this...Plaintiffs' whole claim was barred by limitation did not go into the question of fraud.The only point urged before us is that if the Munsif's finding is correct, the deed is void ab...executing a deed of a different kind, there was in law no execution of the deed by them. The same contention put in another form is that though when consent to an agreement is caused by fraud or...

...overruled.” 4. In view of the explanation appended to Rule 3 of Order 23, an agreement or compromise which is void or voidable under the Contract Act shall not be deemed ...voidable.” 47. A conjoint reading of Sections 10, 13 and 14 indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or mistake, such consent...agreement or compromise”. The explanation added by amendment provided that an agreement or a compromise which is void or voidable under the Indian Contract Act, 1872, shall not be deemed to be law...

...:-In the opinion of this Court, if any alienation is outcome of fraud, misrepresentation or coercion, then alienation shall be voidable and in that event, plaintiff has to seek annulment/cancellation...to pay ad valorem court fee.Now, it is settled position of law that if plaintiff is one of the executants and alienation is being challenged on the basis of fraud, misrepresentation or coer...and she has challenged the alienation on the ground of fraud and misrepresentation, hence, the alienation would be voidable for which simplicitor suit for declaration is not competent and main hidden...

...question is whether the alleged contract was void for illegality, or, being voidable, was avoided because induced by fraud or misrepresentation, or on the ground of mistake, it depends on...binding force is challenged, e.g, where it is said that the parties never were ad idem, or where it is said that the contract is voidable ab initio (e.g, in cases of fraud, ...scope of the arbitration agreement.... If, however, the point in dispute is whether the contract containing the clause was ever entered into at all, or was void ab initio, illegal, or obtained (for...

...is said to be voidable by reason of any coercion, misrepresentation or fraud particulars thereof are required to be pleaded. That void document is not required to be avoided whereas ...Shiddappa, AIR 1968 SC 956, held that a contract or other transaction induced or tainted by fraud is not void, but only voidable at the option of the party defrauded. Until it ...legal position may be different if there is a fraudulent misrepresentation as to the contents of the document or as to its character. With reference to the former the transaction is void, while in the...

..., misrepresentation or mistake, such consent is not free consent and the contract becomes voidable at the option of the party whose consent was caused due to coercion, fraud or misrepresentation. ...adjournment. Explanation 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...agreement or compromise". The explanation added by amendment provided that an agreement or a compromise which is void or voidable under the Indian Contract Act, 1872, shall not be deemed to be law...

...settle the matter among themselves. Learned counsel for the petitioner further tried to emphasize that the contract is void. Any contract arrived at in between the parties by coercion, fraud or misrepresentation of....The main controversy in the writ petition is as to whether the petitioner is entitled to the entire arrears and consequential benefits of the services in view of the settlement dated...26.8.2005 arrived at in between the parties.There is no dispute that the petitioner's date of birth was treated as 14.10.1944 by the employer and he was allowed to superannuate w.e.f...

...the contract between the parties was void or voidable on the ground that the contract was entered into or procured by fraud, misrepresentation and coercion or by mistake. But this preliminary issu...the parties the tenant may assert that the contract of tenancy is void or voidable on account of misrepresentation or fraud.6. In the written statement in this case the defendants di...execution of the lease was procured by fraud, misrepresentation or coercion. The decision of the Madras High Court is consistent with the view taken by this Court in Vasudev Daji v. Babaji Ranu(4...

...: "47. A conjoint reading of Sections 10, 13 and 14 indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or mistake, such consent is not...the other party. The Explanation appended to Order 23 Rule 3 CPC provides that an agreement or compromise which is void or voidable under the Indian Contract Act, 1872...ground that the decree was not lawful i.e. it was void or voidable has to approach the same court, which recorded the 5...

...Limitation Act applies. It is argued that as permission of the District Judge was obtained by practising fraud, the transaction entered into by the guardian in pursuance of such permission is void. The contention ...transaction itself is not void on that score. A permission obtained by a fraudulent misrepresentation being void is a nullity, and a transfer ostensibly made in pursuance of such permission must be...instituted on the 22nd of January, 1927, was barred by the three years rule, if it is applicable.The only question is whether article 44 or article 144 of the Indian...

....”47. A conjoint reading of Sections 10, 13 and 14 indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or mistake, such consent ...expression “lawful agreement or compromise”. The Explanation added by amendment provided that “an agreement or a compromise which is void or voidable under the Contract Act, 1872, shall not be dee...lawful”.44. Reading Rule 3 with proviso and Explanation, it is clear that an agreement or compromise, which is void or voidable, cannot be recorded by the courts...

...is void or voidable as vitiated by fraud and misrepresentation; and (v) whether the cancellation deed is liable to be cancelled. There could be other incidental or related issues but main...: Suit for Cancellation of Deed 24. That a void or voidable instrument of transfer or instrument governing the relations between two or more persons, cannot be enforced, is r...Act are relevant and read as under. 31. When cancellation may be ordered: (1) Any person against whom a written instrument is void or voidable, and who has reasonable...

...Court of the contract being lawful is erroneous or which would entitle the applicants as successor in interest of one of the parties to the contract to void the contract. Else, a contract is voidable/...or which is void or voidable is to move an application before the court concerned which had passed the decree; Reliance in this regard was placed on...contract. It is not the case of the applicants that the finding of this Court of the compromise being lawful is incorrect or that any of the terms of the compromise were unlawful so as to void the contract...

...Act, if consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is voidable and not void. Therefore, when the defendant comes forward with a plea that the Mortgage...was obtained by fraud or coercion or misrepresentation, it is for him to approach the Court to seek appropriate relief. The necessary corollary is that the defendant who has failed to come forward...transaction as void one or to set aside the Mortgage Deed on the ground that his consent was obtained by misrepresentation or coercion...

...." 44. A conjoint reading of Sections 10, 13 and 14 indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or mistake, such consent is not...agreements without free consent.-When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused...deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.] [Explanation.— An agreement or compromise which is void or...

...submits that the Supreme Court, the various High Courts and the Tribunal have consistently taken a view that a document otherwise genuine, even though issued on the basis of fraud or misrepresentation is not void b.... It is only issued or was issued in the context of a fraud or a misrepresentation, and according to the settled law, such a document is at the best a voidable one and is valid till it ...context of a fraud or misrepresentation, is by itself a genuine document and according to settled law, such document is, at the most, voidable and is valid till it is set aside. A transac...

...14 of the Contract Act defines theexpression "free consent" and a consent is tree when it is not caused by coercion, under influence, fraud, misrepresentation or mistake. A consent ind...Indian Contract Act. If there was consent in fact, it is immaterial that it was induced by fraud or misrepresentation and in the determination of this matter, no principle of criminal law' and much less...fraud...... is as a rule only to make the transaction voidable and not void, and if,. therefore, an innocent purchaser has bought the goods before the transaction is avoided the true owner cannot claim...

...Code is that when the adjustment or compromise is not lawful and challenges to the same has been made on the ground of fraud, undue influence or misrepresentation which makes the agreement ...aside a decree on the ground that the agreement or the compromise on which it is based is void having been brought about by misrepresentation, undue influence or fraud etc. (2) What is th...to be recorded, thinks fit to grant such adjournment. Explanation. - An agreement of compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872...