...said to be void”.13. Before we proceed to consider what are lawful agreements or what are voidable or void contracts, we may point out that it is not necessary under law that...contract became void under Section 22 of the Contract Act. Besides this where the description, area and other particulars of the property are not absolutely definite, precise, certain and exact, no....14. Section 10 of the Contract Act provides as under:“10. What agreements are contracts.—All agreements are contracts if they are made by the free...

...:“Contracts by way of gaming to be void, and wagers or sums deposited with stakeholders not to be recoverable at law — Saving for subscriptions for...prizes— .... All contracts or agreements, whether by parole or in writing, by way of gaming or wagering, shall be null and void; and .... no suit shall be brought or maintained in any Court of law and...:“Promises to repay sums paid under contracts void by 8 & 9 Vict. c. 109 to be null and void. — Any promise, express or implied, to pay any person any sum of money paid by ...

...can thus claim recovery of Rs. 1,200 paid by them under the void contracts either on the basis of quantum meruit or on the principle of the restoration of benefit under a void contract; but this does...plaintiffs alleged that the defendant executed two contracts under Act 1 of 1903, binding himself to work with a hundred coolies in the Mango Range Estate of the plaintiffs and received a consideration..., that the suit contracts were invalid and unenforceable and that the amount claimed in the plaint as due from him was not correct. The last point was covered by issue 8. As the District Munsif found...

...provisions of Section 65 of the Evidence Act which provides that in case of void contracts any amount received by one party shall be restored to the ...Section 23 of the Evidence Act, such agreement is not enforceable in law being void ab initio. According to the learned.... Section 65 of the Contract Act, 1872 reads as under:—“65. When an agreement is discovered to be void...

...defendant, on coming of age, to make this void contracts valid and binding one, though it was of course competent for him to enter into a fresh agreement to pay the debt on his own account. This he would seem...first, obtained, as required by s. ??? of Act XL of 1858. It is obvious therefore, that this contract was void. On the 11th September, 1878. Tara Singh himself executed a bond for Rs. 47...Court. It is plain that this suit, which is brought on the bond of the 29th August, 1872, must fail. That instrument was ab initio void, by reason of its having been executed by Prem Sukh directly in...

...appropriately applied to this class of cases. The argument in favour of the applicability of Article 62 in the case of void contracts appears to be based on the consideration that in case of such contracts.... Where, therefore, even in cases of void contracts, actual possession of the property sold is handed over by the seller to the purchaser, it cannot be rightly postulated that the purchaser is.... The next element, which requires to be fulfilled, is that such money must have been paid on an existing consideration. There is authority for holding that money paid even under a void...

...are contracts and those which are not enforceable by law are void.4. Essential components of a valid contract are provided in Section 10 of the Contact Act. These are as below...are contracts, if they are made by free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void by the Act...void contracts has well been high-lighted in the undermentioned cases.81. In Deep Narain Singh v. Nageshwar Prasad, AIR 1930 All 1 at p. 3 (FB...

...refund of the money advanced by the appellant; but although the section applies in general to void contracts as well as to voidable ones, it does not apply to contracts that are illegal. In...sued on. It is only contracts entered into after the auction takes place, it is contended, that are illegal; because they amount to transfers of the interests of the licensee. This question has been.... There, although the contract was found to be illegal, yet the money was ordered to be refunded. From one point of view, however, the contract was merely void and not illegal; because it purported to...

...contracts having been entered into in violation of the said notification they are void contracts. Under such void contracts the plaintiff will not be entitled to any damage. It is quite understandable...the plaintiff did not hear anything from the defendant the brokers Raja Ramanlal & Co. wrote a letter to the defendant on 28.8.1972 calling upon it to supply the goods under the aforesaid two contracts.... But to that the defendant replied making false statement that since the plaintiff had not supplied empty gunnies the contracts were cancelled. Thus the defendant committed breach of contract. The...

...Executive Engineer or the Superintending Engineer of the P.W.D on the other, in respect of any of the three building projects, and therefore, such oral contracts were completely void, and not...the bricks appropriated by it. The defendant has admitted having received several lakhs of bricks under the aforesaid void contracts in connection with the building projects, But has averred at the...three building contracts were not enforceable, these contracts being void, and if the defendant made any payment as damages for such void contracts, the defendant is also debarred from claiming any...

...application out of which the present appeal arises, for setting aside the award on the ground, inter alia, that the contracts in question were forward contracts which were void under Section 6 of the Bombay...Securities Contracts Control Act VIII of 1925, that consequently the arbitration clause was also void and inoperative, and that the proceedings before the arbitrators were accordingly without..., and holding that the contracts were not void under Section 6 of Act VIII of 1925, dismissed the application. The respondent took the matter in appeal to the High Court of Bombay, and that was heard...

...contract note No. 17996 were not in accordance with the prescribed official form of contract notes of the Association and he was advised that in the premises the contracts were void under the...Section 8 of the Bombay Cotton Contracts Act, 1932, and that, that being so, the arbitration agreement incorporated in the contract note was also ...reference to arbitration and there could be no award as purported to have been made by the arbitrators on a refer- ence under the void contracts. The matter was dealt with by Mr. Justice...

...incompetent to contract, the promissory notes represented void contracts. See Mohori Bibee v. Dharmodas Ghose 30 C. 539 (P.C.) : 30 I.A. 114...Section 115, Evidence Act, as estoppel cannot overrule a plain provision of law or form the basis of a cause of action when the contract itself is void [see .... 8. I agree with the order proposed by my learned brother. The suit is upon a void contract and I agree that the principle of estoppel cannot be invoked in order to render the contract...

...incompetent to contract, the promissory notes represented void contracts. (See Mohori Bibee v. Dharmodas GhoseBut it is argued (1) that the defendant is estopped from raising the defence...or form the basis of a cause of action when the contract itself is void, (see Arumugam Chetti v. Duraisinga Tevar and Vaikunda Rama Pillai v. Authimoolam Chetty.Next, the Privy Council...void contract and I agree that the principle of estoppel cannot be invoked in order to render the contract enforceable.I wish to reserve my opinion as regards the construction of the...

...void contract or series of void contracts. The contract or contracts are perfectly valid. The only mistake is in the performance of the contract or contracts. Either the title to the goods (14 bales...pieces in excess another 5 and a third a shortage of 11 pieces so that there had been a delivery under the various contracts of 14 pieces in excess.Now it does not matter for the purposes....” It was argued at the trial that on the evidence, that this was a contract void in part by reason of mutual mistake. From the discussion in this Court, it was made abundantly clear that no such...

...illegal contracts and that they are void. The fifth suit which the respondent filed for the refund of commission is also based on the same ground.2. In four out of the five suits the...petitions which were filed by the defendant were disposed of by the District Munsiff on 23-3-1954. He decided that the said contracts are not void and the disputes therefore should be referred to...District Judge now through his order dated 1st. August, 1960 has again allowed the appeal this time holding that the contracts are void. The arbitration clause incorporated therein, therefore cannot be...

...Contract Act, 1872 has drawn a distinction between voidable and void contracts. Section 19 deals with voidable contract, while S. 23 of...void. Similarly a compromise entered into in the absence of a certain party is in the nature of void contracts. In the instant case the allegation of the plaint establishes that the plaintiff...1. This is a plaintiffs second appeal arising out of a suit for declaration that the decree in Suit No. 3803 of 1956 of the court of IInd Additional Munsif, Deoria is null and void and not...

...Contract Act, 1872 has drawn a distinction between voidable and void contracts. Section 19 deals with voidable contract, while Section 23...unlawful is void. Similarly a compromise entered into in the absence of a certain party is in the nature of void contracts. In the instant case the allegation of the plaint establishes that the plaintiff...and 1-7-1966 passed by the Deputy Director of Consolidation in case No. 65 concerning Khata No. 34 of village Shyampur Jalilpur are fraudulent, null, void and ineffective and therefore, liable to be...

...agreement is discovered to be void within the meaning of S. 65 is the date of agreement.41. These three cases of the Privy Council make it clear that in the case of void contracts it is...or discover it later on. Void contracts are either those whose object is unlawful (S. 23) or those which are made for an unlawful consideration (S. 24).75. Hence, if the parties...held that though S. 65 is applicable to contracts which are void ab initio, yet it cannot apply to forbidden contracts.79. In...