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Home Bare Acts Phrase: voidIndian Contract Act, 1872 Chapter 2
Title: Of Contracts, Voidable Contracts and Void Agreements
State: Central
Year: 1872
.....by his agent1 , with intent to deceive another party thereto or his agent, or to induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent. Explanation.-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2 , or unless his silence is, in itself, equivalent to speech. Illustrations (a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A. (b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound. (c) B says to A-"If you do not deny it, I shall assume that the horse is sound.".....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 7
Title: Of Void Bequests
State: Central
Year: 1925
.....from the death of the daughters whose share it was. All these provisions are valid. Section 115 - Bequest to a class some of whom may come under rules in sections 113 and 114 If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1 [void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; 2 [and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 29
Title: Agreements Void for Uncertainty
State: Central
Year: 1872
Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations (a) A agrees to sell to B "a hundred tons of oil". There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. (b) A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void. (c) A, who is a dealer in coconutoil only, agrees to sell to B "one hundred tons of oil". The nature of A's trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of coconutoil. (d) A agrees to sell to B "all the grain in my granary at Ramnagar". There is no uncertainty here to make the agreement void. (e) A agrees to sell to B "one thousand maunds of rice at a price to be fixed by C". As the price is capable of being made certain, there is no uncertainty here to make the agreement void. (f) A agrees to sell to B "my white horse for rupees five hundred or rupees one thousand". There is nothing to show which of the two prices was to be given. The agreement is void.
View Complete Act List Judgments citing this sectionElectricity (Supply) Act, 1948 [Repealed] Section 10A
Title: Power of State Government to Declare Certain Transactions Void
State: Central
Year: 1948
.....State Government may declare void any transaction in connection with which a member has been removed under sub-clause (iii) of clause (e) of sub-section (1) of section 10 after considering the report on the facts of the case made to it by a District Judge nominated by it in this behalf. (2) A District Judge nominated under sub-section (1) shall, before making his report under that sub-section to the State Government in relation to any transaction, give all parties interested in the transaction a reasonable opportunity of being heard. (3) Where a transaction is declared void under this section, it shall not be enforceable by any party to the transaction but the provisions of section 65 of the Indian Contract Act, 1872, shall, so far as may be, apply to such transaction as they apply to an agreement which is discovered to be void or a contract which becomes void. (4) The decision of the State Government declaring any transaction void under this section shall be final and shall not be called in question in any court.] ___________________________ 1. Inserted by Act 101 of 1956, Section 6 w.e.f. 30-12-1956.
View Complete Act List Judgments citing this sectionBangalore Water Supply and Sewerage Act, 1964 Section 7
Title: Power of State Government to Declare Certain Transactions Void
State: Karnataka
Year: 1964
(1) The State Government may declare void any transaction in connection with which a member has been removed under1[x x x] clause (e) of sub-section (1) of section 6 after considering the report on the facts of the case made to it by a District Judge nominated by it in this behalf. (2) A District Judge nominated under sub-section (1) shall, before making his report under that sub-section to the State Government in relation to any transaction, give all parties interested in the transaction a reasonable opportunity of being heard. (3) Where a transaction is declared void under this section it shall not be enforceable by any party to the transaction but the provisions of section 65 of the Indian Contract Act, 1872, shall, so far as may be, apply to such transaction as they apply to an agreement which is discovered to be void or a contract which becomes void. (4) The decision of the State Government declaring any transaction void under this section shall be final and shall not be called in question in any Court. __________________________ 1. Omitted by Act 6 of 1966 w.e.f. 17.3.1966.
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Section 16
Title: Legitimacy of Children of Void and Voidable Marriages
State: Central
Year: 1955
.....being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.] _________________________ 1. Substituted by Act 68 of 1976, section 11, for section 16 (w.e.f. 27-5-1976) 2. 27th May, 1976.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 20
Title: Agreement Void Where Both Parties Are Under Mistake as to Matter of Fact
State: Central
Year: 1872
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Explanation.-An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact. Illustrations (a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the facts. The agreement is void. (b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void. (c) A, being entitled to an estate for the life of B, agrees to sell it to C, B was dead at the time of the agreement, but both parties were ignorant of the fact. The agreement is void.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 65
Title: Obligation of Person Who Has Received Advantage Under Void Agreement, or Contract That Becomes Void
State: Central
Year: 1872
.....of rice before the first of May. A delivers 130 maunds only before that day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them. (c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her a hundred rupees for each night's performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung. (d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the 1,000 rupees paid in advance
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Section 26
Title: Legitimacy of Children of Void and Voidable Marriages
State: Central
Year: 1954
.....of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of not his being the legitimate child of his parents.] ________________________ 1. Substituted by Act 68 of 1976, Section 26 for section 26 (w.e.f. 27-5-1976).
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 19
Title: Grounds for Declaring Election to Be Void
State: Karnataka
Year: 1993
..... (iii) by the improper reception , refusal or rejection of any vote or reception of any vote which is void ; or (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder; the1[Civil Judge (Junior Division)] shall declare the election of the returned candidate to be void. (2) If in the opinion of the1[Civil Judge (Junior Division)], any agent of a returned candidate has been guilty of any corrupt practice, but the1[Civil Judge (Junior Division)] is satisfied,- (a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the order and without the consent of the candidate, (b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election, and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the1[Civil Judge (Junior Division)] may decide that the election of the returned candidate in not void. __________________________ 1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
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