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Home Bare Acts Phrase: voidabilityIndian 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 Contract Act, 1872 Section 19
Title: Voidability of Agreement Without Free Consent
State: Central
Year: 1872
.....a contract voidable. Illustrations (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (b) A, by a misrepresentation, leads B erroneously to believe that five hundred maunds of indigo are made annually at A's factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this B buys the factory. The contract is not voidable on account of A's misrepresentation. (c) A fraudulently informs B that A's estate is free from encumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed. (d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through A's ignorance B is enabled to buy the estate at an undervalue. The contract is voidable at the option of A. (e) A is entitled to succeed to an estate at the death of B, B dies; C, having received intelligence of B's death,.....
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 64
Title: Consequences of Rescission of Voidable Contract
State: Central
Year: 1872
When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.1 _______________________ 1 . See section 75, infra.
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 sectionProhibition of Child Marriage Act 2006 Section 3
Title: Child Marriages to Be Voidable at the Option of Contracting Party Being a Child
State: Central
Year: 2006
.....any time but before the child filing the petition completes two years of attaining majority. (4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money: Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 30
Title: Voidability of Transfers Made in Contravention of Section 28 or Section 29
State: Central
Year: 1890
A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby.
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Section 12
Title: Voidable Marriages
State: Central
Year: 1955
.....Act, the 1978 (2 of 1978)], the consent of such guardian was obtained by force3[or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 66
Title: Mode of Communicating or Revoking Rescission of Voidable Contract
State: Central
Year: 1872
The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.1 ______________________ 1. See section 3 and 5, supra.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 178A
Title: Pledge by Person in Possession Under Voidable Contract
State: Central
Year: 1872
When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnor's defect of title. ]
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