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Home Bare Acts Phrase: voidable Page 1 of about 117 results (0.006 seconds)Indian Contract Act, 1872 Chapter 2
Title: Of Contracts, Voidable Contracts and Void Agreements
State: Central
Year: 1872
.....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." A says nothing. Here, A's silence is equivalent to speech. (d) A and B, being.....
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 sectionAdministrators-general Act, 1963 Section 16
Title: After Revocation Letters Granted to Administrator-general to Be Deemed, as to Him, to Have Been Voidable Only
State: Central
Year: 1963
If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, the same shall, so far as regards the Administrator-General and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such Administrator-General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void: PROVIDED that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator-General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 29
Title: Sale by Person in Possession Under Voidable Contract
State: Central
Year: 1930
When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19A of the Indian Contract Act, 1872 (9 of 1872), but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 33
Title: Power to Require Benefit to Be Restored or Compensation to Be Made when Instrument is Cancelled or is Successfully Resisted as Being Void or Voidable
State: Central
Year: 1963
(1) On adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit which he may have received from the other party and to make anycompensation to him which justice may require. (2) Where a defendant successfully resists any suit on the ground-- (a) that the instrument sough to be enforced against him in the suit is voidable, the court may if the defendant hasreceived any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872, the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, suchbenefit to that party, to the extent to which he or his estate has benefited thereby.
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Section 25
Title: Voidable Marriages
State: Central
Year: 1954
.....party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
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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