The document discusses void agreements under Indian contract law. It explains that void agreements are those that are not enforceable by law, such as agreements that were void from the beginning (void ab-initio) due to lacking necessary elements, or agreements that were initially valid but later became void. Examples of void ab-initio agreements provided include those restraining marriage or trade, preventing legal recourse, or being too uncertain. The document also discusses the doctrine of frustration which voids agreements when unexpected events make the contractual obligations impossible to perform.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Presentation on registration of a partnership firmShatakshiSingh17
Although, in India it is not mandatory to register a partnership firm but the registered partnership firm enjoys certain rights. In this presentation,I have talked about a Partnership firm, effects of its non-registration and procedure of getting a firm registered.
Do you understand what is a wagering agreement and a contingent agreement? Wagering Contracts and Contingent Contracts? If NO, then a must view slideshow for you.
Sales of goods act 1930 -- An Act to define and amend the law relating to the sale of goods.
WHEREAS it is expedient to define and amend the law relating to the sale of goods
Detailed Presentation on Capacity to Contract under Indian Contract Act, 1872
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
Presentation on registration of a partnership firmShatakshiSingh17
Although, in India it is not mandatory to register a partnership firm but the registered partnership firm enjoys certain rights. In this presentation,I have talked about a Partnership firm, effects of its non-registration and procedure of getting a firm registered.
Do you understand what is a wagering agreement and a contingent agreement? Wagering Contracts and Contingent Contracts? If NO, then a must view slideshow for you.
Sales of goods act 1930 -- An Act to define and amend the law relating to the sale of goods.
WHEREAS it is expedient to define and amend the law relating to the sale of goods
Detailed Presentation on Capacity to Contract under Indian Contract Act, 1872
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
A detailed presentation on Capacity to Contract under Indian Contract Act, 1872
Made By: ___________
Edited By: Ayush Patria, Sangam University, Bhilwara (Raj.)
(For Law Laboratory)
Follow us on Instagram: @Law_Laboratory
Website: www.lawlaboratory.in
Detailed Presentation on Essentials of Contract under the Indian Contract Act, 1872
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The slideshow contains study material for Indian Contact Act - Meaning of Contract, essentials of a valid contract, performance and discharge of a contract, contract of - indemnity and guarantee, bailment and pledge, agency.
Essentials of a valid contract; contract; offer and acceptance; consideration; capacity of parties; free consent; lawful object; void agreements; wagering agreements; quasi contracts.
Maintenance is known as Nafaqa and included Food, Cloth and Residence and it have been pointed out that it should include expenditure education of children.
Primary obligation of maintenance arises out of marriage- wife and children
Muslim man is bound to maintain his wife as long as she is faithful to him and obeys his reasonable orders.
No maintenance in irregular marriages and after divorce but in context of divorce SC have laid down decisions.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
The PowerPoint presentation is uploaded on behalf of Moot Court Association, Faculty of Law, Swami Vivekanand Subharti University. It will help the law students immensely in preparation of Memorials for either Moot Court Competitions or Internal assessment.
Fundamental Duties are enshrined under Part IV A of the Constitution of India. The duties though not justifiable but are integral to constitutional spirit.
The slides discuss in detail the concept of Bailment, Pledge, and Hypothecation under the Indian Contract Act, 1878. Useful for Law Students and professionals.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
The slides discuss in detail the concept of Restitution of Conjugal Rights in Hindu, Muslim, Christian, and Parsi laws. Useful for Law Students and professionals.
The slides discuss in detail the concept of Judicial Separation in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
The slides introduce the meaning, nature, and scope of marriage in Hindu, Muslim, Christian, and Parsi laws.
Useful for Law Students and professionals.
Useful for Law Students and professionals.
India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well.
‘Religion’ is entirely a matter of choice, perception and belief.
People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives.
When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.
In the context of the Constitution of India, P.B. Gajendragadkar, former Chief Justice of India, said:
“The concept of social justice is (thus) a revolutionary concept which gives meaning and significance to the democratic way of life and makes the rule of law dynamic. It is this concept of social justice which creates in the minds of the masses of this country a sense of participation in the glory of India’s political freedom”
He further adds,
“Social justice must be achieved by adopting necessary and reasonable measures with courage, wisdom, foresight, sense of balance and fairplay to all the interests concerned. That shortly stated, is the concept of social justice and its implications. If eternal vigilance is the price for national liberty, it is equally the price for sustaining individual freedom and liberty in welfare state”. Now but us discuss various theories of social justice.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. Void Agreements
• The Indian Contract Act 1872 under Section 2 (g) defines a void agreement as
“an agreement that is not enforceable by law”
• A void agreement definition would be an agreement or contract with no legal value. Legally, a
void agreement means the contract or agreement is no longer enforceable.
Void
Never valid Valid once
3. Agreements Never Valid
• An agreement that was void from the beginning is said to be void ab-initio.
• In order to be valid, the agreement must contain all of the elements listed in the Indian Contract
Act of 1872, Section 10.
• Ab-initio agreements violated the Indian Contract Act from the beginning and are not valid.
Examples of an agreement that would never be valid include those that:
1. Cannot be executed, such as a street vendor selling the Brooklyn Bridge to a tourist
2. Were made without consideration
3. Having unlawful consideration or object
4. Include a party that is a minor, intoxicated, or legally insane at the time of signing
5. Uncertain Agreements
6. Expressly given under the Act
• Essentially these agreements have no legal effects and in the eyes of the law they never existed.
4. Agreements valid once
• A void contract is a contract or agreement that ceases to have a legal effect.
• Unlike an ab-initio, these contracts did at one point contain the elements listed in the Indian
Contract Act, and therefore at least initially are considered valid legal agreements binding to
both parties. A few ways a contract could become legally void are:
1. The contract becomes impossible to fulfill due to external circumstances
2. Laws change since the initial agreement, and the agreement now requires breaking the law
3. Fulfilling the contract will result in something unlawful
4. The contract was contingent on circumstances that cannot come to pass
5. One party failed to disclose key information or provided inaccurate information
• Technically speaking, a fulfilled contract is also a void contract, as the parties involved are no
longer bound by the contract and therefore it has no legal effect.
6. 1. Agreement in Restraint of Marriage
• Section – 26 - Any agreement that restrains the marriage of a major
(adult) is a void agreement.
• This does not apply to minors. But if an adult agrees for some
consideration not to marry, such an agreement is expressly a void
agreement according to the contract act.
• So A agrees that if B pays him 50,000/- he will not marry such an
agreement is a void agreement.
• Rao Rani v Gulab Rano – Penalty upon remarriage my not be
construed as Restrained
7. 2. Agreement in Restraint of Trade
• Section – 27 - An agreement by which any person is restrained from plying a trade or practising
a legal profession or exercising a business of any kind is an expressly void agreement. Such an
agreement violates the constitutional rights of a person.
• However, there are a few exceptions to this rule:
1. A Sale of Goodwill - If a person sells his business along with the goodwill then the buyer can
ask the seller to refrain from practising the same business at the local limits.
Nordenfelt v Maxim Nordenfelt Guns & Ammunitions Co. Ltd
2. Partnership Agreements - Similarly, if an outgoing partner can enter into such a restraint of a
trade agreement with the partnership firm. Also, a contract between partners not to carry out any
competing business during the continuance of a partnership is also a valid contract.
3. Contract of Service
8. • One point to keep in mind regarding the above agreements is that
the terms of such an agreement have to be reasonable. Such
reasonable terms are not defined under the act but are to be
judged according to each unique situation and circumstance.
• Let us take for example the case of physician A who employs B as
his assistant for three years. For this duration of three years, B
agrees not to practice medicine anywhere else. This is a valid
agreement even though it is in restraint of trade.
• But say A a lawyer sells his legal practice to B along with the
goodwill. And A agrees never to practice as a lawyer anywhere in
the state for the next 20 years. This is not a valid agreement since
the terms are completely unreasonable
9. 3. Agreement of Restraint of Legal
Proceedings
• Section – 28- An agreement that prevents one party from enforcing his legal
rights under a contract through the legal process (of courts, arbitration, etc)
then such an agreement is expressly void agreement.
• However, there are exceptions like, if the agreement states that any dispute
between parties will be referred to arbitration and the amount awarded in
such arbitration will be final will be a valid contract.
• Also if the parties agree that any dispute between them in the present or the
future will be referred to arbitration, then such an agreement is also valid. But
such a contract has to be in writing.
10. 4. Agreements Void Through Uncertainty
• Another way agreements can be void is through uncertainty.
• If an agreement is uncertain in meaning, and cannot be clarified through legal or
business proceedings, the agreement is void. (May & Butcher v The King)
• Part of what makes a legally binding contract is the obligation being clear and
therefore able to be fulfilled. If the language used cannot be interpreted by the parties
involved or a third party, the contract has no legal effect.
• An example of a void agreement through uncertainty is one that is vaguely worded: "X
agrees to purchase fruit from Y." If there is no way to determine which type of fruit
was agreed upon or intended, then the agreement is void. However, if party Y in the
above agreement is a grapefruit farmer, then there is a clear indication of what type of
fruit was intended and X would still be liable to make the purchase.
11. 5. Wagering Agreements
• According to Section 30 of the Indian Contract Act, an agreement to
wager is a void agreement.
• The basis of a wager is that the agreement depends on the happening
or non-happening of an uncertain event. Here each side would either
win or lose money depending on the outcome of such an uncertain
event.
• The essentials of a wagering agreement are as follows. If all elements
are met then the agreement will be void:
1. Must contain a promise to pay money or money’s worth
2. Is conditional on the happening or non-happening of an uncertain
event ( Carlil v Carbolic Smoke Ball Co.)
12. 3. The event must be uncertain. Neither party can have any control over
it
4. Must be the common intention to bet at the time of making the
agreement
5. Parties should have no other interest other than the stake of the bet
• The following agreements are not considered wagering agreements,
1. Chit Fund
2. Commercial Transactions, i.e Transactions of the Share MArket
3. Athletic Competition and Competitions involving Skills
4. Insurance Contracts
14. IMPOSSIBLE AGREEMENTS
• Section 56 – “An agreement to do an act impossible in itself is void.
Contract to do an act which, after the contract is made, becomes
impossible, or, by reason of some event which the promisor could not
prevent, unlawful, becomes void when the act becomes impossible or
unlawful.”
Illustration:
• A agrees with B to discover treasure by magic. The agreement is void.
• A and B contract to marry each other. Before the time fixed for the
marriage, A goes mad. The contract becomes void.
15. DOCTRINE OF FRUSTRATION
• Contracts entered into between parties impose contractual obligations
on both the parties for the performance of such contract.
• However, many times unforeseen or unforeseeable supervening events
occur which make the performance of the contracts impossible due to
no fault of either party.
• In such cases, the contract is said to be frustrated.
• Frustration of contract results in involuntary extinction of the
contractual obligations of both parties and consequently, the parties
are relieved from their rights and liabilities.
16. • The doctrine of frustration was initially used by the English Courts in 1863 in the case
of Taylor vs. Cardwell.
• In this case, an opera house, which was rented for holding concerts, was destroyed by
fire. The Court held that the contract was frustrated because the very thing on which
the contract depended on ceased to exist.
• The doctrine of frustration was named in England in the case of Krell vs. Henry in
1903.
• Wherein the Plaintiff Krell leased his apartment in London to the Defendant C.S Henry
to be used for viewing a royal procession.
• However, the procession got cancelled and the Defendant refused to pay the Plaintiff
the balance of the rent.
• The Court held that the procession was the foundation of the contract, and that the
Defendant was excused from performance because his purpose for entering into the
contract was frustrated.
17. DOCTRINE OF FRUSTRATION IN
ICA,1872
• The Indian Contract Act, 1872, does not specifically define frustration of contract.
• However, the doctrine is envisaged in Section 56 of the Act, which states that an
agreement to do an act impossible in itself is void.
• Further, a contract to do an act which, becomes impossible, or, by reason of some
event which the promisor could not prevent, unlawful, becomes void when the act
becomes impossible or unlawful.
• Hence, frustration is the happening of an act outside the contract and such act makes
the completion of a contract impossible.
• After the parties have concluded a contract, events beyond their control may occur
which frustrate the purpose of their agreement, or render it very difficult or
impossible, or as even illegal, to perform.
18. Frustration of contract can be established upon the
fulfillment of the following conditions;
•Existence of a valid contract between parties
•The contract is yet to be performed
•The performance of the contract becomes
impossible or unlawful
•The impossibility to perform is caused by an event
which is beyond the control of both the parties.
19. FACTORS OF FRUSTRATION
1. Impossibility of performance:
• Doctrine of Frustration of contract arises from the impossibility to do an act.
• But the principle is not confined to physical impossibilities. It was held in the case
of Satyabrata Ghose vs. Mugneeram Bangurn & Co & Anr, that 'impossible' has
not been used in Section 56 of the Act in the sense of physical or literal impossibility.
• The performance of an act may not be literally impossible but it may be impracticable
and useless, and if an untoward event or change of circumstances totally upsets the
very foundation upon which the parties rested their bargain, it can very well be said
that the promisor finds it impossible to do the act which he promised to do.
Therefore, if the object of the contract is lost, the contract is frustrated.
20. 2. Change of Circumstances:
• Courts declare frustration of a contract on the ground of subsequent impossibility when it finds
that the whole purpose or basis of a contract was frustrated by the intrusion or occurrence of
an unexpected event or change of circumstances which was beyond what was contemplated by
the parties at the time when they entered into the agreement. The changed circumstances make
the performance of the contract impossible and the parties are absolved from the further
performance of it as they did not promise to perform an impossibility.
3. Loss of object:
• The impossibility contemplated by Section 56 of the Act is not confined to something which is
not humanly possible, as held in the case of Sushila Devi vs. Hari Singh. The Court stated that
if the performance of a contract becomes impracticable or useless having regard to the object
and purpose of the parties, then it must be held that the performance of the contract became
impossible. But the supervening events should take away the very basis of the contract and it
should be of such a character that it strikes at the root of the contract. As it was a case of lease
of property, which after the unfortunate partition of India and Pakistan, the property in dispute
which was situated in India, went onto the side of Pakistan, hence, making the terms of the
agreement impossible.
21. • Frustration of a contract makes the contract void, and discharges the
parties of the contractual obligations. However, Section 65 of the Act
states that when an agreement has become void, the person who has
received any advantage under such agreement is 'bound' to restore it
or to make compensation for it, from whom he received it. The issue
arises whether this section also applies to contracts rendered void by
frustration. Frustration of a contract occurs without the fault or control
of either party, and therefore, a party should not be made to
compensate in such event. However, not providing adequate
compensation may also cause loss to the other party. Therefore, it is
hoped that the Indian judiciary sheds some light into such issues and
provide a suitable remedy for cases of frustration of contracts.
Editor's Notes
Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed were temporarily requisitioned by the Govt. under the defence rules such that for unspecified period of time, any development work if executed on the land would be illegal. The contract was made at a time when war conditions were prevailing and any such requisition was imputed to be in contemplation of the parties while forming contract. Further, no time was specified in the contract.