Sections under Void Agreements

Question 1

Section 2(g)

Answer 1

VOID AGREEMENTS:
An agreement not enforceable by law is said to be void

Question 2

Section 23

Answer 2

Agreement, the object or consideration of which is unlawful
The consideration or object of an agreement is lawful, unless—
> forbidden by law;
> such a nature that, if permitted, it would defeat the provisions of any law;
> fraudulent;
> involves or implies, injury to the person or property of another;
> the Court regards it as immoral, or opposed to public policy

In each of these cases, the consideration or object of an agreement is said to be unlawful.

Question 3

Section 24

Answer 3

Agreements void, if considerations and objects unlawful in part
If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.

Alice Mary Hill v. William Clarke
Poonoo Bibi v. Fyaz Buksh

Question 4

Section 26

Answer 4

Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.

An agreement made without consideration is void, unless—”
(1) it is expressed in writing and registered under the law for the time being in force for the registration of 1[documents], and is made on account of natural love and affection between parties standing in a near relation to each other; or unless
(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or unless.
(3) It is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits.

Question 5

Section 26

Answer 5

Agreement in restraint of marriage, void
Every agreement in restraint of the marriage of any person, other than a minor, is void.

Maharam Ali v. Aysha Khatun
Rao Rani v. Gulab Rani

Question 6

Section 27

Answer 6

Agreement in restraint of trade, void.

Question 7

Section 28

Answer 7

Agreements in restraint of legal proceedings, void
Every agreement,—
(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or
(b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to that extent.

Question 8

Section 29

Answer 8

Agreements void for Uncertainty

Agreements, the meaning of which is not certain, or capable of being made certain, are void.

Uncertainty, Future, Undefined, incapable

Question 8

Section 30

Answer 8

Agreement by way of wager, void
Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made.”

> Uncertain event
Mutual chance of gain/loss
No control of parties
No other interest

Gherulal Parakh v. Mahadeodas, AIR 1959 SC 781
A promie to give money or moneys worth upon the determination or ascertainment of an uncertain event.
Carlill v. Carbolic SmokeBall Co., (1893) 1 QB 256 (CA)

Question 9

Section 56

Answer 9

Agreement to do Impossible Act
An agreement to an act impossible in itself is void.