Agreements are making with a common object for the benefit of both all the parties involved in the agreement. But sometimes the agreements are making for the benefit of only one party or it may be made with partial unlawful object. It may also be made without consideration to benefit only one party. It may be to protect personal interest or for the interest of few persons in the agreement. These kinds of agreements are not valid in the eyes of law. All the conditions for a valid agreement mentioned in the Indian Contract Act 1872 must be satisfied for legal validity of an agreement. Other agreements are void either partly or fully. The following are the legal provisions related to void agreements in the Indian Contact Act, 1872.
As per Section 24 of Indian Contract Act, 1872 Agreements are
void if consideration and Objects are unlawful in Part. It is
mentioned in the Act as:
"If any part of a single consideration for one or more objects,
or any one or any part of any one of several consideration of a
single object, is unlawful, the agreement is void".
As per Section 25 of Indian Contract Act, 1872, agreements
without consideration are 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.
As per the provisions in the Indian Contract Act, "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 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
authorised in that behalf, to pay wholly or in part debt of
which the creditor might have enforced payment but for the law
for the limitation of suits. In any of these cases, such an
agreement is a contract."
But there are exceptions in some cases - e.g. Gift Deed may be without consideration, but it is valid.
As per Section 26 of Indian Contract Act 1872 agreement in
restraint of marriage other than a minor is void.
As per Section 27 of Indian Contract Act, 1872 every agreement
by which anyone is restrained from exercising a lawful
profession, trade or business of any kind, is to that extent
void.
As per Section 28 of Indian Contract Act, 1872 agreements in
restrain of legal proceedings, void
Every agreement, 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, is void to the extent.
An uncertain agreement of which meaning is not certain is also
void as per Section 29 of the Indian Contract Act, 1872
As per section 30 of Indian Contract Act 1872, 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 may wager is made.
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