Question
In which case did the Court held that when a contract
is valid no doubt of it being cancelled arises and when it is void ab initio then also no option of cancelling it arises as it is not present in the eyes of lawSolution
The Court held that when a contract is valid no doubt of it being cancelled arises and when it is void ab initio then also no option of cancelling it arises as it is not present in the eyes of law. When a contract has no existence, no action is enforced on it. N.P. Thirugnanam v.Dr. R.J. Mohan Rao- a plaintiff not "ready and willing" to perform his part of the contract would not be entitled to a specific performance decree. c. Shakuntala Devi v. Chamru Mehta- The Court held that Section 4 of the Specific Relief Act would only be available with regard to civil matters and not to criminal proceedings. Indian Oil Corporation Ltd. V. Amritsar Gas Services & Ors. -It was held that a contract which is in its nature determinable cannot be enforced by the Court.
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