Section 28 of the Indian Contract Act is a crucial aspect of contract law in India. This section deals with agreements that are deemed to be void, and those that are deemed to be voidable. It outlines the legal framework for contracts and the consequences that can result from non-compliance.
Void agreements are those that are not enforceable by law. This can be due to a variety of reasons, including the agreement being illegal or against public policy. Voidable agreements, on the other hand, are those that can be enforced unless one party decides to void the contract. This could be due to misrepresentation, coercion, undue influence, or fraud.
There have been numerous case laws that have dealt with section 28 of the Indian Contract Act. One such case is Mohori Bibee v. Dharmodas Ghose, which established the principle that minors cannot enter into contracts. In this case, a minor had mortgaged his property to a moneylender, who then attempted to sell the property. The court ruled that the minor was not competent to enter into a contract, and therefore the agreement was void.
Another important case law is Balfour v. Balfour, which established the principle that domestic agreements are not legally binding. In this case, a husband promised to pay his wife a monthly allowance while he was working in Ceylon, but later refused to do so. The court ruled that the agreement was a domestic agreement, and therefore not enforceable by law.
A more recent case law is Satyabrata Ghose v. Mugneeram Bangur, which established the principle of unconscionable contracts. In this case, an agreement was entered into between two parties for a loan at a high rate of interest. The court ruled that the agreement was unconscionable and therefore voidable.
In conclusion, section 28 of the Indian Contract Act plays a vital role in determining the validity of contracts. It is essential for individuals and businesses to understand the legal framework surrounding contracts to avoid any legal complications. The case laws discussed above provide important insights into the interpretation and application of section 28.