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" VOID AND VOIDABLE VOID AND VOIDABLE By   Mr. Taqi Ahmad Khan, Barrister-at-Law, Lahore   1. A void order is so categorized because the legislature or rather Courts deny its legitimacy. Law refuses to lend it any help to become effective.   2. Section 2(9) of the Contract Act, 1872 defines a void contract as one not enforceable by law. Void order manifests itself in many ways but our Supreme Court has cautioned in the use of this "over worked" expression which has become subject to divergent judicial interpretation (1978 SCMR 367).   3. If the order was passed without hearing and notice to a party whose presence was otherwise necessary before authorities concerned such order would be a nullity in the eye of law (1986 SCMR 962).   4. Where the parties to an agreement agreed to transfer property owned, by a third party without the latter's knowledge,. the agreement is fraudulent and void. (1994 SCMR 782).   5. Minor executing sale deed which was registered but the contract with the minor is a nullity, (Section 11 of the Contract Act, 1872) and does not confer any right or title on the purchaser. (PLD 2003 SC 849).   6. In Chapter II of the Contract Act different contracts have been declared as void. They include contracts for unlawful objects and considerations, without consideration, restraint of marriage, and legal proceedings, wagering contracts, and those contacts, which suffer from uncertainty.   7. Article 8 of the Constitution of Pakistan (1973) (which is a substantive reproduction of Article 4 of the Constitution of 1962) declares laws inconsistent with or in derogation of fundamental rights to be void. The fundamental rights are enumerated in Chapter I of the Constitution and include security of person,…
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