Law: Contract Act, 1872

Section: 2,2(g)&(i),2(9)(1),11

Law: Constitution of Pakistan, 1962

Section: 98

Law: Limitation Act, 1908

Section: 5,5,6,7PartIII

(a) Contract Act (IX of 1872)- S. 2(g) & (i)-Words and pbrases-"Void"= `Voidable"-Meanings and distinction.-[Words and phrases]. There is great looseness in the use of the words "void" and "voidable, and very often they are used interchangeably. Nevertheless there is a clear distinction between things "void" and "voidable" though the two terms are not infrequently used without special regard for the difference or distinction particularly where such distinction is of no consequence or where: the attention of the Court is not particularly directed to this distinction. The expression "void" in the strict or accurate sense means "absolutely null" that is to say incapable of ratification or confirmation and of no effect whatever. The word "voidable" on the other hand is something which could be avoided or confirmed and which is not absolutely void. In other words what is voidable has some force or effect, but which may be set aside or annulled for some error or inherent vice or defect. "Thus that which is voidable operates to accomplish the thing sought to be accom­plished until the fatal vice in the transaction has been judicially ascertained and declared." A common place instance of a void act or transaction in the sense of an absolute nullity is an agreement by a person under a legal disability e.g. a minor or a person of unsound mind. Such act is void ab inido and is incapable of ratification or confirmation. Law forbids the enforcement of such a transaction even if the minor were to ratify it after attaining majority. This is clearly distinguishable from a case in which a thing or an act is "relatively void" which the law condemns as wrong to the individual concerned who can avoid it by appropriate proceedings. A commonplace instance of such transaction is that which is brought about by undue influence, fraud etc. Which remains of full effect unless avoided by appropriate proceedings. Corpus Juris Secundum, Vol. 92, p. 1021 ref. (b) Contract Act (IX of 1872)---Ss. 2(9)(1) & 11 read with Public Conduct (Scrutiny) Ordinance (III of 1959), Ss. 3, 10 and Public Conduct (Scrutiny) Rules, 1959, r.2 - ­Delay-Service matters-Orders of dismissal etc. of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492