Topic

Void Agreement

2 articlesLatest April 2026
Section 113 H.P. Tenancy Act | Statutory Prohibition Bars Specific Performance but Mandates Earnest Money Refund with Interest : Himachal Pradesh HC
Case Law Analysis
|Himachal Pradesh High Court

Section 113 H.P. Tenancy Act | Statutory Prohibition Bars Specific Performance but Mandates Earnest Money Refund with Interest : Himachal Pradesh HC

Himachal Pradesh High Court holds that an agreement to sell land within the 10-year prohibition period under Section 113 of the H.P. Tenancy Act is void and cannot be specifically enforced. However, the court directs a refund of Rs. 8,00,000 earnest money with 6% interest, reinforcing equitable relief where statutory bars prevent contractual enforcement.

Section 23 Indian Contract Act | Void Agreement for Housing Board Property Sale Violating Statutory Restrictions Bars Specific Performance : Madras HC
Case Law Analysis
|Madras High Court

Section 23 Indian Contract Act | Void Agreement for Housing Board Property Sale Violating Statutory Restrictions Bars Specific Performance : Madras HC

Madras High Court rules that agreements for sale of Housing Board properties violating statutory transfer restrictions are void ab initio under Section 23 of the Indian Contract Act, denying specific performance and requiring strict documentary proof for refund claims. The judgment reinforces that statutory compliance in public housing schemes overrides private contractual rights.