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Section 28 - Agreements in restraint of legal proceedings void : Indian Contract Act 1872

 

Is Agreements in restraint of legal proceedings void? Section 28 of Indian Contract Act 1872

Section 28 of Indian Contract Act 1872 : "Agreements in restraint of legal proceedings void"

Agreements in restraint of legal proceedings void.

28 . Every agreement,-

(a) by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or

(b) which extinguishes the rights of any party thereto, or discharges any party thereto from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to that extent.

Saving of contract to refer to arbitration dispute that may arise.-Exception 1.-This section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.

Saving of contract to refer questions that have already arisen.-Exception 2.-Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration.

Saving of a guarantee agreement of a bank or a financial institution.-Exception 3.-This section shall not render illegal a contract in writing by which any bank or financial institution stipulate a term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or non-occurring of a specified event for extinguishment or discharge of such party from the said liability.

Explanation.-

(i) In Exception 3, the expression "bank" means-

(a) a "banking company" as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

(b) "a corresponding new bank" as defined in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

(c) "State Bank of India" constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955);

(d) "a subsidiary bank" as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(e) "a Regional Rural Bank" established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976);

(f) "a Co-operative Bank" as defined in clause (cci) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

(g) "a multi-State co-operative bank" as defined in clause (cciiia) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); and

(ii) In Exception 3, the expression "a financial institution" means any Public financial institution within the meaning of section 4A of the Companies Act, 1956 (1 of 1956).

 

INDIAN CONTRACT ACT 1872

Section 21 - Effect of mistakes as to law

Section 22 - Contract caused by mistake of one party as to matter of fact

Section 23 - What considerations and objects are lawful and what not

Section 24 - Agreements void, if considerations and objects unlawful in part

Section 25 - Agreement void, if made without consideration

 

 

Section 26 - Agreement in restraint of marriage void

Section 27 - Agreement in restraint of trade void

Section 28 - Agreements in restraint of legal proceedings void

Section 29 - Agreements void for uncertainty

Section 30 - Agreements by way of wager void

 

 

CHAPTER III CONTINGENT CONTRACTS

Section 31 - Contingent contract defined

Section 32 - Enforcement of contracts contingent on an event happening

Section 33 - Enforcement of contracts contingent on an event not happening

Section 34 - When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

Section 35 - When contracts become void which are contingent on happening of specified event within fixed time

 

 

Section 36 - Agreements contingent on impossible events void

CHAPTER IV THE PERFORMANCE OF CONTRACTS

Section 37 - Obligation of parties to contracts

Section 38 - Effect of refusal to accept offer of performance

Section 39 - Effect of refusal of party to perform promise wholly

By whom contracts must be performed

Section 40 - Person by whom promise is to be performed

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