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Indian Contract Act, 1872

Section 27

Agreement in restraint of legal proceeding, void

Quick Answer Reference: Section 27 Contract Act

  • Provision: Section 27 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 27 of Contract Act say?

Section 27 of the Indian Contract Act, 1872, provides that every agreement by which any party 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, is void to that extent. According to this section, 'Every agreement by which any party 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, is void to that extent.' However, a contract to refer present or future differences to arbitration is not void under this section. The court in the case of Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. observed that an agreement that ousts the jurisdiction of a court is void, but an agreement that provides for arbitration is valid.

Indian StandardSection 27, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 27 (India)
Court Pleading StandardSection 27 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/27

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 27 Contract Act

What is Section 27 of Contract Act?

Section 27 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Agreement in restraint of legal proceeding, void". The section states: Section 27 of the Indian Contract Act, 1872, provides that every agreement by which any party is restricted absolutely from enforcing his rights under or in respect of any contract...

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