Voidability - Judgment Search Results

Kasi Viswanathan Chetty Vs. A.S.P.L.S. Somasundaram Chetty and ors.

Court: Chennai

Reported in: (1922)ILR65Mad875

..... omission of court to record reasons for not issuing notice sale validity of void or voidable jurisdiction of court to execute decree material irregularity or illegality affecting jurisdiction of court proof .....

Subba Goundan and anr. Vs. Krishnamachari and ors.

Court: Chennai

Reported in: (1922)ILR65Mad449

..... for partition declaration of vendee s interest mesne profits from what date sale void or voidable and capable of ratification civil procedure code v of 1908 order xx rule 12 remand by appellate .....

Sarat Chunder Gupta Vs. Kanai Lal Chuckerbutty and anr.

Court: Kolkata

Reported in: AIR1921Cal786,70Ind.Cas.525

..... to the money it is not a case where the contract is voidable in which case the court would have to make a declaration ..... other ground 7 the courts however draw a distinction between void and voidable instruments and hold that article 91 does not apply to instruments ..... initio so as not to require setting aside when the instrument is voidable it is presumably valid and binding on the plaintiff until it .....

Jnanendra Nath Singha Roy and ors. Vs. Srimati Bhuboneswari Debi

Court: Kolkata

Reported in: AIR1921Cal350,63Ind.Cas.1004

..... a tenure or holding advertised for sale under this chapter an interest which would be voidable upon the sale pays into court the amount requisite to prevent the sale he shall ..... the sepatnidars would have been swept away by the operation of law as an interest voidable upon a sale held under chapter xiv of the bengal tenancy act they were consequently .....

Yazoo and Mississippi Valley R. Co. Vs. Clarksdale

Court: US Supreme Court

..... at the very place designated and a sale made at any other place is not voidable merely but absolutely null and void the place of sale is the very essence of ..... 289 vol 2 says of these cases that although a view that such sales were voidable only would be reasonable the weight of authority sustains them with respect to goods and .....

S.N. Ragunathaswamy Iyengar and ors. Vs. S. Gopau Rao and ors.

Court: Chennai

Reported in: (1921)41MLJ547

..... the legal representatives of the judgment debtor on the record will only make the sale voidable and as it had not been set aside within thirty days of the sale article ..... order for sale against the judgment debtor when living is not a nullity but only voidable as contended by the appellants any attempt to set aside the sale must be made .....

Gurudas Biswas Vs. Srimati Thakamani Dasi and ors.

Court: Kolkata

Reported in: 64Ind.Cas.476

..... if a proper proceeding is taken in that behalf in other words that it is voidable see livinia ashton v madhabmoni 5 ind cas 390 11 c l j 489 at ..... notice as required by the rule is not a mere irregularity which makes the proceeding voidable but is a defect which goes to the root of the proceeding and renders it .....

Akshoy Rumar Saha and ors. Vs. Brojendra Chandra Dutta and anr.ors.

Court: Kolkata

Reported in: 62Ind.Cas.674

..... larger term than of a year or three years respectively it is not void bat voidable and secondly that where it is necessary for the purposes of the wakf the court ..... mutwalli for a longer term than one year or three years is not void but voidable the learned author relied upon a passage in baillie s digest that passage ho waver .....

Ram Chand Alias Ratan Singh Vs. Mathura Chand and anr.

Court: Allahabad

Reported in: AIR1921All298; 60Ind.Cas.896

..... judgment debtor the court of execution found the deed of transfer to be void or voidable at the instance of the decree holder the attachment was upheld the third party then ..... appointed for a minor was executed without the permission of the court the mortgage was voidable at the instance of the minor the decision proceeds that it is not necessary for .....

Fani Bhushan Bhuian Vs. Surendra Nath Das, Minor by His Brother in Law ...

Court: Kolkata

Reported in: AIR1921Cal476,64Ind.Cas.25

..... repeat of the execution proceedings an irregularity which made the sale not void but merely voidable 5 the learned district judge however on the appeal preferred by surendra nath was of .....