Voidability - Judgment Search Results

Rose Fernandez Vs. Joseph Gonsalves

Court: Mumbai

Reported in: AIR1925Bom97; (1924)26BOMLR1035; 85Ind.Cas.587

..... of minors at that date were held under common law to be voidable and not void that is to say the minor could enforce performance ..... even today in england contracts for marriage made by a minor are voidable and not void in india up to the decision of the privy ..... although with some conflict it was held that the contracts of minors were voidable if that had been the state of law there would have been .....

Rose Fernandes Vs. Joseph Gonsalves

Court: Mumbai

Reported in: (1924)ILR48Bom673

..... of minors at that date were held under common law to be voidable and not void that is to say the minor could enforce performance ..... even today in england contracts for marriage made by a minor are voidable and not void in india up to the decision of the privy ..... although with some conflict it was held that the contracts of minors were voidable if that had been the state of law there would have been .....

Boroda Prosad Roy Choudhri Vs. Foijuddi Halder and ors.

Court: Kolkata

Reported in: 83Ind.Cas.384

..... that the interest of the applicants in the holdings is not voidable on the sale and therefore they were not entitled to make ..... purchaser of a non transferable holding is an interest which is voidable on the sale the contention that was raised on behalf of ..... interest is extinguished on the sale and cannot therefore be described as voidable on the sale this contention was overruled as it was held .....

Barada Prosad Roy Chaudhury Vs. Foijuddi Halder and anr.

Court: Kolkata

Reported in: AIR1924Cal1005

..... that the interest of the applicants in the holding is not voidable on the sale and therefore they wore not entitled to make ..... purchaser of a non transferable holding is an interest which is voidable on the sale the contention that was raised on behali of ..... interest is extinguished on the sale and cannot therefore be described as voidable on the sale this contention was overruled as it was held .....

Taubel-scott-kitzmiller Co., Inc. Vs. Fox

Court: US Supreme Court

..... e of 67 where the lien was created in pais it is voidable if it was made within the four months with the intent to ..... is void as to creditors under subdivision b of 60 the lien is voidable whether it was created in pais or through legal proceedings if it ..... of 70 a lien however created although not within the four months is voidable by the trustee if any creditor of the bankrupt might have avoided .....

Srinivasa Aiyangar Vs. Vellayan Ambalam

Court: Chennai

Reported in: AIR1925Mad338; 85Ind.Cas.349; (1924)47MLJ913

..... of the suit property made while the attachment was pending is only voidable at the option of the plaintiff that the present suit cannot ..... vakil for the appellant to show that such alienations are only voidable do not really support his argument and can all be explained ..... void in section 36 of the provincial insolvency act means only voidable cannot in my opinion be relied upon in support of the .....

Ramakkal Vs. Govindanayakanpalaiyam Thirumal Paripalana Nidhi Ltd. by ...

Court: Chennai

Reported in: AIR1925Mad1107; 85Ind.Cas.574

..... the present plaintiff therein contended that the sale was fraudulent and voidable under section 53 of the transfer of property act on appeal ..... 5 it was contended that since the sale ex hypothesi fraudulent was voidable by plaintiff his avoidance is sufficient in law to destroy 1st ..... was even so in fraud of creditors and therefore voidable 7 i am not prepared to interfere and dismiss this appeal with .....

Srimati Taru Bala Dassi Vs. Sourendra Nath Mitra and ors.

Court: Kolkata

Reported in: AIR1925Cal866

..... that on the terms of sub rule 2 rule 7 order 32 the agreement is voidable by the defendant as against the adult plaintiffs as it provides that such agreement shall ..... be voidable against all parties other than the minor i cannot accept this argument as it seems .....

Brojendra Nath Mukerjee Vs. Jadunath Palta and ors.

Court: Kolkata

Reported in: AIR1925Cal293

..... 3 or not the sale under that section is not necessarily void but is only voidable and it is in the discretion of the court to determine whether the sale should ..... 173 3 it is the subordinate judge alone who will decide whether the sale is voidable under section 173 3 or not and in his discretion he decided not to do .....

Niranka Chandra Vs. Atul Krishna Ghose and ors.

Court: Kolkata

Reported in: AIR1925Cal67,83Ind.Cas.110

..... as the sale was not set aside it must be taken that it was only voidable see gobinda chandra pal v dwarkanath pal 1906 33 cal 666 the sale has been ..... confirmed and the question whether it was void or voidable does not arise and does not affect the claim for the surplus sale proceeds 26 .....