Voidability - Year 1930 - Judgments

Mar 12 1930 (PC)

Bechu Vs. Bhabuti Prasad and ors.

Court: Allahabad

Decided on: Mar-12-1930

Reported in: AIR1931All201

..... differed from that view and held that the mortgage being voidable at the option of the plaintiff respondent the defendant appellant ..... respondent should restore such benefits as he received under the voidable contract viz the mortgage in question it is said the ..... language of section 64 it provides that the party rescinding a voidable contract shall if he received any benefit thereunder from another .....

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Nov 10 1930 (PC)

Niaz Ahmad Khan and anr. Vs. Parsottam Chandra and anr.

Court: Allahabad

Decided on: Nov-10-1930

Reported in: AIR1931All154; 129Ind.Cas.545

..... is fraudulent in the same way does not make the contract voidable if the other party had the means of discovering the truth with ..... vitiated by fraud or misrepresentation to the mortgagors it would become voidable at the option of the mortgagors fraud is defined in section ..... an agreement caused by fraud or misrepresentation makes the contract voidable but there is an exception to the section which is in .....

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Nov 26 1930 (PC)

Mt. Saidunnisa Vs. Mt. Ruqya and ors.

Court: Allahabad

Decided on: Nov-26-1930

Reported in: AIR1931All307

..... power to transfer his property and such a transfer is not only voidable but void imambandi v mutsaddi a i r 1918 p c 11 ..... prepared to accede to this contention the decree is at most only voidable on account of the irregularity in the omission to appoint a proper ..... guardian such a voidable decree can be set aside by the minor provided she comes within .....

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Mar 07 1930 (PC)

Nagendra Nath Ghose Vs. Mohini Mohan Bose and ors.

Court: Kolkata

Decided on: Mar-07-1930

Reported in: AIR1931Cal131

..... district judge the defence is that the defendants kabala was only voidable and that the suit is barred by limitation the trial court ..... plaintiff s kabala was genuine but that the defendants kabala was voidable and the suit was barred under article 91 lim act on ..... by a guardian in contravention of the previous two sections is voidable at the instance of any other person affected thereby it was .....

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Feb 10 1930 (PC)

Phagoo Murao Vs. Tulshi Ram Tewari and anr.

Court: Allahabad

Decided on: Feb-10-1930

Reported in: AIR1930All438

..... the transfer from ram bharosa to nankoo was under section 53 t p act a voidable transaction at the option of the defendants in this case they have however never exercised ..... transaction latter on in his judgment where he says the gift to nankoo was thus voidable at defendants option and was fictitious it does not follow at all from his reasoning .....

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Feb 06 1930 (PC)

Bismillah Begam and ors. Vs. TahsIn Ali Khan

Court: Allahabad

Decided on: Feb-06-1930

Reported in: AIR1930All462

..... wakf of a person involved in debt is not ipso facto void it is only voidable if he acts fraudulently to defeat his creditors 11 it seems to us in the ..... creditors would without doubt be not only delayed but also defeated the document is therefore voidable under section 53 t p act as against defendants 1 to 3 holding that the .....

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Feb 14 1930 (PC)

Nanduri Saradamba Vs. Parakala Pattabhiramayya

Court: Chennai

Decided on: Feb-14-1930

Reported in: AIR1931Mad207; (1931)60MLJ13

..... that in each of these cases the plaintiff acted under colour of a sale deed voidable no doubt but apparently supported by consideration and occupied a position quite other than that ..... the purpose of preserving the property he distinguishes between a person holding under a title voidable or defeasible and a volunteer who knows that his so called title is a mere .....

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Mar 28 1930 (PC)

T.R. Appaswami Aiyangar Vs. Narayanaswami Aiyar and ors.

Court: Chennai

Decided on: Mar-28-1930

Reported in: (1931)60MLJ117

..... relief act runs as follows any person against whom a written instrument is void or voidable who has reasonable apprehension that such instrument if left outstanding may cause him serious injury ..... may sue to have it adjudged void or voidable and the court may in its discretion so adjudge it and order it to be .....

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Mar 28 1930 (PC)

T.R. Appasami Ayyangar Vs. Narayanaswami Iyer and ors.

Court: Chennai

Decided on: Mar-28-1930

Reported in: AIR1930Mad945; 129Ind.Cas.51

..... relief act runs as follows any person against whom a written instrument is void or voidable who has reasonable apprehension that such instrument if left outstanding may cause him serious injury ..... may sue to have it adjudged void or voidable and the court may in its discretion so adjudge it and order it to be .....

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Jul 14 1930 (PC)

Dhanapati Daw and ors. Vs. Babu Ballav Daw

Court: Kolkata

Decided on: Jul-14-1930

Reported in: AIR1931Cal244

..... the transferor and the transferee and all persons claiming through them that the transfer was voidable only at the option of the landlord according to the learned judge if such was ..... bound by a transfer of the holding made by a will and such transfer was voidable only at the option of the landlord 7 in the view we have taken of .....

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