Voidability - Judgment Search Results

Cora Lillian Mcpherson Vs. Oran Leo Mcpherson

Court: Privy Council

..... was based upon the footing that the impugned decrees were voidable only and that the intervention of the court for their ..... could have been waived by the appellant and was therefore voidable only but that the decrees here involved questions of status ..... lordships judgment that the appeal fails the order absolute although originally voidable having become unassailable by the time the appellant s claim .....

Atlantic Coast Line R. Co. Vs. Florida

Court: US Supreme Court

..... less than compensatory and even page 295 u s 306 though voidable through appropriate action must be deemed to have been fixed by ..... ascribed the first order of the commission whether called void or voidable the order gave the railroad no right to collect the sums ..... may not have restitution is to say that invalid void or voidable orders of the commission have precisely the same force and effect .....

(Maddali) Visweswara Rao Vs. (Maddala) Suryarao and ors.

Court: Chennai

Reported in: AIR1936Mad440

..... transaction is void ab initio and so incapable of ratification or merely voidable further those cases were allahabad decisions and there is a difference ..... the power to sue to set aside is lost terms such as voidable and void valid or invalid may each be a little misleading ..... not now be set aside on the ground that it once was voidable 24 this difficulty of course only arises on the assumption that .....

Maddali Visweswara Rao, Being Minor by Mother and Guardian Venkatamma ...

Court: Chennai

Reported in: 163Ind.Cas.712; (1936)70MLJ360

..... transaction is void ab initio and so incapable of ratification or merely voidable further those cases were allahabad decisions and there is a difference ..... the power to sue to set aside is lost terms such as voidable and void valid or invalid may each be a little misleading ..... not now be set aside on the ground that it once was voidable 26 this difficulty of course only arises on the assumption that .....

Zeebunnissa Begum Vs. Mrs. H.B. Danagher and anr.

Court: Chennai

Reported in: 163Ind.Cas.384; (1936)70MLJ477

..... permitted to him without the sanction of the court thedease is only voidable under section 30 at the instance of any person affected by ..... upholding the objection is quite consistent with the view that it is voidable at the instance of the minor but the view of sir ..... at the option of the other party it will only be a voidable contract falling under clause i even accepting the distinction suggested by .....

A.P.N. Venkatachalam Chettiar and anr. Vs. Alagarswami Chettiar and or ...

Court: Chennai

Reported in: AIR1936Mad264; 162Ind.Cas.34

..... purchaser claiming subrogation claimed on the basis of a title which though voidable was for the time being good are distinguished on behalf of ..... 439 is one in which there was a subsisting title which was voidable but had not been avoided at the time when the prior ..... clear that a person who holds property under a title which though voidable is good for the time being is entitled to claim subrogation .....

Nemmayya Shetty Vs. Nagaraja Shetty and ors.

Court: Chennai

Reported in: AIR1935Mad1085; 158Ind.Cas.874

..... binding upon them to meet the contingency of the sale being held voidable and not void they added that they are suing within three ..... plaintiffs from the knowledge of their rights if the sale was only voidable the suit will accordingly be barred by limitation unless with reference to ..... satyanarayana 1931 mad 674 that the sale is if at all only voidable and is not a nullity 4 it only remains to deal .....

Adams Vs. Champion

Court: US Supreme Court

..... suit for appropriate relief no charge was made that the transaction was voidable for any actual fraud the suit was under 60 b of the ..... upon the process of proof and liquidation at most the security was voidable not void and the trustee up to that time had made no ..... the enforcement of such transfer would effect a preference it shall be voidable by the trustee and he may recover the property or its value .....

Raoji Bapuji Pandarkar Vs. K.L. Bawachekar

Court: Mumbai

Reported in: AIR1935Bom316; (1935)37BOMLR478; 157Ind.Cas.680

..... of presentation of the petition on the ground that it is voidable against the receiver if the transfer is not within the exceptions ..... that since section 53 of the same act makes certain transfers voidable at the instance of a receiver and liable to be annulled ..... between section 4 which does not however refer to void and voidable transfers in so many words but merely confers a very wide .....

Veerana Goundan and ors. Vs. Sellappa Goundan and ors.

Court: Chennai

Reported in: AIR1936Mad262; 162Ind.Cas.325

..... the absence of complete necessity cannot be regarded as being void ab initio but only voidable whether there was sufficient necessity or not for it is a matter that could be ..... lease of 1894 cannot be said to have been void ab initio it was only voidable and as it could not have been avoided by the person who granted it as .....