Voidability - Judgment Search Results

Nirode Kali Roy Choudhury and anr. Vs. Rai Harendra Nath Choudhury and ...

Court: Kolkata

Reported in: AIR1938Cal113

..... article contemplates applications for setting aside sales which are not void but voidable the appellants in this case do not want the sale to be ..... set aside on the ground that it is voidable their case is that the property was not liable to be attached ..... has pointed out must be confined to oases where the sale is voidable only and not void and when the execution sale is a nullity .....

B. Durga Prasad Seth and anr. Vs. Om Prakash and ors.

Court: Allahabad

Reported in: AIR1938All39

..... to defraud the creditors in that case the lease will be voidable at the option of the creditors or of the official receiver ..... plaintiffs to treat the lease as a nullity altogether it is certainly voidable but not void the learned counsel has also cited a ruling ..... her alienation is not therefore absolutely void but it is prima facie voidable at the election of the reversionary heir he may think fit .....

Shrimal Kasturchand Marwadi Vs. Hiralal Hansraj Marwadi

Court: Mumbai

Reported in: AIR1938Bom289; (1938)40BOMLR371

..... of a debt due to the latter the case is one of preference and not voidable under the section in mina kumari bibi v bijoy singh dudhuria the facts were that ..... part satisfaction of a debt due to her it was held that it was not voidable under the section for a debtor may pay his debts in any order he chooses .....

Forman Ali Miji and ors. Vs. Uzir Ali Shek and ors.

Court: Kolkata

Reported in: AIR1938Cal157

..... the gift was invalid according to hindu law and even apart from that it was voidable as being brought about by undue influence he held that there was nothing to show ..... strictly in accordance with modern notions of jurisprudence and there is no distinction made between voidable and void transactions as the expression used is adatta or not given the conception undoubtedly .....

A.V. Palanivelu Mudaliar Vs. Neelavathi Ammal and Another

Court: Privy Council

Reported in: AIR1937PC50

..... when consent to an agreement is caused by undue influence the agreement is a contract voidable at the option of the party whose consent was so caused it will be observed ..... that the contract is not void but merely voidable and it is binding upon defendant 1 whose consent was not caused by undue influence .....

A.V. Palanivelu Mudaliar Vs. Neelavathi Ammal

Court: Mumbai

Reported in: (1937)39BOMLR720

..... when consent to an agreement is caused by undue influence the agreement is a contract voidable at the option of the party whose consent was so caused it will be observed ..... that the contract is not void but merely voidable and it is binding upon the first defendant whose consent was not caused by undue .....

Mrs. Evelyn Popaly Vs. Official Assignee of Madras

Court: Chennai

Reported in: 172Ind.Cas.346

..... four months before the order of adjudication though under circumstances which might render the transfer voidable under section 55 presideny towns insolvency act and it was held not to be ..... insolvent on which proceedings might be taken for the purpose of impeaching transactions which are voidable under the sections of the act relating to voluntary transfers fraudulent preferences and cognate matters .....

Udai Pal Singh Vs. Pyare and ors.

Court: Allahabad

Reported in: AIR1938All109

..... mortgage the permission being imperative under the section the absence of permission renders the mortgage voidable and the minor can plead in the present suit that it should be treated as .....

Ali ZamIn Vs. Akbar Ali Khan and Others

Court: Privy Council

..... wakfnama was a transfer executed with the intention to defeat and delay creditors and thus voidable under s 53 t p act or the well known principles therein embodied in fact .....

Mahant Har Kishen Das Vs. Satgur Prasad

Court: Privy Council

..... the cash and war bonds obtained by the respondent from narain das under the agreement voidable and in due course avoided of 25th november 1921 are not shown or alleged to .....