Voidability - Year 1951 - Judgments

May 08 1951 (SC)

Mummareddi Nagi Reddi and ors. Vs. Pitti Durairaja Naidu and ors.

Court: Supreme Court of India

Decided on: May-08-1951

Reported in: AIR1952SC109; (1952)IMLJ746(SC); [1951]2SCR655

..... committee that an alienation by the widow was not void but voidable and the reversioner might elect to assent to it and ..... at all the alienation though not absolutely void is prima facie voidable at the election of the reversionary heir he may if he ..... illustrations where mesne profits were allowed in transactions which were only voidable we think further that there is a difference between the alienee .....

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Jan 25 1951 (HC)

Harbans Singh Chauhan Vs. Bawa Singh Chauhan and ors.

Court: Kolkata

Decided on: Jan-25-1951

Reported in: AIR1952Cal73

..... or compromise fraud undue influence or coercion makes a contract voidable not void the question arises whether in an application under ..... misrepresentation or fraud under section 19a contract act was merely voidable not absolutely illegal or unlawful as was necessary if it was ..... nature are not unlawful may therefore include agreements which are voidable at the option of one of the parties thereto because .....

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Nov 20 1951 (HC)

Mahipal Singh Vs. Bhagwan Din

Court: Allahabad

Decided on: Nov-20-1951

Reported in: AIR1953All216

..... case they have actedupon the distinction drawn in section 44 betweenvoid and voidable transfers and they havecome to the conclusion that since the sub ..... granted it 9 section 43 does not deal either with void or voidable or illegal transfers or sub leases by reason of that section ..... of section 43 even though such a lease may only be voidable 10 thus having regard to the provisions of section 43 u .....

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Dec 06 1951 (HC)

M. Gopalakrishna Menon Vs. K.P. Vellakutty

Court: Chennai

Decided on: Dec-06-1951

Reported in: AIR1953Mad399; (1952)2MLJ34

..... should be a valid one accordingly a lease which is void or voidable or which does not pass interest according to the contract of ..... kerala varma valia raja 15 mad 163 the alienations there were also voidable in the sense that it was open to the reversioner in ..... them as invalid the real principle is not whether a transaction is voidable or void but whether it conveyed any interest according to the .....

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Jul 17 1951 (HC)

Sagwa Vs. Dalwa and ors.

Court: Allahabad

Decided on: Jul-17-1951

Reported in: AIR1952All97

..... agreement or compromise entered into without the leave of the court so recorded shall be voidable against all parties other than the minor the provisions of this rule are mandatory since ..... 46 all 575 at p 590 lindsay j did observe that a decree which is voidable can only be set aside by regular suit or by bringing an application for review .....

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May 12 1951 (HC)

Municipal Board Gonda Through Its Chairman Vs. Bachchu

Court: Allahabad

Decided on: May-12-1951

Reported in: AIR1951All736

..... the parties thereto but not at the option of the other or others is a voidable contract section 2 i a contract which ceases to be enforceable by law becomes void ..... j therefore section 65 applies to agreements which are ab initio void as also to voidable contracts which subsequently become void see harnath kuar v inder bahadur 50 i a 69 .....

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Jul 16 1951 (HC)

Purna Chandra Singha Vs. Sarojendra Kumar Dutta

Court: Kolkata

Decided on: Jul-16-1951

Reported in: AIR1953Cal251,56CWN740

..... that title has passed but the document under which the title has passed is a voidable one it is not open to a party to say that the provisions of section ..... the action is brought to set aside a conveyance on the ground that it was voidable under statute 13 elizabeth chap 5 it should be by a creditor or creditors on .....

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Feb 22 1951 (HC)

Mahadeo Lal Agarwala and anr. Vs. the New Darjeeling Union Tea Co. Ltd ...

Court: Kolkata

Decided on: Feb-22-1951

Reported in: AIR1952Cal58,55CWN408

..... the omission to serve the notice under order 21 rule 22 ma kes the sale voidable and not void and even if it is void it is void to the extent ..... rule 22 c p code upon the heirs of isfaque rendered the sale void or voidable the decision of the judicial committee in raghunath das v sundar das 41 ind app .....

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May 04 1951 (SC)

Bishundeo NaraIn and anr. Vs. Seogeni Rai and Jagernath

Court: Supreme Court of India

Decided on: May-04-1951

Reported in: AIR1951SC280; [1951]2SCR548

..... not make the reference and the award and the decree nullities it only made them voidable at the minor s option that in our opinion is no authority for the contention ..... the resultant agreement or compromise is not to be held a nullity it is only voidable therefore it is good unless the minor chooses to avoid it it follows that a .....

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Jan 22 1951 (HC)

State Vs. Kalu S/O Girdhari and anr.

Court: Madhya Pradesh

Decided on: Jan-22-1951

Reported in: 1952CriLJ887

..... one passed without jurisdiction in re tadi somu naidu 47 mad 428 or is only voidable at the option of the appellant in chandrika v rex 1949 dlr all lb 175 .....

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