Voidability - Judgment Search Results

The Chartered Bank, Bombay Vs. the Chartered Bank Employees' Union

Court: Supreme Court of India

Reported in: AIR1960SC919; [1960(1)FLR34]; (1960)IILLJ222SC; [1960]3SCR441

..... s b sinha dr m k sharma jj setting aside of void voidable decree bar of limitation against applicability of held if an order decree ..... of limitation the remedy would be barred if an order is void or voidable the same must be set aside thus the compromise consent decree which ..... based thereupon must be set aside the compromise may be void or voidable but it is required to be set aside by filing a suit .....

Commissioner of Agricultural Income-tax, West Bengal Vs. Jagadish Chan ...

Court: Kolkata

Reported in: AIR1960Cal546,64CWN876

..... income the tribunal rejected this contention and held that the gift is voidable and not void ab initio and that it can well be validated ..... years of the date when he attains majority the sale is only voidable and is not void see gnana sambanda pandara sannadhi v velu ..... noticed there is authority for the view that such a gift is voidable at the instance of the other coparceners and is validated by their .....

Sanat Kumar Mitra Vs. Hem Chandra Dey and ors.

Court: Kolkata

Reported in: AIR1961Cal411

..... mr mitter contended that article 134 a only applies to voidable transactions and not to transactions void ab initio he relied ..... clearly indicates that the article was intended to apply only to voidable transactions and not to transactions void ab initio the article ..... given a very generous meaning to cover not merely cases of voidable transactions but to void transactions as well effected by the .....

Ajit K. Saha Vs. Nagendra N. Saha and anr.

Court: Kolkata

Reported in: AIR1960Cal484

..... this suit on the ground that it is wholly illegal and voidable under section 307 of the indian succession act so also the ..... estate of her husband both the sales are contended to be voidable under section 307 of the indian succession act the structures sold ..... a transfer by an administrator in contravention of this provision is voidable at the instance of any other person interested in the instant .....

Lakshmanan Chettiar Vs. Marudan Chettiar and anr.

Court: Chennai

Reported in: AIR1962Mad150; (1962)1MLJ332

..... that was a case where a who had title to certain immoveable property voidable at the option of c sold it to b and put b in ..... inclined to think that the sale was not necessarily void but was only voidable if objection were taken to it by the other members of the joint ..... in possession of the property b where the sale is only voidable on the objection of third parties and possession is taken under the .....

Govinda Jiew Thakur and anr. Vs. Surendra Jena and ors.

Court: Orissa

Reported in: AIR1961Ori102

..... we have indicated above the transfers can be avoided or are voidable when the transfers are made in excess of the powers of ..... of endowed property the question whether the transaction is void or voidable would depend upon the fact whether the shebait or the manager ..... can on behalf of the deity avoid the alienations which are voidable it is clear therefore that the present suit by the plaintiffs .....

Harcharan Singh Vs. Isher Singh and ors.

Court: Punjab and Haryana

Reported in: AIR1961P& H55

..... said that the will of harnama was not wholly void but only voidable at the instance of nand singh and nand singh never had ..... it set aside by court the nature of a voidable transaction was explained by a division bench of the calcutta high ..... although such an alienation is not absolutely void and is prima facie voidable at the election of the reversionary heirs there is in fact nothing .....

Polites Vs. United States

Court: US Supreme Court

..... federal rules of civil procedure to vacate the judgment on the ground that it was voidable under this court s subsequent decisions in nowak v united states 356 u s 660 ..... united states 356 u s 670 it now appears that the judgment of cancellation is voidable and that it is no longer equitable that said judgment should have prospective application in .....

Jampala Pakeeraiah and anr. Vs. Katuru Venkateswararao and ors.

Court: Andhra Pradesh

Reported in: AIR1960AP566

..... the sale hy the manager of the family is not prima facie void but only voidable at the instance of the other members of the family the plaintiff is not entitled ..... 815 air 1924 mad 81 which lay down in general terms that in respect of voidable transactions there is no right to claim mesne profits prior to the date of suit .....

Ratha Harijan Vs. Narasingha Rana and ors.

Court: Orissa

Reported in: AIR1961Ori22

..... judgment is reversible by the appellate court within a certain fixed time and is therefore voidable whereas the usurpation of power is a mere nullity the jurisdiction of the court to ..... by the party prejudicially affected by it an irregular attachment would thus amount to a voidable act but in no case would it be a nullity the court s act of .....