Voidability - Judgment Search Results

Shri Ambalal M. Shah and anr. Vs. Hathisingh Manufacturing Co. Ltd.

Court: Supreme Court of India

Reported in: AIR1962SC588; [1961(3)FLR436]; (1962)0GLR43; (1961)IILLJ678SC; [1962]3SCR171

..... 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 .....

L. Janakirama Iyer and ors. Vs. P.M. Nilakanta Iyer and ors.

Court: Supreme Court of India

Reported in: AIR1962SC633; [1962]Supp1SCR206

..... order based on the compromise is void and a nullity but if it is only voidable or erroneous it could be avoided only by way of appeal review or revision or .....

Kaushalya Devi and ors. Vs. Baijnath Sayal and ors.

Court: Supreme Court of India

Reported in: AIR1961SC790; [1961]3SCR769

..... entered into without the leave of the court so recorded shall be voidable against all parties other than the minor mr jha reads this provision ..... as meaning that the impugned agreement is voidable against the parties to it who are major and is void in ..... minor and not at the instance of any other party it is voidable against the parties that are major but not against a minor .....

Commissioner of Income-tax, West Bengal Vs. Khetan and Co.

Court: Kolkata

Reported in: [1962]45ITR170(Cal)

..... was that because under the english law a minors contract was only voidable at his opinion a minors contract even under the indian contract act ..... assessee was a minor was not void ab initio but was merely voidable at the option of the minor on attainment of majority on the ..... the incapacity of minor to contract and is not void but only voidable until it is shown that the guardian in this case was acting .....

Ram Katori and anr. Vs. Chamanlal and ors.

Court: Allahabad

Reported in: AIR1962All268

..... in suits for or involving cancellation of or adjudging void or voidable a decree for money or other property having a market value ..... arc suits known as suits for cancellation or adjudging void or voidable of an instrument or decree the other class consists of those ..... latter class of cases no relief for cancellation or adjudging void or voidable is prayed for the court is however required to go into .....

Still Vs. Norfolk and Western Ry. Co.

Court: US Supreme Court

..... rule is that fraud of this character renders a contract voidable rather than void but that rule has been ignored in the ..... was despite these misrepresentations a contract of employment even though voidable by which the relation of master and servant or employer and ..... to public policy that the normal distinction between void and voidable contracts was to be ignored footnote 9 the mere existence of .....

Mohammad Khan Vs. Suratsingh

Court: Madhya Pradesh

Reported in: AIR1963MP137; 1962MPLJ185

..... has to be noted that that was a case in which the sale was voidable at the option of a co sharer such a sale is valid so long ..... been placed in possession of the property b where the sale is voidable on the objection of third parties and possession is taken under the ..... voidable sale and c where though the title is known to be imperfect .....

Daji Krishnaji Desai Tambulkar Vs. Ganesh Vishnu Kulkarni and ors.

Court: Supreme Court of India

Reported in: AIR1961SC1564; [1962]1SCR905

..... not necessary to determine the question whether the sale was absolutely void or voidable as held by the court below as neither of the two sales has ..... by a permanent tenant without the consent of the khot be void or voidable if such a transfer is void the sale in favour of the ..... did not convey and title to him if such a sale was merely voidable at the instance of the khot the first sale in favour of .....

T.V.R. Subbu Chetty's Family Charities Vs. M. Raghava Mudaliar and Ors ...

Court: Supreme Court of India

Reported in: [1961]3SCR624

..... knowledge of his rights assents to a transaction which may otherwise be voidable at his instance and takes benefits under it he is subsequently ..... widow in exercise of her powers is not altogether void but only voidable by the reversioners who may either singly or as a body ..... of his rights has once elected to assent to a transaction voidable at his instance and has thus elected not to exercise his .....

Nanik Lal Karmarkar Vs. Shankar Lal Shah and anr.

Court: Kolkata

Reported in: AIR1962Cal103

..... the contract or so much of it as has not been performed becomes voidable at the option of the promisee if the intention of the parties ..... be of the essence of the contract the contract does not become voidable by the failure to do such thing at or before the specified ..... contract or so much of it as has not been performed becomes voidable at the option of the promisee if the intention of the parties .....