Voidability - Year 1962 - Judgments

Mar 01 1962 (SC)

The Fazilka Electric Supply Co. Ltd. Vs. the Commissioner of Income-ta ...

Court: Supreme Court of India

Decided on: Mar-01-1962

Reported in: AIR1963SC464; [1962]46ITR127(SC); [1962]Supp3SCR496

..... 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 .....

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Nov 22 1962 (SC)

Firm A.T.B. Mehtab Majid and Co. Vs. State of Madras and anr.

Court: Supreme Court of India

Decided on: Nov-22-1962

Reported in: AIR1963SC928; [1963]Supp2SCR435; [1963]14STC355(SC)

..... 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 .....

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Jul 05 1962 (HC)

Gowri Ammal and anr. Vs. Thulasi Ammal (Minor) and anr.

Court: Chennai

Decided on: Jul-05-1962

Reported in: AIR1962Mad510

..... of the provision for legitimacy of the children of void and voidable marriages contained in section 16 of the hindu marriage act 1955 ..... decree of nullity should be granted in regard to such a voidable marriage before legitimacy can 13 statutorily conferred on the children to ..... of void marriages in the same way as children born of voidable marriages it would have been worth while to have anticipated the .....

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Jan 10 1962 (HC)

Kishan Lal Vs. A.S. Higher Secondary School, Jahangirabad Through B. P ...

Court: Allahabad

Decided on: Jan-10-1962

Reported in: AIR1963All330

..... void neither was any decree adjudging the will as void or voidable sought nor did the relief actually sought by him depend necessarily ..... upon the will being adjudged void or voidable if he succeeded in proving the case set up by him ..... a suit for or involving cancellation of or adjudging void or voidable an instrument securing property having value such as a sale deed .....

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Oct 03 1962 (HC)

Cheria Chacko Vs. Kumaran Kesavan and ors.

Court: Kerala

Decided on: Oct-03-1962

Reported in: AIR1963Ker258

..... is only for a declaration of nullity and not for setting aside a voidable sale is no ground for holding that it is not a matter ..... and that it is only when the prayer is to set aside a voidable sale that an adjudication by court is required a prayer for a ..... so irrespective of the question as to whether the sale is void or voidable 9 the supreme court had occasion to consider the question indirectly in .....

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Dec 19 1962 (HC)

A. Basaviah Gowder by L. R. B. Krishnan Vs. Commissioner of Gift Madra ...

Court: Chennai

Decided on: Dec-19-1962

Reported in: [1963]49ITR817(Mad)

..... did not accept these contentions it stated merely because a gift is voidable or void it does not follow that gift tax is not ..... his commentary upon the gift tax act merely because a gift is voidable or void it does not follow that gift tax is not ..... transaction under the gift tax act the distinction between a void and voidable transaction is substantial in the former case the transaction is non est .....

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Dec 18 1962 (HC)

A. Kannan Chetty Vs. Commissioner of Income-tax, Madras.

Court: Chennai

Decided on: Dec-18-1962

Reported in: [1963]50ITR601(Mad)

..... by a karta or a member of a joint hindu family is voidable at the instance of the other members of that family it is ..... the transaction or not the very fact that a transaction is only voidable sufficiently establishes that it is valid for all purposes till it is ..... transaction in so far as these properties are concerned is not only voidable but void ab initio the position then would be that to the .....

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Apr 27 1962 (SC)

Dokku Bhushayya Vs. Katragadda Ramakrishnayya

Court: Supreme Court of India

Decided on: Apr-27-1962

Reported in: AIR1962SC1886; [1963]2SCR499

..... in this appeal is whether the order of august 12 1932 is voidable under o 32 r 7 of the code of civil procedure 1908 ..... or compromise entered into without the leave of the court shall be voidable against all parties other than minor 4 order 32 r 7 of ..... compromise entered into without the leave of the court so recorded shall be voidable against all parties other than the minor 18 in madras there is .....

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Oct 25 1962 (HC)

Smt. Naumi Vs. Narotam and anr.

Court: Himachal Pradesh

Decided on: Oct-25-1962

Reported in: AIR1963HP15

..... which any marriage solemnized whether before or after the commencement of the act shall be voidable have been enumerated in section 12 of the act and a contravention of clause iii ..... joint committee would indicate that a marriage solemnized after the commencement of the act was voidable inter alia on the ground that the marriage contravened condition specified in clause iii of .....

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May 04 1962 (HC)

G. Abdul Rahim Sahib Vs. Zeenath Bi (Died) and ors.

Court: Chennai

Decided on: May-04-1962

Reported in: AIR1963Mad186

..... law relating to minors says a minor can accept a gift but his acceptance is voidable under mahomedan law there can be no valid gift without an actual change of possession .....

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