Voidability - Year 1963 - Judgments

Nov 19 1963 (SC)

Jivarajbhai Ujamshi Sheth and ors. Vs. Chintamanrao Balaji and ors.

Court: Supreme Court of India

Decided on: Nov-19-1963

Reported in: AIR1965SC214; [1964]5SCR480

..... 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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Mar 12 1963 (HC)

Bai Asmalbai W/O. Vora Mahamad Alli Vs. Esmailji Abdulali and ors.

Court: Gujarat

Decided on: Mar-12-1963

Reported in: AIR1964Guj174; (1964)0GLR678

..... for the parties to have the sale deed adjudged void or voidable but he further contendsthat although it may be necessary to have ..... under any person against whom a written instrument is void or voidable who has reasonable apprehension that such instrument if left outstanding may ..... speaking to have the sale deed set aside as void or voidable the second paragraph of section 39 says that if the instrument .....

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Jul 02 1963 (HC)

Malathy Amma and anr. Vs. Jos, Son or Kattukkaran Varu and ors.

Court: Kerala

Decided on: Jul-02-1963

Reported in: AIR1964Ker68

..... decree and the question whether the execution sale was void or voidable is immaterial for deciding the point whether the matter relates ..... discharge or satisfaction of the decree the court in adjudging the voidable character of a sale is really making a declaration on ..... agree that the judicial process involved in the cancellation of a voidable sale is identical with that involved in the declaration of .....

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Mar 20 1963 (HC)

Chandika Venkata Reddi and ors. Vs. Chandika Kondamma

Court: Andhra Pradesh

Decided on: Mar-20-1963

Reported in: AIR1963AP484

..... the appellants inter alia on the grounds that the surrender being voidable and not void ab initio it could be questioned only ..... surrender could not be treated as absolutely ineffective but it is voidable at the instance of the presumptive reversioner the learned counsel ..... could only be on the assumption that the surrender is merely voidable against the nearer reversioner and not ab initio void what .....

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Aug 19 1963 (SC)

Guramma Bhratar Chanbasappa Deshmukh and anr. Vs. Malappa

Court: Supreme Court of India

Decided on: Aug-19-1963

Reported in: AIR1964SC510; (1964)66BOMLR284; 1964MhLJ133(SC); [1964]4SCR497

..... father in excess of his powerwhen he was in embryo are voidable at his instance but in the case ofadoption it secures ..... mr naunit lal broadly contends that the alienations effected bychanbasappa were voidable only at the instance of the 4th defendant who was inthe ..... of the manager was circumscribed as aforesaidand his alienation would be voidable at the instance of the existing member orthe member who .....

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Oct 09 1963 (HC)

Ram Krishna Barman Vs. Mohan Lal Sahgal and ors.

Court: Allahabad

Decided on: Oct-09-1963

Reported in: AIR1965All10

..... relief claimed in the suit involved cancellation of or adjudging void or voidable a decree for money or other property having market value the ..... follows in suits for or involving cancellation of or adjudging void or voidable a decree for money or other property having a market value ..... in the gult does involve cancellation of or adjudging void or voidable the decree in suit no 4 of 1950 passed by the .....

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Aug 10 1963 (HC)

Narpat Raj Vs. Babulal and ors.

Court: Rajasthan

Decided on: Aug-10-1963

Reported in: AIR1964Raj92

..... was entered into between the parties was not void but was only voidable at the instance of the minor but in spite of that ..... the second place the learned judge held that as the compromise was voidable at the option of the minor the burden to successfully avoid ..... entered into without the leave of the court so recorded shall be voidable against all parties other than the minor we should further like to .....

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Jan 25 1963 (HC)

P.H. Alphonso Vs. C.F. De Costa and ors.

Court: Karnataka

Decided on: Jan-25-1963

Reported in: AIR1964Kant187; AIR1964Mys187; (1963)1MysLJ596

..... executor in contravention of the provisions contained in clause i or clause ii shall be voidable at the instance of any other person interested in the property it would be therefore ..... is made by an executor in exercise of the powers vested in him bylaw is voidable at the instance of a person interested in the property on his showing that the .....

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Oct 31 1963 (HC)

Kusampudi Sunadra Rama Raju Vs. Official Receiver, Guntur and ors.

Court: Andhra Pradesh

Decided on: Oct-31-1963

Reported in: AIR1964AP299

..... is also contended by him that any transaction entered into by the insolvent is only voidable and not void and that the official receiver not having taken any steps to avoid ..... lj 364 air 1935 mad 826 fb 25 that a transfer by an insolvent is voidable and stands till it is set aside has been laid down by their lordships of .....

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May 14 1963 (HC)

Hamid HusaIn Vs. Ram Naresh Mallah and ors.

Court: Allahabad

Decided on: May-14-1963

Reported in: AIR1965All221

..... a mortgage of an occupancy holding it was held that though such a mortgage was voidable yet the possession of such a mortgagee was a permissive possession in the case of ..... also be noted that a distinction between transferable and non transferable rights and void and voidable subleases of agricultural holdings was also maintained in the u p tenancy act and the .....

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