Voidability - Year 1979 - Judgments

Sep 06 1979 (SC)

R. Narayanan Vs. S. Semmalai and ors.

Court: Supreme Court of India

Decided on: Sep-06-1979

Reported in: AIR1980SC206; 1972LabIC618; (1980)2SCC537; [1980]1SCR571

..... 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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Feb 26 1979 (HC)

Gopala Pillai Vs. the State Bank of Travancore and anr.

Court: Kerala

Decided on: Feb-26-1979

Reported in: AIR1979Ker224

..... 61 fb this court referred to the distinction between void and voidable this court observed void in common parlance denotesan empty space ..... efficacy agreements are of three kinds being either valid void or voidable a valid agreement is one which is fully operative in ..... have acquired rights tinder the transaction unlike a void agreement a voidable agreement is not nullity it is at once void for certain .....

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Apr 23 1979 (HC)

Mrs. Rose Simpson Vs. Binimoy Biswas

Court: Kolkata

Decided on: Apr-23-1979

Reported in: AIR1980Cal214

..... matrimonial causes act 1973 restating additional grounds for a decree of nullity in respect of voidable marriages celebrated before 1st august 1971 is to be construed as validating any marriage ..... to and canonical disabilities such as consanguinity affinity and certain corporal infirmities make a marriage voidable whereas civil disabilities such as prior marriage want of age idioacy and the like make .....

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Sep 26 1979 (HC)

indo-marine Agencies (Kerala) Pvt. Ltd. Vs. Sales Tax Officer and 3 or ...

Court: Kerala

Decided on: Sep-26-1979

Reported in: [1980]45STC163(Ker)

..... by an error on the face of the record is only voidable see anisminic ltd v foreign compensation commission 1969 2 a c ..... is deprived of all legal effect right from its inception whereas a voidable order remains valid even when it is quashed for the period ..... jurisdiction which is the criterion for distinguishing a void order from a voidable order is so fine that it has reached almost the vanishing .....

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Mar 01 1979 (HC)

Bajirao Raghoba Tambre Vs. Tolanbai (Miss) D/O Bhagwan Toge and anr.

Court: Mumbai

Decided on: Mar-01-1979

Reported in: 1980CriLJ473

..... that the legislature has made a clear distinction between void and voidable marriages is seen from the various proceedings contemplated by the ..... and v of section 5 section 12 postulates that certain marriages voidable under sub section 1 of section 12 any marriage solemnized ..... by a decree the marriage continues to be valid being a voidable marriage a party to the marriage must exercise its option .....

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Aug 10 1979 (HC)

Mohinder Kaur Vs. Bikkar Singh

Court: Punjab and Haryana

Decided on: Aug-10-1979

Reported in: AIR1979P& H248

..... counsel for the appellant s 12 of the act deals with voidable marriages sub section 1 provides that a marriage where the consent ..... or as to material fact or circumstance concerning the respondent shall be voidable and may be annulled by a decree of nullity sub section ..... by fraud abduction terror or coercion has no sanctity and is voidable and is liable to annulment at the election of the injured .....

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Apr 08 1979 (HC)

Sri Aurobindo Society Vs. Ramadoss Naidu

Court: Chennai

Decided on: Apr-08-1979

Reported in: AIR1980Mad216

..... as the minor s de facto guardian and hence it was merely voidable and not void altogether it further held that the question whether the ..... position that the alienation by her would be void and not merely voidable at the minor s option vide the decision of viswanatha sastri j ..... a nor a dejure guardian of the minor is void and not voidable and the minor on attaining majority can ignore such an alienation .....

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Oct 24 1979 (HC)

Dr. Cherian Vs. P. Ramasami Naidu and ors.

Court: Chennai

Decided on: Oct-24-1979

Reported in: (1980)2MLJ170

..... order 21 rule 22 2 civil procedure code is a nullity and not merely voidable and it can be set aside under section 47 civil procedure code in ..... the sale is claimed to be void for certain illegality or voidable on ground of material irregularities not referred to in order 21 ..... under order 21 rule 66 to the first respondent is merely voidable and not void cannot be accepted 9 learned counsel for the .....

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Jan 11 1979 (SC)

Kripashanker Vs. Director of Consolidation and ors.

Court: Supreme Court of India

Decided on: Jan-11-1979

Reported in: AIR1979SC1015; (1979)4SCC199; 1979(11)LC415(SC)

..... land reforms act 1950 hereinafter referred to as the act is void or voidable to the extent of area in excess of the limit of 12 1 ..... or gift in contravention of section 154 of the act is void or voidable to the extent of area in excess of the limit of 12 1 ..... transfer by a bhumidhar in contravention of section 154 is not void but voidable at the instance of the gaon sabha only to the extent of the .....

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Jan 24 1979 (HC)

Jamboo Parasad JaIn Vs. Smt. Malti Prabha and anr.

Court: Allahabad

Decided on: Jan-24-1979

Reported in: AIR1979All260

..... 11 section 12 of the hindu marriage act es in respect of voidable marriages it provides that any marriage solemnised whether before or after ..... the passing of the act shall be voidable and may be annulled by a decree of nullity on the ..... for subsequent events had to be dissolved the latter case postulates a voidable marriage which has been declared void if a party was held .....

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