Voidability - Year 1988 - Judgments

Oct 04 1988 (SC)

Om Pal Vs. Anand Swarup (Dead) by Lrs.

Court: Supreme Court of India

Decided on: Oct-04-1988

Reported in: JT1988(4)SC46; (1988)94PLR699; 1988(2)SCALE1269; (1988)4SCC545; [1988]Supp3SCR391; 1989(1)LC38(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 29 1988 (SC)

Chandrakant Khaire Vs. Dr Shantaram Kale and ors.

Court: Supreme Court of India

Decided on: Jul-29-1988

Reported in: AIR1988SC1665; JT1988(3)SC175; 1988(2)SCALE103; (1988)4SCC577; [1988]Supp1SCR725; 1988(2)LC427(SC)

..... in 2930 or by a person who has obtained possession of goods under a contract voidable under s 19 or s 19a of the contract act as provided by s 178 .....

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Sep 26 1988 (HC)

Janab S.K. Kalalullah Sheriff Vs. Janab S.K. and ors.

Court: Chennai

Decided on: Sep-26-1988

Reported in: (1989)1MLJ172

..... be free from the challenge of their being void or voidable under the provisions of the indian contract act the explanation ..... there was a doubt entertained earlier whether agreements which would be voidable within the meaning of section 19 of the indian contract ..... compromise even according to the petitioner is either void or voidable and therefore unlawful under the explanation to order 23 rule .....

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Jan 27 1988 (SC)

Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav and anr.

Court: Supreme Court of India

Decided on: Jan-27-1988

Reported in: AIR1988SC644; 1988(36)BLJR295; (1988)90BOMLR96; 1988CriLJ793; 1988(1)Crimes594(SC); JT1988(1)SC193; 1988MhLJ335(SC); 1988(1)SCALE184; (1988)1SCC530; [1988]2SCR809

..... throw light on this aspect 16 legitimacy of children of void and voidable marriages 1 notwithstanding that a marriage is null and void under ..... where a decree of nullity is granted in respect of a voidable marriage under section 12 any child begotten or conceived before the ..... brings out the basic difference in the character of void and voidable marriages as covered respectively by ss 11 and 12 it is .....

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Mar 11 1988 (HC)

Nagoor Gani Alias Rajamani and ors. Vs. Gandhi Meenal and ors.

Court: Chennai

Decided on: Mar-11-1988

Reported in: (1988)2MLJ171

..... rule 3 of the civil procedure code a compromise cannot be attacked by allegations that it is voidable compromise brought about by fraud undue influence and duress and that provided the compromise is ..... be recorded thinks fit to grant such adjournment explanation an agreement or compromise which is voidable under the indian contract act 1872 shall not be deemed to be lawful within the .....

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Sep 16 1988 (HC)

Hanumegowda Vs. Sudarshanachar

Court: Karnataka

Decided on: Sep-16-1988

Reported in: ILR1988KAR3238

..... alleged error which if realy would only render the judgment voidable by the proper judicature on appeal and not actually void ..... between judgments that are absolutely void and those which are merely voidable for errors in fact or irregularities the former kind are ..... the particular adjudication made its judgment although it may be voidable for irregularities or liable to be reversed or set aside .....

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Jul 11 1988 (HC)

Harendra Nath Burman Vs. Sm. Suprova Burman and anr.

Court: Kolkata

Decided on: Jul-11-1988

Reported in: AIR1989Cal120,(1989)1CALLT104(HC),93CWN102

..... consent of the father or the guardian was not void but only voidable and under section 17 of the said act a court was given ..... such a marriage without the qualifying age has been rendered not merely voidable but absolutely null and void the marriage would be a nullity ipso ..... that effect is passed and would not as in the case of voidable marriage become a nullity only on the passing of a decree to .....

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Sep 20 1988 (HC)

M.S. Shastri Vs. Hilla M. Batliwalla and ors.

Court: Mumbai

Decided on: Sep-20-1988

Reported in: 1989(1)BomCR138

..... the 3rd party and that the lessee was a mere benamidar the lease would be voidable on this account itself because it is brought about by such fraud the lessor never ..... the lessor the 3rd party proposes to take that lease it will be wholly a voidable transaction as to what will happen if the lessor has no objection to the benami .....

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Dec 21 1988 (HC)

United India Insurance Co. Ltd. Vs. Vasudevan and ors.

Court: Kerala

Decided on: Dec-21-1988

Reported in: AIR1989Ker140; [1989]65CompCas680(Ker); (1989)IILLJ220Ker

..... in sub section 1 the contract of the employer with the insurers is void or voidable by reason of non compliance on the part of the employer with any terms or ..... provisions of that sub section shall apply as if the contract were not void or voidable and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for .....

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Aug 01 1988 (HC)

Hemraj Shamrao Umredkar Vs. Leela

Court: Mumbai

Decided on: Aug-01-1988

Reported in: AIR1989Bom146

..... the second objection it may be noted that even in s 12 which relates to voidable marriages the reference in sub sec 2 a ii is to the husband or wife ..... divorced wife or divoiced husband or those who have obtained decree of annulment of a voidable marriage they cannot strictly be described as wife and husband but one has to concede .....

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