Voidability - Year 1996 - Judgments

Oct 30 1996 (SC)

income-tax Officer and anr. Vs. A.M.S. Salimaricar

Court: Supreme Court of India

Decided on: Oct-30-1996

Reported in: [2001]247ITR808(SC); (2001)9SCC246

..... does not possess such power the legislation to that extent either is void or becomes voidable on a declaration to that effect by a constitutional court it would therefore be said .....

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Sep 03 1996 (SC)

State of Orissa and Others Vs. NaraIn Prasad and Others, Etc. Etc.

Court: Supreme Court of India

Decided on: Sep-03-1996

Reported in: 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465

..... 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 08 1996 (SC)

State Bank of India Etc., Vs. Kashinath Kher and Others, Etc.,

Court: Supreme Court of India

Decided on: Feb-08-1996

Reported in: 1996IIAD(SC)270; AIR1996SC1328; JT1996(2)SC569; (1996)IILLJ654SC; 1996(2)SCALE423; (1996)8SCC762; [1996]2SCR324; 1996(1)LC691(SC); (1996)1UPLBEC638

..... 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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Oct 25 1996 (SC)

State Bank of Bikaner and Jaipur Vs. Srinath Gupta and Another

Court: Supreme Court of India

Decided on: Oct-25-1996

Reported in: 1996VIIIAD(SC)27; AIR1997SC243; [1996(74)FLR2739]; JT1996(9)SC612; (1997)ILLJ677SC; (1997)1MLJ121(SC); 1996(7)SCALE785; (1996)6SCC486; [1996]Supp7SCR779; 1997(1)SLJ109(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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Aug 23 1996 (HC)

Punyamanthula Satyanarayana Vs. Punyamanthula Lakshmanaswamy and ors.

Court: Andhra Pradesh

Decided on: Aug-23-1996

Reported in: 1996(4)ALT49

..... if they lack justification they are in both cases voidable and when they are voidable the application of article 44 is an inescapable corollary ..... natural guardian in contravention of sub sections 1 and 2 is voidable at the instance of the minor or any person claiming under ..... a sale or other transfer which is not void but only voidable and he cannot obtain possession without the transfer being set aside .....

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Jun 04 1996 (HC)

Samina Venkata Sureswara Sarma Vs. Meesala Kota Muvullayya

Court: Andhra Pradesh

Decided on: Jun-04-1996

Reported in: AIR1996AP440; 1996(2)ALT982

..... notice issued to the plaintiff informing that the agreement is a voidable contract and he is avoiding the contract on account of the ..... defendant has also taken a specific plea that the contract is voidable based on a contingency to take place and the said ..... contrary this is not such a situation where the contract becomes voidable and the contingency becomes impossible to perform i do not think .....

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Jan 16 1996 (TRI)

Kanta International Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: Jan-16-1996

Reported in: (1997)(92)ELT487Tri(Mum.)bai

..... indian contract act by pollack amp mulla he pleads that when a voidable contract is said to be avoided it does not mean that the ..... existed but it ceased to exist from the moment of avoidance a voidable contract is valid till it is avoided this is what is recognised ..... or fraud does not make a contract non est but is only voidable according to this book the pronouncement of the supreme court in the .....

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Oct 15 1996 (HC)

Bade Sriramulu Vs. Chedalavada Prabhakara Rao, Minor by Ch. Venkaiah a ...

Court: Andhra Pradesh

Decided on: Oct-15-1996

Reported in: 1997(2)ALT30

..... guardian in contravention of sub section 1 or sub section 2 is voidable at the instance of the minor or any person claiming under him ..... by the natural guardian and under sub section 3 the said alienation is voidable at the instance of the minor 12 it is admitted that late ..... respondent the sale under ex a 2 dated 29 9 1969 is voidable and the plaintiff is entitled to avoid the said sale 13 when .....

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Sep 26 1996 (HC)

G. Anuradha Vs. G. Narayana Rao

Court: Andhra Pradesh

Decided on: Sep-26-1996

Reported in: 1998(2)ALD158; 1998(2)ALT569

..... solemnized whether before or after the commencement of this act shall be voidable and may be annulled by a decree of nullity on any of ..... hand the marriage contravenes clause ii of this section the marriage is voidable vide section 12 we are concerned with clause ii only it ..... section 12 of the hindu marriage act which deals with voidable marriages insofar as it is relevant for our purpose reads as .....

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Mar 26 1996 (HC)

Muniyappa Vs. Ramaiah

Court: Karnataka

Decided on: Mar-26-1996

Reported in: AIR1996Kant321; ILR1996KAR1883; 1996(2)KarLJ563

..... sale even though not for family necessity is not void but only voidable if the manager of the joint hindu family alienates the joint ..... the manager of the joint hindu family even without legal necessity is voidable and not void on the findings of the trial court and ..... of his share in the joint family properties the sale being only voidable unless it is avoided by an action the alienee is entitled .....

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