Voidability - Year 2002 - Judgments

Sep 13 2002 (SC)

Rita Lal Vs. Raj Kumar Singh

Court: Supreme Court of India

Decided on: Sep-13-2002

Reported in: AIR2002SC3341; 2002(3)BLJR2387; [2002(3)JCR221(SC)]; JT2002(7)SC296; 2002(6)SCALE564; (2002)7SCC614; [2002]SUPP2SCR403

..... 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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Mar 07 2002 (SC)

Ramesh P. Bhatnagar and anr. Vs. State of U.P.

Court: Supreme Court of India

Decided on: Mar-07-2002

Reported in: [2002(93)FLR718]; JT2002(3)SC572; RLW2003(1)SC52; 2002(2)LC1283(SC); (2002)2UPLBEC1276

..... 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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Jun 28 2002 (HC)

Goureshetty Srinivas Vs. Gouresheety Ramalingam and ors.

Court: Andhra Pradesh

Decided on: Jun-28-2002

Reported in: 2002(6)ALD618

..... decree of nullity is obtained children born out of void or voidable marriages cannot take advantage of section 16 of the act section ..... 16 of the act reads 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 .....

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Apr 29 2002 (HC)

Ghulam Rasool Reshi Vs. Ghulam Hassan Reshi and ors.

Court: Jammu and Kashmir

Decided on: Apr-29-2002

Reported in: AIR2003J& K6,2003(2)JKJ701

..... entered into without the leave of the court so recorded shall be voidable against all parties other than the minor even the unamended provisions ..... the decree is a nullity and is void and not merely voidable this principle becomes applicable to the case of a lunatic in ..... influence coercion by which the decree can be avoided treating it as voidable 9 an agreement may be lawful yet can be challenged on .....

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Apr 19 2002 (HC)

Bengal Peerless Housing Development Co. Ltd. Vs. Gopeswar Prasad Agarw ...

Court: Kolkata

Decided on: Apr-19-2002

Reported in: (2002)2CALLT473(HC),2002(2)CHN552

..... to the receiver and without leave of the court was held to be voidable and could be declared illegal in a proper proceeding or by suit ..... dues without leave of the court was held not to be void but voidable since inspite of having notice the receiver did not pay off the ..... the absence of notice to the learned receiver the sale would only be voidable and not void ab initio in the second case the hon ble .....

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Dec 05 2002 (HC)

Sushil Kumar Dwivedi Vs. Basic Shiksha Adhikari and ors.

Court: Allahabad

Decided on: Dec-05-2002

Reported in: 2003(1)AWC259

..... distinguishable the appointment of the petitioner in the present case was void and not merely voidable 7 the question of applying the principle of estoppel does not arise it is well ..... the statute a distinction has to be made between void acts and voidable acts in case the act is voidable the principle of estoppel could be applied as the person who is .....

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Aug 22 2002 (HC)

Mohan Charan SwaIn Vs. Aswini Kumar Swain

Court: Orissa

Decided on: Aug-22-2002

Reported in: II(2002)DMC693

..... the bridegroom but that by itself would not render the marriage voidable the learned judge family court however granted litigation expenses of rs ..... 12 l c of the act which reads as follows 12 voidable marriage 1 any marriage solemnised whether before or after the commencement ..... of this act shall be voidable and may be annulled by a decree of nullity on any .....

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May 09 2002 (HC)

Dev Kishan and ors. Lrs. of Kishan Lal Vs. Ram Kishan and ors.

Court: Rajasthan

Decided on: May-09-2002

Reported in: RLW2003(2)Raj1250; 2002(4)WLC130; 2002(4)WLN481

..... of a joint family made without legal necessity is not void but voidable at the option of the other coparceners 11 the marriage expenses of ..... therefore no doubt the sale is not per se void but becomes voidable as soon as the option is exercised by the minors through their ..... of section 5 of the hindu marriage act is neither void nor voidable the point involved in that case and the present case is somewhat .....

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Aug 27 2002 (HC)

Ceean International Private Limited and Sukhendu Bhusan Basu Vs. Ashok ...

Court: Kolkata

Decided on: Aug-27-2002

Reported in: AIR2003Cal263,(2003)2CALLT322(HC)

..... of the contract is not performed within such time the contract becomes voidable at the option of the promise in this case according to him ..... a particular time and if it is not performed then it becomes voidable at the option of the promise if the intention of the parties ..... the vendor promisee would be entitled to opt to make the contract voidable section 20 sr act 17 section 20 makes the grant of specific .....

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Jul 22 2002 (HC)

Sri P. Purushotham Reddy and anr. Vs. Pratap Steels Limited

Court: Andhra Pradesh

Decided on: Jul-22-2002

Reported in: AIR2003AP141; 2002(6)ALD29; 2002(5)ALT438

..... to avoid agreement for sale it is contended that the agreement is voidable at the option of the plaintiff but not at the instance of ..... left to the blameless party it is said that the contract is voidable but that is only another way of saying that the blameable ..... the parties may expressly or impliedly stipulate that the contract shall be voidable at the option of either party to it 30 reliance is also .....

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