Voidability - Year 2005 - Judgments

May 03 2005 (SC)

Viveka Nand Sethi Vs. Chairman, J and K Bank Ltd. and ors.

Court: Supreme Court of India

Decided on: May-03-2005

Reported in: 2005(2)ESC260; [2005(106)FLR207]; 2005(2)JKJ1[SC]; JT2005(5)SC193; (2005)IILLJ1034SC; (2005)5SCC337; 2005(3)SLJ148(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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Nov 18 2005 (HC)

Prem Sagar Vs. Union of India (Uoi) and ors.

Court: Delhi

Decided on: Nov-18-2005

Reported in: 2005(85)DRJ564

..... what distinguishes an order that is void from another that is voidable essentially lies in whether the order in question is outside ..... as nullities 24 it is thereforee evident that expressions void and voidable have more than one facet transactions and decrees which are wholly ..... a minor without being represented by a next friend may be voidable at the instance of the minor in appropriate proceedings in .....

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May 20 2005 (HC)

Deo Nath Son of Baij Nath and ors. Vs. Deputy Director of Consolidatio ...

Court: Allahabad

Decided on: May-20-2005

Reported in: 2005(4)AWC3720

..... of both the sale deeds was not denied and they were voidable documents as such the consolidation courts cannot ignore the same 11 ..... held that only civil court can consider the validity of a voidable document and the consolidation officer cannot go behind 13 according to ..... relied upon the sale deed holding them to be a only voidable document and the said finding cannot be sustained 23 in the .....

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May 11 2005 (HC)

Krishna Prasad Paul Vs. State of West Bengal

Court: Kolkata

Decided on: May-11-2005

Reported in: 2005(4)CHN308

..... court cannot decide whether marriage of the victim with alok dolai was either void or voidable or punishable however the observation made above clearly indicates that such marriage was neither void ..... nor voidable 15 the decisions cited by the ld advocate for petitioner in surjit kaur supra and .....

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Aug 25 2005 (HC)

S.B.i. Home Finance Ltd. Vs. Commissioner of Income Tax

Court: Kolkata

Decided on: Aug-25-2005

Reported in: (2005)199CTR(Cal)623,[2006]280ITR6(Cal)

..... v cit 1991 190itr578 cal this court dealing with void and voidable transaction had held that there is a distinction between the two ..... the person entitled to avoid it does not do so the voidable act becomes valid when the person affected thereby ratifies or acquiesces ..... of affects the rights of private individuals such act would be voidable only at the option of the affected person there is a .....

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Sep 30 2005 (HC)

Damodar Tukaram Gaunkar (Dr.) Vs. Gopinath Rama Gaunkar and ors.

Court: Mumbai

Decided on: Sep-30-2005

Reported in: 2006(3)ALLMR88; 2006(6)BomCR454

..... proviso states that an agreement or compromise which is void or voidable under the indian contract act 1872 shall not be deemed to ..... free from challenges on the ground that they are void or voidable under the provisions of the indian contract act the explanation so ..... a clarification again because of the earlier conflict as to whether voidable agreements within the meaning of section 19 a of the indian .....

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Oct 26 2005 (HC)

Ram Asrey Singh Son of Late Shri Ram Dev Singh and ors., Through Its N ...

Court: Allahabad

Decided on: Oct-26-2005

Reported in: 2006(2)AWC1607

..... the sale deed the plaintiff was major when the deed is voidable it is the civil court which has jurisdiction to decide the ..... observed as follows the question whether a contract is void or voidable presupposes the existence of a contract within the meaning of the ..... minor coupled with the other grounds therefore when the deed is voidable it is only the civil court which has jurisdiction to decide .....

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Aug 30 2005 (TRI)

Sunil Kumar Maheshwari Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Ahmedabad

Decided on: Aug-30-2005

Reported in: (2006)(2)SLJ215CAT

..... prakash university and ors para 22 thus the expressions void and voidable have been the subject matter of consideration on innumerable occasions ..... becomes void from the very beginning there may be a voidable transaction which is required to be set aside and the ..... it cannot be treated to be void but would be obviously voidable 15 it has been contended by the respondents railways administration .....

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Jan 28 2005 (HC)

Burada Kanaka Ratnam Vs. Senior Superintendent of Posts and ors.

Court: Andhra Pradesh

Decided on: Jan-28-2005

Reported in: 2005(2)ALD174

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

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Feb 23 2005 (HC)

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court: Andhra Pradesh

Decided on: Feb-23-2005

Reported in: 2005(5)ALD658; 2005(6)ALT238

..... property with allegedly imperfect title in the seller is neither void nor voidable per se an allegation of imperfect title in the property which ..... partition decree allotting a portion to the co sharer e tide being voidable at the option of third party and f the absence of ..... to the buyer in which event the contract is not rendered voidable the two decisions relied on by the learned counsel do not .....

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