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Showing posts with label voidable. Show all posts
Showing posts with label voidable. Show all posts
Friday, 15 December 2023

Supreme Court: Sale Of Minor's Property By Guardian Can Be Avoided Only By Filing Suit To Set Aside Deed Within Period as mentioned Under Art.60 of Limitation Act

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  We may notice one more judgment of this Court relied on by the learned counsel for the appellants that is G. Annamalai Pillai vs. Distric...
Sunday, 2 April 2023

Must the court entertaining a compromise petition examine whether the compromise was void or voidable under the Indian Contract Act?

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  When the amending Act introduced a proviso along with an explanation to Rule 3 of Order 23 saying that where it is alleged by one party an...
Sunday, 28 October 2018

How to ascertain limitation for cancellation of document executed due to force or fraud?

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  In law, once documents are alleged by the appellant/plaintiff to be forged and fabricated documents, such a plea would ordinarily include...
Friday, 28 October 2016

How to ascertain that time was essence of contract in suit for specific performance of contract?

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  Another accept is to be considered in the present case is that where time is the essence of the contract, failure to stick to the t...
Friday, 14 October 2016

Leading Judgment on cancellation of deed and declaration that deed is void and voidable

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   Section 31 of the Act (corresponding to Sec.39 of the Specific Relief Act, 1877 - for short, "the old Act") states:       ...
Saturday, 23 July 2016

Leading Judgment of SC on removal of employee from service on ground of suppression of material information by them

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The fraud and misrepresentation vitiates a transaction and in case employment has been obtained on the basis of forged documents, as obs...
Sunday, 3 July 2016

What is distinction between void or voidable?

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 The distinction between void or voidable is summarized as follows: "De Smith, Woolf and Jowell in their treatise Judicial Review o...
Sunday, 13 December 2015

Whether insurance companies can withhold admitted claim amount till insured gives receipt of full and final settlement?

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The insurance companies cannot deny the payment of the admitted claim amount to the insured unless a complete discharge is given by the...
Sunday, 26 April 2015

If time is essence of contract, then non-performance within stipulated time makes contract as voidable at option of promisee

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Equivalent Citation:  AIR1995Ori207, 1995(I)OLR453 IN THE HIGH COURT OF ORISSA First Appeal No. 60 of 1991 Decided On:  30.01.1995 ...
Saturday, 28 February 2015

Disposal of minor's property for legal necessity by natural guardian whether voidable?

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Hindu Minority and Guardianship Act, 1956 - Sections 6 and 8-The necessity for a natural guardian to obtain permission or sanction fro...
Sunday, 23 November 2014

What is distinction between void and voidable documents?

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Having considered the submissions of the learned Counsel for the appellants, before deciding whether the suit, as framed, was barred by sec...
Saturday, 26 April 2014

Distinction between lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction.

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What is relevant in this context is the legal effect of the so-called finding in O.S. No. 4 of 1972 that the decree in O.S. No. 61 of 1971 ...