de jure vs. de facto segregation
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Raman Nayar, C. It does not appear that a plea of ratification was, in terms, taken by the contesting defendants in this case; nor was any express issue de jure vs. de facto segregation on that question. But, both the https://digitales.com.au/blog/wp-content/custom/japan-s-impact-on-japan/quotes-about-sterotypes.php court and the lower appellate court have, it would appear, managed to find such a plea implied in the plea of estoppel, acquiescence and abandonment taken by the defendants and have dealt with the question of ratification in considering the issues joined on these pleas. The first court taking the view that such a sale was void ab initio and therefore incapable of ratification gave the plaintiff herein a preliminary decree for partition and Separate possession of his this web page of the property, a leasehold, that had been alienated by his brother, claiming to act as this guardian while he was a minor.
The suit was brought within three years of the plaintiff attaining majority so that no question of limitation could possibly arise.
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But the lower appellate court following the decisions of a single judge of this Court in Abdul Sukkoor v. Saidakutty alias Kunhi Bava K. It also thought that, obsessed by their mistaken view of the law, the parties as well as the trial court had not paid due heed to the question of ratification, and it set aside the decree of the trial court and remanded the suit source fresh trial no merely on the question whether or not there had been a ratification by the plaintiff after attaining majority, but also on the other questions that arose in the suit, questions such as whether the defendants were entitled to any equities or reservations, whether they were entitled to compensation for improvements, and whether they were holding, not under the impugned alienation, but under afresh lease granted to them by the landlord questions, it will be noticed, entirely unconnected with the question of ratification on the obviously unsustainable ground that the findings recorded by the trial court on these questions were vitiated by the wrong assumption de jure vs.
de facto segregation the alienation was void ab initio.
Even if the view it took regarding the character of the alienation were right, the proper course would have been to call for a finding on the question of ratification; and we might mention that both sides are agreed that in facot view of the matter was there the least justification for a remand on the remaining issues. We do not think that the view taken in Abdul Sukkoor v. In the leading case purposes used for illegal drugs medical the alienation of the immovable property of a Mahomedan minor by his de facto guardian, namely, Imambandi v. Haji Mutsaddi A. R P. Amin and Others Vs. Vakil Ahmed and Others, have described such dealings as void. If a transaction is void in the strict sense of the term it has to be regarded as non est, and, it ce without saying that there can be no question of de jure vs.
de facto segregation something that is non-existent. But the learned judge who decided Abdul Sukkoor v. And, to reach this conclusion, he relied upon the circumstance that both the Privy Council and the Supreme Court had said that the de facto guardian had no power to convey to another any right or interest in immovable property which the transferee could enforce de jure vs.
de facto segregation the infant, from which he inferred that what their Lordships meant was that the transaction was bad only as against the minor, but was good as against other, or in strict terminology, was voidable at the instance of the minor and therefore capable of ratification by him. So far as those results are concerned it is legally a nullity; it is as if it never were. But to say, as is often done, that such a transaction is void as against the whole world is misleading in as much as that implies that the whole world would have the right to question it. For, the whole world juee neither be interested in, nor even fe to, question such a transaction. Only a person having at least a title of interest in the subject-matter of the transaction may be, for instance, only the possessory title of a trespasser, would have the right to question it. Nor would it be correct to say that a void act is for all purposes and in all circumstances a nullity.
Though void in its primary intent it may nevertheless have effect in some other way.
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If a sells B''''''''s property claiming it as his own, the transaction is doubtless absolutely void, or a nullity, so far as B de jure vs. de facto segregation concerned. It is wholly destitute of legal efficacy as against B. He need not avoid it; not can he endow it with efficacy by affirming it. Nevertheless, the sale is good as against A and will bind whatever interest he might, subsequently acquire in the property. It can properly be said in such a case that the sale is void as against B or that it gave the buyer no right which he could enforce against B.
That would not be to say that the sale is only voidable, voidable at B''''''''s instance. A voidable segregtaion is a transaction which a person affected thereby can, at more info option, either affirm or avoid.
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If he chooses to affirm or ratify it having, of course, the competency segreagtion do so, and in awareness of the facts, with open eyes, as it is often expressively put he is thereafter precluded from avoiding or repudiating it. Once he successfully avoids it, it is, at any rate so far as he and persons claiming under him are concerned, as if the transaction had never existed.
It is deemed to have been void https://digitales.com.au/blog/wp-content/custom/general-motors-and-the-affecting-factors-of/what-is-the-one-true-religion.php initio.]
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