Void - Definition - Law Dictionary Home Dictionary Definition void

Definition :

Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.

Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fully

effective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), para 26, p. 31.

Void, has a relative rather than an absolute meaning. It only conveys the Idea that the order is invalid or illegal. It can be avoided. There are degrees of invalidity, depending upon the gravity of the infirmity, as to whether it is, fundamental or otherwise mere use of word 'void' is not determinative of its legal impact, State of Kerala v. M.K. Kuntikannan Nambiar, AIR 1996 SC 906.

Void, in its strictest sense, means that which has no force and effect, is without legal efficacy, incapable of being enforced by law, or has no legal or binding force, but frequently the word is used and construed as having the more liberal meaning of 'voidable', Pankaj Mehra v. State of Maharashtra, (2000) 2 SCC 756.

Void, in relation to a juristic act, 'void' means without legal force, effect or consequence; not binding; invalid; null; worthless; cipher; useless; and ineffectual etc., void agreements are destitute of all legal effects and force. They are totally ineffectual rather cipher. No legally enforceable relationship, right or liability emanates therefrom, Nutan Kumar v. IInd Addl. Dist. Judge, Banda (F.B.), AIR 1994 All 298.

Void, is used, when total lack or existence is intended to be conveyed Acts which are void and Acts repealed are not the same; they are entirely different, Abdul Khadir v. State of Mysore, AIR 1951 Mys 72 (Mys): (1951) ILR Mys 284: 52 Cr LJ 922.

Void, is well-settled that the word 'void' in Article 13 means void to the extent of the inconsistency with a fundamental right and the language of the article makes it clear that the entire operation of an inconsistent Act is not wiped out, Bhikaji Narain Dhakras v. State of Madhya Pradesh, AIR 1955 SC 781: (1955) 2 SCR 589.

The meaning of the word 'void' is for all practical purposes the same in both clauses namely, that the law is ineffectual and nugatory and devoid of any legal force or binding effect, Mahendralal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019: (1963) Supp 1 SCR 912.

Mere use of the word 'void' is not determinative of its legal impact. The word 'void' had a relative rather than an absolute meaning. It only conveys the idea that the order is invalid or illegal. It can be avoided, State of Kerala v. M.K. Kunhikannan Nambiar Manjeri Manikoth, AIR 1996 SC 906 (908): (1996) 1 SCC 435. [Kerala Land Reforms Act, 1964 (1 of 1964), s. 83]

The expression 'void' means without force, effect or consequence, not binding; invalid; null; worthless and ineffectual etc., Nutan Kumar v. II Add. District Judge, AIR 1994 All 298 (303). (Contract Act, 1872, s. 23)

Of no legal effect; null, Black's Law Dictionary, 7th Edn., p. 1568.

Means a thing which is void is non est and it is not necessary to set that aside, though it is sometimes convenient to do so. If that is the position, then, as the said assessments were nullities, those are not required to be actually set aside, Suresh Chandra v. State of West Bengal, AIR 1976 Cal 110.

Means null, or having no legal force or binding effect. And the other is 'unable in law, to support the purpose for which it was intended, Black's Law Dictionary; see also Pankaj Mehra v. State of Maharashtra, (2000) 2 SCC 756.