Nugatory - Law Dictionary Search Results

Home Dictionary Name: nugatory

nugatory

nugatory [Latin nugatorius, from nugari to trifle, from nugae trifles] : being without operative legal effect [held that such an interpretation would render the statute ] ...

Frustrate

Vain ineffectual useless unprofitable null voil nugatory of no effect...

Null

Of no legal or binding force or validity of no efficacy invalid void nugatory useless...

Fees taken in Court, the phrase 'fees taken in court' cannot mean that it described fees which were actually being taken before the Constitution came into force. If this was the meaning, no fees could be levied in the Supreme Court because the Supreme Court did not exist before the Constitution came into force and not fees were being taken therein. This would render part of the Entry of List I nugatory. 'Fees taken in court' are not taxes, for if it were so, the word 'taxes' would have been used or some other indication given, Secretary, Government of Madras, Home Department v. Zenith Lamp and Electrical Ltd., AIR 1973 SC 724 (730): (1973) 1 SCC 162: (1973) 2 SCR 973....

Void

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 fullyeffective 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), ...

Void and voidable

Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...

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