Nullity - Law Dictionary Search Results
Home Dictionary Name: nullitynullity
nullity pl: -ties 1 : the quality or state of being null 2 : an act, proceeding, or contract void of legal effect compare impediment absolute nullity in the civil law of Louisiana : a contract or act considered void by virtue of a transgression of the public order, interest, law, or morals [a bigamous marriage is an absolute nullity "Louisiana Civil Code"] ;also : the quality or state of such a nullity NOTE: A marriage that is an absolute nullity does not have to be annulled to terminate its legal effects (as property rights). rel·a·tive nullity in the civil law of Louisiana : a nullity that can be cured by confirmation because the object involved is considered valid ;also : the quality or state of such a nullity NOTE: A contract that is a relative nullity may be annulled and the parties restored to their original positions. A marriage that is a relative nullity must be annulled to terminate the legal effects (as property rights) of the marriage. ...
Nullity
Nullity, want of force or efficacy; an error in litigation which is incurable, and thus differs from an irregularity, which is amendable.A decree is said to be a nullity if it is passed by a court having no inherent jurisdiction. Merely because a Court erroneously passes a decree or there is an error while passing the decree, the decree cannot be called a nullity. The decree to be called a nullity is to be understood in the sense that it is ultra vires the powers of the Court passing the decree and not merely voidable decree, Hiralal Moolchand Doshi v. Barot Raman Lal Ranchhoddas, AIR 1993 SC 1449 (1452): (1993) 2 SCC 458....
Nullity and irregularity
Nullity and irregularity, as to 'irregularity' it has been stated that it is 'want of adherence to some prescribed rule or mode of proceeding'; whereas 'nullity' is 'a void act or an act having no legal force or validity'. The safest rule of distinction between an 'irregularity' and a 'nullity' is to see whether 'a party can waive the objection: if he can waive, it amounts to irregularity and if he cannot, it is a nullity', Krishan Lal v. State of J&K, (1994) 4 SCC 422 (432)....
absolute nullity
absolute nullity see nullity ...
relative nullity
relative nullity see nullity ...
Nullity of marriage
Nullity of marriage, a matrimonial suit instituted for the purpose of obtaining a decree, declaring that a supposed marriage in null and void. See MARRI-AGE.The (English) Matrimonial Causes Act, 1873 (36 Vict. c. 31), extended to proceedings for nullity of marriage the provisions of the (English) Matrimonial Causes Acts of 1860 and 1866, ss. 7 and 3 respectively, with reference to the intervention of the king's proctor, and see now Matrimonial Causes Act, 1937, and DIVORCE. See INTERVENTION, and Browne and Latey, Divorce....
Absolute nullity
Absolute nullity, means an act that is void because it is against public policy, law or order, Black Law Dictionary, 7th Edn., p. 1095....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Impotence
Impotence, physical inability of a man or woman to perform the act of sexual intercourse. A marriage is void if, at the time of the celebration, either of the parties to it is incurably impotent, and may be declared void by a decree in a suit of nullity of marriage. See NULLITY OF MARRIAGE. As to 'Oath of Calumny' (q.v.) in Scottish actions of divorce and nullity, see (English) Court of Session Act, 1830 (11 Geo. 4 & 1 Will. 4, c. 69), s. 36.Impotence means a man's inability to achieve an erection and therefore to have sexual intercourse. Because an impotent husband cannot consummate a marriage, impotence has often been cited as a ground for annulment, Black's Law Dictionary, 7th Edn., p. 760...
relative
relative 1 : not absolute 2 in the civil law of Louisiana : having or allowing some legal effect [a impediment] [a simulation] see also relative nullity at nullity rel·a·tive·ly adv ...
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