Nullity And Irregularity - Law Dictionary Search Results
Home Dictionary Name: nullity and irregularityNullity 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)....
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....
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
nullity
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. ...
absolute nullity
absolute nullity see nullity ...
relative nullity
relative nullity see nullity ...
Irregular
Not regular not conforming to a law method or usage recognized as the general rule not according to common form not conformable to nature to the rules of moral rectitude or to established principles not normal unnatural immethodical unsymmetrical erratic no straight not uniform as an irregular line an irregular figure an irregular verse an irregular physician an irregular proceeding irregular motion irregular conduct etc Cf Regular...
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....
Irregularity
Irregularity, disorder, departure from rule. By (English) R.S.C. 1883, Ord. LXX., non-compliance with the rules renders proceedings liable to be set aside as irregular, but does not render them void unless the Court or a judge so direct. Order LIV., r. 24, of the (English) County Court Rules, 1903, is to the same effect.The word 'irregularity' in common English parlance means and implies contrary to rule, Rambhau v. State of Maharashtra, AIR 2001 SC 2120 (2122): (2001) 4 SCC 759. (Cr. P.C., 1973, s. 391)The word irregularity' in s. 131(2)(b) cannot be confined to procedural defects only, Martin Burn Ltd. v. Corporation of Calcutta, AIR 1966 SC 529 (534): (1966) 1 SCR 543. [Calcutta Municipal Act, 1923 (3 of 1923), s. 131(2)(b)]...
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....
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