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Relative Nullity - Law Dictionary Search Results

Home Dictionary Name: relative nullity

relative nullity

relative nullity see nullity ...


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. ...


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 ...


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 ...


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....


immediate relative

immediate relative Spouse, widow(er) and unmarried children under the age of 21 of an American citizen. A parent is an immediate relative if the American citizen is 21 years of age or older. There are no numerical limits to immigration of immediate relatives. Source: Department of State. March 2007. ...


Relative

Relative, 'relative' means, in the context, near rela-tions set out in s. 27(2) of the Estate Duty Act, 1953 and in this case the accounting persons are both relatives, Controller of Estate Duty v. Shri Kantilal Trikamlal, AIR 1976 SC 1935: (1976) 4 SCC 643: (1977) 1 SCR 9.It includes any person related to the mentally ill person by blood, marriage or adoption. [Mental Health Act, 1987, s. 2 (t)]A person connected with another by blood or affinity; a kinsman, Black's Law Dictionary, 7th Edn., p. 1291....


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