Void - Law Dictionary Search Results
Home Dictionary Name: voidVoid
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...
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...
void
void 1 : of no force or effect under law [a marriage] 2 : voidable void·ness n vt : to make or declare void [ a contract] ...
Void decree, illegal decree
Void decree, illegal 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, Balwant N. Vishwamitra v. Yadav Sadashiv Mule, (2004) 8 SCC 706....
void-for-vagueness doctrine
void-for-vagueness doctrine : a doctrine requiring that a penal statute define a criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement NOTE: Under the void-for-vagueness doctrine, a vague law is a violation of due process because the law does not provide fair warning of a prohibition and fails to set standards for enforcement that would govern the exercise of the police power. ...
Void agreement
Void agreement, An agreement not enforceable by law is said to be void. [Contract Act, 1872 (9 of 1872), s. 2(g...
Void contract
Void contract, A contract which ceases to be enforce-able by law becomes void when it ceases to be enforceable. [Contract Act, 1872 (9 of 1872), s. 2(j)...
Void ipso jure
Void ipso jure, void from the very inception, Yamunabai Anantrao Adhav v. Anantrao Shivaram Adhav, (1988) 1 SCC 530: AIR 1988 SC 644 (647)....
Void transaction which is not to be recognised
Void transaction which is not to be recognised, means there is a clear distinction between a trans-action being void, that is non-existent from its very inception and a ban against its recognition. Indeed, when it is said that such a transaction is not to be recognized for any purpose whatsoever, it postulates that the transaction does exist and it is valid, but it not to be recognised, Kalawati v. Bisheshwar, AIR 1968 SC 261...
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