Void Ipso Jure - Law Dictionary Search Results
Home Dictionary Name: void ipso jureVoid 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)....
ipso jure
ipso jure [Latin] : by the law itself : by the operation of law [the securities sale was ipso jure unlawful] ...
ipso facto clause
ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...
ipso facto
ipso facto [New Latin, literally, by the fact itself] : by that very fact or act : as an inevitable result [drove the getaway car and was ipso facto an accessory] ...
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), ...
Ipso facto
Ipso facto (by the very act itself). A censure of excommunication in the Ecclesiastical Court, immediately incurred for divers offences, after lawful trial....
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...
de jure
de jure [Medieval Latin, literally, from the law] 1 : by right : of right [a de jure officer] 2 : in accordance with law see also de jure segregation at segregation compare de facto ...
Omnia que jure contrahuntur, contrario jure pereunt
Omnia que jure contrahuntur, contrario jure pereunt [Lat.], all things which are contracted by law perish by a contrary law....
Qui alterius jure utitur eodem jure uti debet
Qui alterius jure utitur eodem jure uti debet. Pothier, Tr. De Change, pt. 1, ch. 4, art. 5, s. 114; Broom's Leg. Max, (He who is clothed with the right of another ought to be clothed with the very same right.)...
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