...ab initio” are two different expressions. Void means prospectively void and void ab initio means void from its very inception, or in other words, retrospectivel...enforced from the date it becomes repugnant but it is not ab initio void and does not become non-est or non-existent and continues to be good law even after the date of repugnancy. Mr. Ghosh also sumitted...Constitution is that the State Act would become void with the enforcement of the Central Amendment Act on April 1, 1976 and under Article 254(2) of the Constitution it would...

...declared void ab initio means no order is in existence and petitioner shall deem to be continue in service. A person who deem to be in service shall entitled for payment of salary with immediate effect...District Judge Band while interpreting the expression “void” in relation to a juristic act held that it means without legal force, effect or consequence; not binding; invalid; null; worthless...considering the pleading on record with due opportunity to the parties to lead the evidence arrived to the conclusion that order suffers from vice of arbitrariness and declared the order void and...

...if the partnership is not registered as required under section 69 (2) of Partnership Act, the suit instituted by unregistered firm is void ab initio it means that the...Section 138 of the said Act reads as under: For the purpose of this section, "debt or other liability" means a legally enforceable debt or other liability." 9. It was...138 of the Negotiable Instruments Act specifically laid down that the debt or other liability means a legally enforceable debt or other liability. Enforcement of legal liability has to be in the...

...quoting a passage from the said judgment which was rendered in 1613 where it was laid down that where the whole proceeding is coram non judice which means void ab initio, the action will lie without any..., 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...continue the suit against the University upon whom the interest of the original defendant devolved and impleading it. Such an omission would not make the decree void ab initio so as to invoke application...

...considered to be a void marriage only on the grant of declaration by a Court in a proceeding. Void marriages are void ab initio which means that in the? eye of law that marriage has never come int...wife means a legally wedded wife and marriage in contravention of Section 5(i) is void ab initio. It can be held to be so when there is a formal declaration by the Court in proceeding? under Section...time of alleged marriage with the applicant-respondent. Thus, the applicant's marriage was declared to be void.3. The appellant has challenged the decree of declaration declaring the...

...or absconders to the mind of this Court are highly uncalled for legally unsound and illegal, void, ab initio by all means. Without feeling the necessity to advert further on to the merits, such...

...had secured his appointment through fraudulent means and, hence, the appointment was void ab initio. Learned counsel submitted that it was, strictly speaking, not necessary for the Department to hold...Vijender had obtained selection by adopting fraudulent means, the employee was placed under suspension on 24 January 2014. The respondent moved the Central Administrative Tribunal at Hyderabad...

...petitioner was not entitled for at Village Hariharpur did not create any vested right in him. As trite it is that something obtained by deceitful means render it void ab initio.4. In...

...order passed without hearing the party is against the principles of natural justice and is void ab initio. The right to notice means the right of being known. A notice must contain the time, place and...principles of natural justice. 3 "Audi alteram Partem" means 'hear the other side', or 'no man should be condemned...

...pleased to hold that if the partnership is not registered as required under Section 69(2) of Partnership Act, the suit instituted by unregistered firm is void ab initio it means that...Negotiable Instruments Act specifically laid down that the debt or other liability means a legally enforceable debt or other liability. Enforcement of legal liability has to be in the nature of..., desirable to refer to ''''Law of Lexicon'''' and the judicial pronouncements to ascertain the true meaning of word ''''suit'''' in the legal context. ''''Suit'''' means ''''a proceeding Instituted in...

...5.12.2011 is void ab initio as AO has not exhausted all means of communication with appellant. 3. That on the facts and circumstances of the case and law on the point, the AO has..., 1961 dated 05.12.2011 is void-ab-initio as it is not proceeded by proper service of statutory notice u/s. 143(2) of the Income Tax Act, 1961 and Ld. CIT(A) has...

...land ignoring the partition effected. Challenging the said order by means of a suit, Bachan Singh and others claimed that the orders were void ab initio because those had been passed behind their back...

...case were opposed to the view that s. 65 can be applied to any contract which is void ab initio. It is by no means clear that this is the case, for, according to the head-note which is supported by a...forward in that case that s. 65 has no application to contracts which are void ab initio. That argument appears not to have been accepted by the Court, vide the observations of Mr. Justice Batchelor at pp...position clear. That was a case of a contract void ab initio, namely, the sale of an expectancy contrary to the provisions of...

...Company in liquidation to invoke Section 441(2) of the Companies Act, 1956. Nor the word “void” under Section 536(2) means “ab initio void”.42. In support of this...that the word “void” need not automatically indicate that any disposition should be ab initio void. The legal implication of the word “void” need not necessarily be a stage of nullity in all...interpretation that the payments which were made after the commencement of winding up proceedings, would not become ab initio void.”43. On consideration, I find that this application is...

...made towards a loan taken under a contract which was void ab initio. Those payments were by no means acknowledgments of the defendants' liability under...void ab initio the plaintiffs were not entitled to recover anything upon such a contract; secondly, that the suit was barred by time and thirdly, that the money payable by the defendants had already...further found that though the plaintiffs were not entitled to any relief on the basis of the mortgage bonds because they were void ab initio, yet they were entitled to compensation under...

...view of Section 166 of the Act. A transfer which is void, necessarily means that it was void ab-initio i.e. void from its inception. It is settled law that a void transaction can be ignor...a transfer, which is void ab initio.12. In such view of the matter, the submission made by...held to be hit by Section 157-A / 157-AA of the U.P. Zaminari Abolition and Land Reforms Act. The same has therefore been treated to be a void transaction and the land...

...discussing the contention of the appellant's counsel that the expression “void” in its widest sense means that the law is declared void or void ab initio and holding that such a contention cannot ...fundamental rights became void ab initio, in that all past and closed transactions can also be reopened. But the contention appears to have been that on and from 26-1-1950 such inconsistent laws which became...Article 13(1) does not in terms make the existing laws which are inconsistent with the fundamental rights void ab initio or for all purposes. On the contrary, it provides that all existing laws, in so...

...Section 166 of the Act. A transfer which is void, necessarily means that it was void ab-initio i.e. void from its inception. It is settled law that a void transaction can be ignored even ...a transfer, which is void ab initio.12. In such view of the matter, the submission made by the...to be hit by Section 157-A/157-AA of the U.P. Zaminari Abolition and Land Reforms Act. The same has therefore been treated to be a void transaction and the land, subject...

...also order dated 10.3.2005/Annexure A-2 and hold it as illegal and ab initio void. By Dr.G.C.Srivastava, VC.- By means of this Original Application, the applicant has prayed for the...following main relief: 8.I To set aside the order dated 17.11.2004/Annexure A-1 as also order dated 10.3.2005/Annexure A-2 and hold it as illegal and ab initio void. II. To direct respondents to pay...By Dr.G.C.Srivastava, VC.- By means of this Original Application, the applicant has prayed for the following main relief: 8.I To set aside the order dated 17.11.2004/Annexure A-1 as...

...quoting a passage from the said judgment which was rendered in 1613 where it was laid down that where the whole proceeding is coram non judice which means void ab initio, the action will lie without any.... 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 decree if it is found that the same is void ab initio and a nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of...