Specific Relief Act, 1963, Section 31 -- Cancellation of a document - When a document is valid, no question arises of its cancellation - However, when a document is void ab initio, a decree for setting aside same would not be necessary as the same is non-est in the eye of law, as it would be a nullity...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If trial Court proceeds despite invalidity attached to sanction order, same shall be deemed to be non est in the eye of law and shall not forbid a second trial for same offences, upon grant of a valid sanction for such prosecution...........
Service -- Government service - Illegal appointment - Once very appointment is illegal and is non est in the eye of law, no statutory entitlement for salary or consequential rights of pension and other monetary benefits can arise...........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Lack of jurisdiction - Return of plaint - It is de novo trial of suit by competent Court - Whatever done by Court, not having jurisdiction, is non est in the eye of law...........
Civil Procedure Code, 1908, Order 41, Rule 1(1), (2) -- Appeal - Defective appeal on one or the other ground or is presented beyond period of limitation - Such appeal is called irregular, incompetent, unmaintainable appeal - However, such an appeal is an appeal in eye of law for all practical purposes and it is not non est - Dismissal of appeal on whatever ground is a..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Civil Procedure Code, 1908, Section 11, Order passed -- without jurisdiction - Applicability of principle of Res judicata - Held, an order passed without jurisdiction would be a nullity - It will be a coram non judice and non est in the eye of law - Principle of res judicata would not apply to such cases...........
Order -- Setting aside - When an order is set aside, all steps taken pursuant thereto become non est in the eye of law...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Order passed without jurisdiction - Order is a nullity - It is non est in the eye of law - Principles of res judicata do not apply to such cases...........
