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...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Hindu Marriage Act, 1955, Section 11, 5 -- Void marriage - Second marriage during subsistence of first marriage by husband - Second marriage is void, as first wife of husband was living along with husband at the time of second marriage - Second marriage is nullity and dissolved by a decree of nullity...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3) -- Conciliation proceedings - Appellant failed to appear in proceedings for conciliation on very first date of appearance - As per S.18(3) of the Act, when conciliation fails and stand terminated, dispute between parties can be resolved by arbitration - Facilitation Council did not initiate arbitration..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application of accused for striking off evidence has been dismissed - Quashing of order - If complainant is not allowed to file detailed affidavit, then the purpose and purport of provisions contained in NI Act would be rendered to be a nullity and the..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Mere fact that investigation of case was not conducted by competent authority, such investigation and even filing of charge sheet may not be declared as nullity in the eyes of law in as much as such investigation was completed after recording statement of relevant witnesses and charge sheet was filed, more..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Service matter - Civil Court lacks jurisdiction to entertain a suit structured on provisions of Industrial Disputes Act - Decree passed in said proceedings is a legal nullity...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 4, 8 -- Juvenile - Trial if any conducted in respect of a person who has not attained age of 18 years as on the date of commission of crime can only be held to be a trial without any jurisdiction and therefore a nullity...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - On the date of marriage husband was of marriageable age whereas wife was 17 years 06 months and 08 days - A petition for nullity u/s 13(2)(iv) of the Act could be filed if wife had got married at the age of 15 years and she could file petition for dissolution of marriage before she attained the age of 18..........
