decree declaring his marriage null and void. The stand of the petitioner is that when the marriage is null and void, there is no legal ... jurisdiction to decide whether a marriage is null and void without a decree being passed either by a District Court or by the High Court
stated to be nullity and, therefore, inexecutable. Another instance of null and void decree is one passed against a dead person without bringing his legal ... otherwise of the decree. It can go behind the decree only in the case of the decree being a nullity - a decree which does
covers suits for or involving cancellation or adjudging/declaring null and void decree for money or an instrument securing money or other property having such ... suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, Article 17(iii) of Schedule
respect of
the distinction between legal decree and null/void decree. The
Apex Court considering the law held that what is "void ... jurisdiction in the matter and cannot be termed as null
and void decree. The remedy available to the appellant was by
way of challenging
Judges
of this Court has considered the distinction between null and void decree
and illegal decree in Rafique Bibi v. Sayed Waliuddin ... opinion, such a decree, by no stretch of imagination, can
be described nullity. If the decree is not null and void, as per settled
decree for eviction
was a nullity. The High Court accordingly allowed the
appeal and held that the decree for eviction being null and
void could ... reproach that it is going behind the decree,
because the the decree being null and void, there would
really be no decree at all. Vide
been dissolved instead of having
been declared null and void or
annulled by a decree of nullity
shall be deemed to be their
legitimate child ... above situations was liable
to be declared null and void by a decree of nullity at the
instance of either party to the marriage. Section
petitioner and the 1st respondent was null and void. The consequences of such a marriage being null and void or 'voidipso jure ... time of passing any decree which would also include a decree of nullity declaring marriage null and void under S. 11 . The Court there thought
covers suits for or
involving cancellation or adjudging/declaring null and void decree for
money or an instrument securing money or other property having such ... suit is for or involving
cancellation or adjudging/declaring null and void decree for money or an
instrument, Article 17(iii) of Schedule
suits for or involving cancellation or
adjudging/declaring null and void decree for money
or an instrument securing money or other property
having such value ... suit is for or involving
cancellation or adjudging/declaring null and void decree for
money or an instrument, Article 17(iii) of Schedule
