Topic
A contract or legal action void ab initio in Indian law is one that is invalid from its inception due to a fundamental legal defect, such as improper appointment of an arbitrator or jurisdictional error.
Karnataka High Court holds that a sale deed executed by an unauthorized person under fraud is void ab initio, nullifying all subsequent judicial decrees. The ruling reinforces that fraud vitiates all legal proceedings, including those attaining finality, and res judicata does not apply to void transactions.
Bombay High Court reaffirms that unilateral arbitrator appointments under Section 12(5) of the Arbitration and Conciliation Act, 1996, are void ab initio, setting aside over 250 arbitral awards. The court excluded the period from arbitration invocation to the judgment date for limitation purposes, allowing parties to initiate fresh proceedings.
Bombay High Court reinforces that unilateral arbitrator appointments are void ab initio, setting aside awards and permitting fresh arbitration while excluding the limitation period from the original invocation date. The ruling aligns with the Supreme Court's precedent in Bhadra International, ensuring procedural fairness in arbitration proceedings.
Allahabad HC rules that appointment of a minor is void ab initio, disentitling them to salary or arrears from public funds. The judgment reinforces statutory compliance as a prerequisite for valid public employment, impacting recruitment policies and service law precedents.
The Bombay High Court has declared all arbitral awards void where arbitrators were unilaterally appointed, affirming the Supreme Court’s position in Bhadra International. Crucially, it permits parties to initiate fresh arbitration by excluding the entire period of the invalid proceeding from the limitation period, offering a rare procedural lifeline to claimants caught in defective appointments.
ITAT Delhi rules that assessment proceedings initiated against a merged entity post-merger are void ab initio, as the jurisdictional defect cannot be rectified under Sections 154 or 292BB of the Income Tax Act. The ruling underscores that tax authorities must verify entity existence before initiating assessments, impacting merged companies and tax practitioners.
Bombay High Court holds that unilateral appointment of arbitrator renders award void ab initio, even at execution stage, with limitation excluded for fresh proceedings.
Bombay High Court holds that unilateral appointment of arbitrator renders arbitral award void-ab-initio, even at execution stage, with liberty to initiate fresh proceedings.