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Checking relevance for Asset Reconstruction Company (India) Limited VS S. P. Velayutham...
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2000 2 Supreme 154 : A decree of simpliciter declaration for declaring a document null and void can be executed by filing a suit for possession simpliciter, as the existence of a void document (such as a sale deed executed pursuant to a void order) does not bar the right to seek possession. When documents are declared null and void, they are treated as if they never existed, and the plaintiff may proceed with a suit for possession without needing to first obtain a declaration of invalidity. The court held that in cases where possession has been taken under a void document, Article 65 of the Limitation Act applies, allowing a suit to be filed within 12 years from the date of such possession, and that a suit for possession alone is sufficient even if a declaration of nullity is not specifically sought at the outset.Checking relevance for Balvant N. Viswamitra VS Yadav Sadshiv Mule (D) Through Lrs. ...
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Checking relevance for Nand Kishore Garg vs Jitender Singh Tomar...
Nand Kishore Garg vs Jitender Singh Tomar - Delhi (2020)
: A decree of simpliciter declaration for declaring a document null and void does not require execution because a document that is void ab initio is considered non-existent from its inception and has no legal effect. As such, it is not required to be set aside by a court order, and the person affected by it may ignore it and proceed with a suit for substantive relief without seeking a declaration of its invalidity. This principle is supported by precedents such as Prem Singh v. Birbal (2006) 5 SCC 353, which holds that when a document is void ab initio, a decree for setting it aside is unnecessary because it is a nullity. The court further notes that a void document is ''''non-est'''' in the eye of the law and does not need to be avoided or quashed by a formal decree.Checking relevance for Nand Kishore Garg VS Jitender Singh Tomar...2020 0 Supreme(Del) 143 : A decree of simpliciter declaration declaring a document null and void does not require execution through formal enforcement procedures because a document that is void ab initio is considered non-existent from its inception and has no legal effect. As established in the judgment, such documents are ''''non-est in the eye of the law'''' and do not need to be set aside by a separate order or decree. The court held that when a document is void ab initio—such as an LL.B. degree obtained through fraudulent means—the invalidity is inherent and automatic, and no declaration or execution is necessary. The party affected may simply treat the document as a nullity and proceed with substantive relief without seeking a declaratory decree. This principle is supported by precedents including Prem Singh v. Birbal (2006) 5 SCC 353, which confirms that a void document is not required to be avoided, and Black''''s Law Dictionary definitions stating that ''''void'''' means ''''of no legal effect; null; of no effect whatsoever.''''Checking relevance for Jaichandlal Ashok Kumar & Co. Pvt. Ltd. VS Nawab Yossuf...
Checking relevance for Dayana Rexaline rep.by her power agent Mr.Anishkumar Nagaraj vs Inspector General of Registration...
2025 0 Supreme(Mad) 2375 : A decree of simpliciter declaration for declaring a document null and void cannot be executed directly by the High Court under Article 226 of the Constitution. The High Court''''s jurisdiction under Article 226 is limited to examining whether the Registering Authority performed its statutory duties in the manner prescribed by law, particularly with regard to the third step—the act of registration—which is procedural in nature. If the Registering Authority failed to perform its statutory duties, the High Court may cancel the act of registration but cannot declare the document itself as null and void. A declaration that a document is null and void is exclusively within the domain of the civil court. Therefore, to achieve a declaration that a document is null and void, the party must file a suit in civil court challenging the first two steps: the execution of the document (e.g., fraud, coercion, lack of authority) and the presentation of the document for registration. The High Court’s role is confined to reviewing procedural compliance by the Registering Authority, not adjudicating on the validity of the document’s execution or title.Checking relevance for Ramesh Chandra Rampratapji Daga VS Rameshwari Ramesh Chandra Daga...
Checking relevance for K. Muthuswami Gounder VS N. Palaniappa Gounder...
Checking relevance for Municipal Corporation Of Delhi VS Kamla Devi...
Checking relevance for State Of M. P. VS Mangilal Sharma...
1998 1 Supreme 69 : A decree of simpliciter declaration for declaring a document null and void cannot be executed in the conventional sense because it only declares the rights of the decree-holder vis-à-vis the judgment-debtor and does not, in terms, direct the judgment-debtor to do or refrain from doing any particular act. However, in exceptional cases—such as when a Government servant acquires a legal status—the declaratory decree may have practical effect, such as reinstatement in service, because the declaration itself establishes a legal status (e.g., that the termination of service never existed). In such cases, the executing court may act to give effect to the declared status, but it cannot grant consequential benefits (like salary or promotion) unless they flow directly and necessarily from the declaration. Thus, execution of a declaratory decree is limited to giving effect to the declared legal status, not to enforcing positive obligations beyond that.
