A legal maxim is a legal phrase that expounds on a legal principle or a legal proposition a concept. Most of the expressions or phrases you will find in the Latin Language since it influences the Roman legal system. These are the established legal policies that guide the courts all over the world in the application of laws in a fair, just manner while arriving at any decision on the issues before them. To avoid extension definition legal phrases are preferred. Courts incorporate the use of legal maxims in judicial pronouncement.
Literal meaning
In a particular case is set by code to be that of ab initio then the decision of code is deemed to be applicable from when the act occurred and not when the ruling or the decision came into effect.
Application
- The term ab initio is derived from the phrase ab initio void of an issue and is generally applicable in matters of marriage, property & contracts so it is declared by the code to be what that of void ab initio.
- It is deemed that a particular thing is never legally valid at any point in time and that it never existed.
Illustration
- There are A and B, A is minor and B is major which means B can legally enter into a contract with B for buying a particular property B transfer the property in the name of A but if A fails to make the payment later now B can move to court of law to recover the payment. The court negated that agreement is void ab initio it is null and void in the eyes of law.A) Law:-
A ) valid contract is only between adults.
B) Facts:- A, a party is a minor
C) Conclusion:- The contract is void ab initio.
- Aradhana marries Rahul in 2004. Due to marital issues, the couple starts living separately without any legal divorce. In 2012, Rahul marries Shashi while his first wife is still alive.
- Law:- as per the Hindu Marriage Act will be void.
- Facts:- when the first wife is still alive her husband may not legally valid to enter into a second marriage.
- Conclusion:- The marriage is void ab initio.
Practical Examples:
- Man cannot build even a simple cell ab initio.
- If I plan to go to France for higher studies, I will have to learn French ab initio.
- Ab Initio documentation makes it easier to study the system thoroughly.
- The court-appointed officers authorized to collect the computer hard disk also takes with him Rs1,00,000 found in the drawer. Therefore he is a trespasser ab initio
Interpretation of Ab initio
According to the maxim, proposition in law within a court’s jurisdiction, a certain document that purports the affect legal rights is or was null and void from its beginning, because of some vitiating elements. In the case of contacts are not legally related based on what was written in the agreement because the agreement in question was never valid. This type of agreement can never be void because it was never a legal contract, to begin with. In general, a contract that cannot be legally enforced by either party is considered to be valid.
Judicial decisions based on this legal maxim and relevant paragraphs
Ab Initio means from the inception of the very beginning of the law/ act it was bad. Such a term is used about the law, agreement, deed, marriage, etc.
- Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC 128
The Supreme Court held that Article 13(1) of the Indian constitution could not apply to that case as the offence was committed before the commencement of the constitution and, therefore, the proceedings against the petitioner instituted in 1949, were not affected. The court observed that transactions that were past and closed and rights that had already vested under the existing laws would remain untouched on the commencement of the constitution, though the laws might become void under 13(1) of the constitution. The court explained that Article 13(1) did not in terms make the existing laws that were inconsistent with the void of the fundamental right ab initio or for all purposes.
- Saghir Ahmed v. State of U.P., AIR 1954 SC 728
The U.P. Road Transport Service Act, 1951, impugned Act empowered the State Government to run and operate the Road Transport Services exclusively itself or in conjunction with the railway. The Act was challenged inter alia on the ground that it infringed the fundamental rights of the petitioners to carry on the business of transport service as guaranteed by Article 19(1)(g) and hence void under article 13(2) of the Indian Constitution. This act has undergone in a matter of ab initio in front of a court.
- Mohori Bibee vs Dharmodas Ghose (1903) ILR 30 Cal 539 (PC)
The respondent Dharmodas Ghose who was a minor acquired a loan from Brahmodutt by (appellate) using a fake identity to become the sole owner of immovable property. The minor then filed a suit against Brahmo Dutt by his mother and guardian to appeal a court to cancel the mortgage deed. The court accepted an appeal from the respondent he canceled the deed. Therefore, the appellate to the privy council appellate died at the time of the creation of the appeal. So he was restored by his successor, Mohori bibee. According to the Indian Contract Act, this contract is deemed void ab initio.
Conclusion
Most of the expressions or phrases you will find in the Latin Language since it influences the Roman legal system. Ab Initio is a legal phrase of Latin origin. Ab means ‘from’ and Initio means ‘start or beginning’ hence the phrase means, from the very beginning. According to the maxim, proposition in law within a court’s jurisdiction, a certain document that purports the affect legal rights is or was null and void from its beginning, because of some vitiating elements. In a nutshell, there are various illustrations and court cases to comprehend the meaning of the legal maxim “Ab Initio”.
References
- https://bnblegal.com/void-ab-initio/
- legalities.in/ab-initio-meaning-origin-application-case-laws/
- https://lawtimesjournal.in/ab-initio/
- https://www.upcounsel.com/ab-initio-definition-law#ab-initio-in-
contract-law
