Ab Initio: Definition and Meaning

When a court deems something to be a case of ab initio, it indicates that the court's decision on the matter is effective as of the time the conduct in question occurred or as of the time the relevant circumstances were in place, not as of the time the court rendered its decision. Numerous contexts call for the use of the phrase ab initio. Such things as a contract, a statute, a deed, etc., can be declared void ab initio, which means void from the start.

Something that is claimed to be void ab initio never existed or was void in the beginning. Contracts, real estate, and weddings frequently employ the phrase invalid ab initio.

What is the Meaning of Ab Initio?

A Latin term “ab initio” that means "from the first act," "from the beginning," or "from inception". A contract is said to be "void ab initio" if it is never recognized as legal by law. Numerous situations call for the use of the phrase ab initio.

Therefore, ab initio means − “From the beginning “

Illustration of ab initio

A party may be a trespasser from the start, a deed or agreement may be void, a marriage may be illegal, or an estate may be considered to be in good standing.

Important Cases

There are various case laws which talks about the Latin word “ab Initio” but we will discuss some important case laws−

• Mohiri Biwi vs Damodar Das,1903: In this case, the Privy Council court declared that a minor's contract is void ab initio, meaning that it is void from the starting.

• Keshavan Madhava Menon vs State of Bomaby,1951: The Supreme Court ruled that because the offense was committed prior to the constitution's passage, Article 13(1) of the Indian Constitution could not be applied to the situation. As a result, the 1949−initiated legal actions against the petitioner were unaffected. The court pointed out that even though the previous laws might be declared invalid under Article 13(1) of the constitution, transactions that had already taken place and been finalized, as well as rights that had already accrued under them, would be unaffected when the new constitution took effect. The court clarified that, despite what Article 13(1) purported, existing legislation that violated fundamental rights was not automatically declared invalid or unenforceable in any way.

• Saghir Ahmed vs State of UP,1954: The U.P. Road Transport Service Act of 1951 was declared void from the beginning. Under the contested Act, the state government was given the authority to manage and run the Road Transport Services either solely on its own or in collaboration with the railway. The Act was contested, among other things, on the grounds that it violated the petitioners' basic rights to operate a transportation service as provided by Article 19(1)(g) of the Indian Constitution and was therefore invalid under Article 13(2).

Conclusion

In legal jargon, it means that:

• If any legal arrangement is void ab initio, it is invalid from the moment it was meant to exist, not only from the moment it was pronounced invalid.

• A person becomes a trespasser by definition if they invade someone else's private property (real estate) with legal permission but then abuse that permission.

Frequently Asked Questions

Q: What is ab initio theory?

Ans: Ab initio, which is Latin term implies that one starts from the beginning. On the other hand, in the field of computer science, its meaning is − computations of atomic nuclei, this means that the relevant degrees of freedom should be quarks and gluons.

Q: Is void ab initio voidable?

Ans: A void agreement is void ab initio, i.e. from the beginning; on the other hand, a voidable contract can be voidable by one or all of the parties. Secondly, a voidable contract is not void ab initio, rather, it becomes void later due to some changes in condition.

Q: What is an example of ab initio law?

Ans: A, a minor enters into an agreement with B for buying a particular property. B transfers the property in his name but A fails to make the payment. B cannot sue A for the non−payment since the agreement is void ab initio.

Q: What is ab initio in Indian Constitution?

Ans: In Indian Constitution ab initio means “Void means prospectively void and void ab initio means void from its very inception, or in other words, retrospectively void, the word void as used in Article 254(1) of the Constitution.

Q: What does Ab initio exactly define?

Ans: It is the legal phrase which means from the beginning or from the starting point.