relied upon,
even at the stage of execution in a collateral proceeding. Moreover, it was held that a
defect of jurisdiction, whether pecuniary or territorial
conviction by criminal court,
cannot be taken away in a collateral proceeding behind the back of the
employer. But the High Court dismissed the miscellaneous
notice of
the same and it can be disregarded in
collateral proceeding or otherwise. The
other type of void act, e.g., may be
transaction
only to make it a
presumptive piece of evidence in a collateral proceeding:
that is to say, in a suit based on title when such
primary proceedings and the proceedings u/s 263
passed equated to collateral proceedings. It has further been held based on various judicial
pronouncements ... challenged even in appellate proceedings arising out of a collateral
proceeding. In view of the aforesaid legal position we admit the additional grounds for
adjudication
Essar Shipping Limited , Mumbai vs Principal Commissioner Of Income Tax - ... on 30 September, 2019
IN
primary proceedings and the proceedings u/s 263 passed
equated to collateral proceedings. It has further been held based on
various judicial pronouncements ... challenged
even in appellate proceedings arising out of a collateral proceeding. In
view of the aforesaid legal position we admit the additional grounds for
adjudication
challenged and
declared as “not valid”, its correctness cannot be considered in
collateral proceedings. In M. Meenakshi, it was held as under ... order
cannot be declared to be void in a collateral proceeding and that too
in the absence of the authorities who were the authors thereof
whose
Deed of Adoption is invalid, to institute a suit or other proceeding for having
the said invalidity declared.
15. Emphasis of the counsel ... worthless; sipher; useless and ineffectual and may be
ignored even in collateral proceeding as if it never were. It was further held
that a thing
clearly established that he
has not conducted himself with due diligence before
proceeding further with the agreement and the suit for
specific performance ... stage including at the stage
of execution or even in a collateral proceeding.
iii. A.Abdul Rashid Khan and others