order can be challenged on the
ground of fraud in a collateral proceeding without any suit
for setting aside the decree came up for consideration ... pronounced
it. But the judgment may also be impeached
in a collateral proceeding in which fraud may
be set up as a defence
order can be challenged on the
ground of fraud in a collateral proceeding without any suit
for setting aside the decree came up for consideration ... pronounced
it. But the judgment may also be impeached
in a collateral proceeding in which fraud may
be set up as a defence
neither be
set aside/revoked by the Collector in collateral
proceeding including departmental proceedings
nor it can be impliedly be set aside in
Collateral proceeding ... duly constituted revenue proceeding is
binding on Collector in a disciplinary
/collateral proceeding.
(Hindi)
ककसस अननशशसननक / ससपपरररर क कशररवशहस मम तहससलदशर दशरश,
नवनधनवत रशजसव पककरश
same cannot be permitted to be challenged in a collateral
proceeding.
10. In view of the above, we do not find any infirmity
rendered by the court are not overturned
frequently, that too, when challenged
collaterally as that was directly affecting the
basic structure of the Constitution
incorporating ... inter se between the
parties, it cannot be reopened in a collateral proceeding.
However, it has been observed that an issue
appropriate proceeding. They were not the subject
matter of the said suit and the validity or otherwise of the said
proceeding could not have been ... order cannot be
declared to be void in a collateral proceeding and that too in absence
of the authorities who were the authors thereof
that before such a contention is raised in the latter suit
or proceeding, it is not necessary to file an independent suit.
The passage from ... reads as follows:
“Under Section 44 a party can, in a collateral proceeding in
which fraud may be set up as a defence, show that
suit itself but is one that
arises in a collateral proceeding and has to be got decided before
the suit
judgment attained finality, it cannot be re-agitated in
any collateral or incidental proceeding. In " Rudra Kumar
Sain and Ors. Vs. Union of India ... decision
rendered by the Competent Court cannot be challenged in
a collateral proceeding for the reason that it is not
permissible
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
