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Chief Justice Of A.P. & Anr vs L.V.A. Dikshitulu & Ors on 12 September, 1978

If the appointment of the respondent was wholly illegal and without jurisdiction and such an appointment had been obtained by practising fraud upon the appellant, the same was a nullity. We are, however, not oblivious of the fact that the same attained finality in view of the fact that the writ petition of the said Vidhya Devi was dismissed. Despite the same, the principles of res judicata shall not apply in a case of this nature. It is well- known that where an order is passed by an authority which lacks inherent jurisdiction, the principles of res judicata would not apply, the same being nullity. [See Chief Justice of A.P. v. L.V.A. Dixitulu, 1979 (2) SCC 34 and Union of India v. Pramod Gupta (D) By LRs. and Ors. (2005) 12 SCC 1] Moreover, any appointment in violation of the constitutional scheme would also be rendered a nullity.
Supreme Court of India Cites 45 - Cited by 767 - Full Document

Union Of India vs Pramod Gupta (D) By Lrs. & Ors on 7 September, 2005

If the appointment of the respondent was wholly illegal and without jurisdiction and such an appointment had been obtained by practising fraud upon the appellant, the same was a nullity. We are, however, not oblivious of the fact that the same attained finality in view of the fact that the writ petition of the said Vidhya Devi was dismissed. Despite the same, the principles of res judicata shall not apply in a case of this nature. It is well- known that where an order is passed by an authority which lacks inherent jurisdiction, the principles of res judicata would not apply, the same being nullity. [See Chief Justice of A.P. v. L.V.A. Dixitulu, 1979 (2) SCC 34 and Union of India v. Pramod Gupta (D) By LRs. and Ors. (2005) 12 SCC 1] Moreover, any appointment in violation of the constitutional scheme would also be rendered a nullity.
Supreme Court of India Cites 139 - Cited by 942 - S B Sinha - Full Document

Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006

Punjab Water Supply & Sewerage Board vs Ranjodh Singh & Ors on 6 December, 2006

Supreme Court of India Cites 15 - Cited by 373 - S B Sinha - Full Document

Municipal Corporation, Jabalpur vs Om Prakash Dubey on 5 December, 2006

Supreme Court of India Cites 23 - Cited by 62 - S B Sinha - Full Document

National Fertilizers Ltd. & Ors vs Somvir Singh on 12 May, 2006

Supreme Court of India Cites 22 - Cited by 325 - S B Sinha - Full Document
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