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1 - 5 of 5 (0.75 seconds)The Rajasthan Sales Tax Act, 1994
Kiran Singh And Others vs Chaman Paswan And Others on 14 April, 1954
15.All irregular or erroneous or even illegal orders cannot be
held to be null and void as there is a fine distinction
between the orders which are null and void and orders
which are irregular, wrong or illegal. Where an authority
making order lacks inherent jurisdiction, such order would
be without jurisdiction, null, non est and void ab initio as
defect of jurisdiction of an authority goes to the root of the
matter and strikes at its very authority to pass any order
and such a defect cannot be cured even by consent of the
parties. (See: Kiran Singh & Ors. Vs. Chaman Paswan
& Ors.1). However, exercise of jurisdiction in a wrongful
manner cannot result in a nullity - it is an illegality,
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AIR 1954 SC 340
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capable of being cured in a duly constituted legal
proceedings.
Article 136 in Constitution of India [Constitution]
Section 8 in The Rajasthan Sales Tax Act, 1994 [Entire Act]
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