jurisdiction.
Judgment within a jurisdiction has to be immune from collateral
17
attack on the ground of nullity. It has corelation with the
constitutional
mischief". However, they pointed out also to the Rule against collateral attack, as a limitation of the doctrine. In the appeal preferred, the conviction ... with approval and in this case also primacy of rule against collateral attack was stressed.
14. It is necessary to analyse carefully inherent limitations
judgment has been ordinarily,
although not invariably, regarded as a collateral
attack on the judgment.
43
The reasons for this cautious application of this
jurisdiction ... relied upon. In other words, it is subject to
'collateral attack'."
Kelson's view, when a court holds
K. Anbazhagan vs State Of Karnataka And Others on 15 April, 2015
Author: Madan B
jurisdiction is a nullity and is open
to collateral attack, an order passed by an authority which
has jurisdiction over the matter, but as assumed ... subject to that it is good and not open to
collateral attack. Therefore even if the proceedings for
assessment were taken against a nonregistered dealer
decision of the Tribunal of exclusive jurisdiction cannot be collaterally attacked;
(v) The principle formulated in Anisminic v. Foreign Corporation ... applied only in a direct attack and not open to a collateral attack; and
(vi) If the Court of Tribunal had inherent jurisdiction to entertain
earlier writ petition, the petitioner
has made yet another collateral attack by questioning the title of
Respondent No. 2 to the office of Lokayukta ... counsel for the State submitted that the
petitioner has made a collateral attack by seeking a writ of quo warranto
to enquire by what authority
though foreign judgments have been made conclusive, they are open to collateral attacks on the grounds (a) to (f) mentioned therein.
13. Section ... jurisdictional fact, and a foreign divorce decree is, therefore, subject to collateral attack for lack of jurisdiction even where the decree contains the findings
assailed by quo warranto in a direct, rather than a collateral, attack. Other matters are properly assailed by collateral attack, rather than quo warranto proceedings ... warranto itself may employed as a method of collateral attack.
Quo warranto is not a writ of correction or review. It is not an alternative
question, it is advantageous to consider the confines and limit of collateral attack of a decision of a court or tribunal on the ground ... question whether the order on Ext. B2 is liable to be attacked collaterally on the ground of fraud.
22. It is in evidence that Aminumma
