second place, If the principle were sound, any judgment might be collaterally attacked by contending: that it was in violation of such rules of procedure ... made without jurisdiction for the purposes, not of direct but merely collateral attack in a subsequent suit. In Sardarmal Jagonath v. Aranvayal Sabhapathy Moodliar
does not seem to regard it as something that can be attacked collaterally be that any one can treat the purchaser as a trespasser ... that a 'void sale' is one which can be attacked collaterally as having transferred no title at all to the purchaser
violat the principles of natural justice and there cannot be an collateral attack, observed as follows:
"But we do hold that an order which ... third respondent dated 19-8-1971 can make a collateral attack against the order of cancellation dated 15-12-1970. We find that the impugned
brought into jeopardy in that fashion. Hence the rule against collateral attack on validity of judicial appointments. To question a Judge's appointment ... appeal against his judgment is, of course, such a collateral attack...."
21. The de facto doctrine was invoked by the Supreme Court
remedy of a civil suit which is by way of a collateral attack and which would be available in every case for ultra vires orders ... general remedy of a civil suit by way of collateral attack. Applying the same ratio it is obvious that as rule 86(1)(c) does
brought into jeopardy in that fashion. Hence the rule against
collateral attack on validity of judicial appointments. To question
a judge's appointment ... appeal against his judgment is, of
course, such a collateral attack."
(emphasis supplied)
24. We find that in the facts of the present case
brought into jeopardy in that fashion. Hence the rule against
collateral attack on validity of judicial appointments. To question
a judge's appointment ... appeal against his judgment is, of
course, such a collateral attack."
(emphasis supplied)
24. We find that in the facts of the present case
important question is as to what is a collateral attack. As Koshi, J. himself observed, there was serious controversy on this point in the case ... Bench of the High Court which decided the appeal was a collateral attack which the law did not permit. To me the matter does
brought into
jeopardy in that fashion. Hence the rule against collateral
attack on validity of judicial appointments. To question a
Judge's appointment ... collateral proceeding for challenging the award. The Supreme
Court held that the proceedings by way of a Writ Petition were taken
not collaterally for attacking
relied upon. In other words, it is subject to a “collateral
attack”. But, in Nawabkhan Abbaskhan vs. State of
Gujarat22 , followed in Bharati Reddy ... could be treated as void and, therefore, vulnerable to
a collateral attack.
26. To appropriately address the aforesaid issue, it
would be useful to first
