validate the decree. Being a void decree, it can be attacked
collaterally and the petitioner can set up a defence that the
decree cannot ... relates to the fraudulent conveyance and
lien, may not be attacked collaterally. Seeming to be in
conflict with the last statement is the holding
wrongful assumption of jurisdiction which cannot be a ground for
a collateral attack; it is not even the case of the petitioner that the
respondents ... relied upon. In
other words, it is subject to collateral attack. An order which is
void may be directly and collaterally challenged in legal
proceedings
matter thereby
adjudicated upon. The Judgment will be open to collateral
attack on the _grounds mentioned in the five clauses ... being a jurisdictional fact, the Nevada decree
is open to the collateral attack that the respondent was not
a bona fide resident of Nevada, much
such appeal having been filed, it is not open to any collateral attack by means of an 'application Under Section 561-A , Criminal Procedure ... Order 23 Rule 1 Civil Procedure Code is not open to collateral attack in a fresh suit instituted upon leave which was so granted
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 a collateral attack.
12. Mr. Vakharia vehemently argued that the distinction between a real
members of the Commission as this will amount to a collateral attack on the Public Service Commission and its members who were admittedly discharging ... appointment of its members as this will amount to a collateral attack on the constitution of the Public Service Commission and the appointment
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."
13. The second and an equally important aspect that was laid to rest
Selection Committee and according to him, this amounts to collateral attack on the constitution of the Selection Committee and according to him, this
redress their grievances.
COLLATERAL CHALLENGE:
71. 'Collateral Challenge', variably referred to as
WA1645 & 1866/10 50
'Collateral Attack' as defined ... habeas corpus is one type of
collateral attack. -- Also termed indirect
attack. Cf. DIRECT ATTACK (1). [Cases:
Criminal Law 1407; Habeas Corpus 203;
Judgment
policy that the use of a civil action to initiate a collateral attack on that decision was an abuse of the process of the court ... public policy should be made, which, in the case of a collateral attack in a court of coordinate jurisdiction, was whether the fresh evidence entirely
