collateral proceedings. However, it is very ; much doubtful that the respondent-Corporation can take up such contention by way of collateral attack. Even ... Hence if fails.
Can the award be challenged by way of collateral attack ?
19. It is evident that the Industrial Tribunal constituted under the provisions
imaginary claim.
It is settled law that no Judgment can be attacked collaterally. In the instant case the attack is as though the first appellant ... that stage and oppose. This is not a case of collateral attack. Fraud unravels everything. Where, therefore, fraud on power had been exercised this Court
himself filed the earlier litigation and has failed. He cannot collaterally attack the judgment and again repeatedly file suits after suits and thus harass ... court of justice for the purpose of mounting a collateral attack on a final decision adverse to the intending plaintiff reached by a court
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
competent jurisdiction cannot be denuded of its efficacy by any
collateral attack or in incidental proceedings."
(emphasis supplied)
From the above decisions ... illegal decision, which is not void, cannot be objected in execution or
collateral proceedings.
Before more than a century, in Malkarjun Bin Shidramappa Pasare
Arul Daniel vs Suganya on 4 May, 2022
Author: P.N Prakash
Bench: P.N
Court of Justice for the purpose of mounting a collateral attack on a final decision adverse to the intending plaintiff reached by a Court ... abuse of the process of the Court;
(2) The fact that collateral attack is by means of a civil action raising an identical issue decided
partition could not be the subject matter
of a collateral attack in the present proceedings as the
same had been considered and decided in proceedings ... cannot be the subject-matter of a collateral
attack in the present proceedings which can only be
commenced after proceedings under
competent jurisdiction cannot
be denuded of its efficacy by any collateral
attack or in incidental proceedings.
9. In Vasudev Dhanjibhai Modi Vs. Rajabhai
Abdul Rehman
M/S Pan Realtors Pvt.Ltd. vs State Of U.P.Thr.Addl.Chief ... on
