1866/10 20
proceedings. According to him, there cannot be any
collateral challenge to any Governmental directive. On this
issue, to countervail the judicial precedents ... core of the matter is determination
of sustainability of collateral challenge to an executive
measure of the State vis-`-vis one of its instrumentalities,
WA1645
COMPLIANCE -- Invalidating effect not uniform ; of wide range subject to collateral-challenge or adjudication by Court -- Meantime decision/order effective.
The invalidating effect ... safely be ignored and admit of a collateral-challenge. But between one end to the other, there are various shades and degrees of invalidity
upon by Amazon for the proposition that an order
has to be challenged to assert coram non judice are not applicable to the
facts ... Emergency
Arbitrator Therefore, due to the lack of jurisdiction even in collateral
proceedings, this Court can hold that the Emergency Arbitrator has no legal
status
Government orders relied on by the petitioner can
be subjected to collateral challenge in this proceedings. Reliance was
placed on the decisions of the Apex ... though in the
counter affidavit the fourth respondent has raised a collateral
challenge to the validity of the said Government orders. The main
question that
Omprakash Verma & Ors vs State Of A.P. & Ors on 8 October, 2010
warranto cannot justi-
fy the argument that the appointment was being challenged
collaterally in a proceeding takes to challenge the award.
Considering the averments ... hold that office. Besides, the Chief
Justice's appointment was challenged collaterally in appli-
cations for leave to appeal to the Supreme Court against
remedy
based on concept of nullity and collateral attack is inap-
propriate. [521H]
(b) In a collateral challenge the exercise is not the
invalidation ... presumed to be valid till set aside. Doc-
trine of collateral challenge will not apply to a decision
which is valid ex-hypothesis and which
Court stated that:-
"Suffice it to say that in a collateral
challenge the exercise is not the
invalidation of a decision, but only ... must be
presumed to be valid till set aside.
Doctrine of collateral challenge will
not apply to a decision which is valid
ex-hypothesi
based on concept of nullity and collateral attack is inappropriate. Suffice it to say that in a collateral challenge the exercise is not the invalidation ... must be presumed to be valid till set aside. Doctrine of collateral challenge will not apply to a decision which is valid ex-hypothesi
appeal or revision and the circumstances in which orders can be collaterally challenged. The Supreme Court held thus:
"Suffice it to say that ... collateral challenge the exercise is not the invalidation of a decision, but only to ascertain whether the decision "exists
