Collateral Proceeding - Judgment Search Results

Massaro Vs. United States

Court: US Supreme Court

..... cause and prejudice held an ineffective assistance of counsel claim may be brought in a collateral proceeding under 2255 whether or not the petitioner could have raised the claim on direct appeal ..... under 2255 we hold that an ineffective assistanceof counsel claim may be brought in a collateral proceeding under 2255 whether or not the petitioner could have raised the claim on direct appeal .....

Union of India (Uoi), Through the General Manager, South Eastern Railw ...

Court: Kolkata

Reported in: 2004(1)ARBLR228(Cal),2004(2)CHN498

..... the interim award without demur the appellant is estopped from raising the aforesaid plea in collateral proceedings particularly in the facts of this case 30 there is no dispute over the legal ..... are of clear opinion that the plea of limitation at a belated stage in a collateral proceeding of the present nature cannot be entertained and the learned single judge rightly rejected such .....

Commissioner of Central Excise Vs. Gopi Synthetics Ltd., Alok

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(164)ELT172Tri(Mum.)bai

..... is bad in law and therefore can be questioned in any collateral proceedings he relied upon the decision of the madras high court in ..... passed by the commissioner one can challenge that order in a collateral proceeding such as a claim for refund of duty arising out of ..... apc itself is illegal and so it can be challenged in collateral proceedings he averred that the case be remanded back to the deputy .....

Lambadi Pedda Bhadru and ors. Vs. Mohd. Ali HussaIn and ors.

Court: Andhra Pradesh

Reported in: 2003(4)ALD673; 2003(4)ALT611

..... for confirmation or adoption by any other authority those orders cannot be impeached indirectly in collateral proceedings the authorities under the act are duty bound to act judicially in conformity with the ..... law 65 it is submitted that it can be challenged in any court even in collateral proceedings 66 fraud avoids all judicial acts ecclesiastical or temporal observed chief justice edward coke of .....

State of U.P. Vs. Ramgarh Farms Ltd.

Court: Allahabad

Reported in: 2004(2)AWC1199

..... upon even at the stage of execution and even in collateral proceedings a defect of jurisdiction whether it is pecuniary or territorial or whether ..... notice of the same and it can be disregarded in collateral proceeding or otherwise the other type of void act e g may be ..... said order has not been challenged by the company in a collateral proceedings it cannot be ignored altogether unless it is set aside this .....

Sanjeev G. Devre and ors. Vs. the State of Maharashtra and ors.

Court: Mumbai

Reported in: 2004(1)ALLMR75; 2004(4)BomCR302; 2004(2)MhLj103

..... every court whether superior or inferior it can be challenged in any court even in collateral proceedings 13 in ronald hyacinth mendosa v state of maharashtra a division bench of this court ..... be false such large number of medical certificates could not have been issued except for collateral reason and probably for extraneous consideration the certificates were used by respondent nos 4 to .....

Mohammad Shafi Bhat Vs. Mohd. Iqbal Mir and ors.

Court: Jammu and Kashmir

Reported in: 2003(2)JKJ328

..... upon even at the stage of execution and even in collateral proceedings a defect of jurisdiction whether it is pecuniary or territorial ..... stage even at the stage of execution and even in collateral proceedings notwithstanding period of limitation provided in the limitation act it ..... decree which is a nullity being without jurisdiction in any proceedings in which it is sought to be enforced against a .....

Y. Venugopala Reddy Vs. Cit

Court: Karnataka

Reported in: [2003]130TAXMAN224(Kar)

..... not open to the petitioner to question the same in a collateral proceeding at any rate he cannot request the designated authority to ..... as rs 51 458 the assessing officer simultaneously initiated penal proceedings under section 13 of the interest tax act the petitioner ..... or by necessary implication the propriety of adjustment is a collateral issue which the commissioner is not called upon to decide .....

Sarwan Kumar and anr. Vs. Madan Lal Aggarwal

Court: Supreme Court of India

Reported in: AIR2003SC1475; 103(2003)DLT20(SC); JT2003(1)SC607; 2003(1)SCALE722; (2003)4SCC147; [2003]1SCR918; 2003(1)LC513(SC)

..... for a right even at the stage of execution or in collateral proceedings the defect of jurisdiction strikes at the authority of the ..... including the stage of execution of the decree or any other collateral proceedings we are conscious of the fact that it would work ..... by a court lacking inherent jurisdiction could be raised in execution proceedings and the finding recorded in decree that the civil court .....

Ram Niwas and ors. Vs. State of Haryana and ors.

Court: Punjab and Haryana

Reported in: (2003)133PLR704

..... obtained by a party by fraud can be avoided at any time and even in collateral proceedings once it was brought to the notice of the financial commissioner that the order dated ..... every court whether superior or inferior it can be challenged in any court even in collateral proceedings the high court in our view fell into patent error the short question before the .....