Collateral Proceeding - Judgment Search Results

Muthamilselvan and ors. Vs. A. Manickam and ors.

Court: Chennai

Reported in: 2004(4)CTC650; (2004)4MLJ131

..... validity of the said order is put in issue such proceedings are said to be collateral proceedings consequently the expression collateral proceedings is so understood the present suit instituted by the ..... and it can even be challenged collaterally without a prayer for setting it aside the expression collateral proceedings is used in contradiction to proceedings arising directly out of the very .....

Aradhana Industries Pvt. Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2004)(94)ECC564

..... that an order which is ab initio void can be challenged in collateral proceedings first of all present proceedings are not collateral as they have not arisen out of order passed by the dy ..... found to be void for violation of principles of natural justice can be attacked in collateral proceedings initiated on the basis of such void order he therefore contended that the present .....

Commissioner of Endowments and ors. Vs. Vittal Rao and ors.

Court: Supreme Court of India

Reported in: AIR2005SC454; 2005(2)ALD112(SC); 2005(2)AWC1984(SC); JT2004(10)SC113; 2004(9)SCALE660; (2005)4SCC120

..... be enforced or relied upon even at the stage of execution and even in the collateral proceedings 6 the observations made by the learned single judge while dismissing the second appeal confirming ..... disposing of the writ petition issue should be framed or evidence should be recorded etc proceedings under article 226 of the constitution of india stand on a different footing when compared .....

Mangu Singh (by Lrs) Vs. Banki Das (by L.Rs.)

Court: Rajasthan

Reported in: AIR2005Raj109; RLW2005(2)Raj949; 2005(2)WLC263

..... appellants if the legal representatives are made party in the cross appeal or in collateral proceedings then in that fact situation those legal representatives may be treated to have been ..... where during the pendency of the appeal or suit some collateral or interlocutory application or appeal arising out of that collateral proceeding was pending and legal representatives of the deceased were taken .....

Smt. Dayamathi Bai Vs. Sri K.M. Shaffi

Court: Supreme Court of India

Reported in: AIR2004SC4082; 2004(6)ALT16(SC); 2004(3)AWC2588(SC); 98(2004)CLT624(SC); 2004(4)CTC226; [2004(4)JCR5(SC)]; JT2004(6)SC217; (2005)140PLR798; RLW2004(4)SC513; 2004(6)SCALE440

..... proved the lower appellate court observed that although the original deed was available in the collateral proceedings the plaintiff took no steps to produce it before the trial court in the present ..... have met it by calling for the original sale deed which was on record in collateral proceedings but as there was no objection from the appellant the sale deed dated 14 11 .....

Ashis Kumar Ghosh and ors. Vs. Gopal Chandra Ghosh, Being Dead, His He ...

Court: Kolkata

Reported in: 2004(3)CHN146

..... if the validity of a decision comes in question in a collateral proceeding on the strength of which right is claimed where the ..... not bind the parties and can be challenged as such in collateral proceedings even on question of fraud or other ground relating to ..... in which the plaintiffs were seeking to restrain the respondents from proceeding with some suit against some other persons therefore in such .....

Schriro Vs. Summerlin

Court: US Supreme Court

..... in a death case for those interests are comparative in nature and death related collateral proceedings in any event may stretch on for many years regardless cf teague supra at 321 ..... part and concurring in judgment a major reason that justice harlan espoused limited retroactivity in collateral proceedings was the interest in making convictions final an interest that is wholly inapplicable to the .....

Banks Vs. Dretke

Court: US Supreme Court

..... state procedures counsels against a requirement that all possible claims be raised in state collateral proceedings even when no known facts support them footnote 16 finally relying on roviaro v ..... convey untruthfully that his testimony was entirely unrehearsed through direct appeal and state collateral review proceedings the state continued to hold secret the key witnesses links to the police .....

West Bengal State Weaver's Co-op Society Ltd. and Ors. Vs. Dr. Bibhaba ...

Court: Guwahati

..... called in question in any original suit application or execution proceeding bar collateral proceedings the section imposes a total bar the correctness of the ..... be questioned by way of appeal or by way of collateral proceedings it is true that the expression final may have a ..... lays down is that the question as to whether a proceeding commenced under an act governing relationship of landlord and tenant .....

Parth Rasayan Pvt. Ltd. Vs. State Appellate Forum and ors.

Court: Madhya Pradesh

Reported in: 2005(1)MPLJ506; [2006]146STC447(MP)

..... judgment is overruled must submit to that judgment he cannot in the same proceedings or in collateral proceedings between the same parties re write the overruled judgment even if it was ..... transparency but also instill and inspire confidence in the impartiality of the court proceedings 24 unlike suits proceedings under article 226 of the constitution are not conducted strictly following the .....