Collateral Proceeding - Judgment Search Results

Whorton Vs. Bockting

Court: US Supreme Court

..... to cases still on direct review and applies retroactively in a collateral proceeding only if it 1 is substantive or 2 is a watershed ..... u s 314 1987 a new rule applies retroactively in a collateral proceeding only if 1 the rule is substantive or 2 the rule ..... circumstantial guarantees of trustworthiness and b the child testifies at the proceeding or is unavailable or unable to testify 2 in determining the .....

Carona Ltd. Vs. Parvathy Swaminathan and Sons

Court: Supreme Court of India

Reported in: AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559

..... certiorari to quash the decision or in any other appropriate form of proceedings including indirect or collateral proceedings affidavit evidence is admissible on a disputed issue of jurisdictional fact although ..... act 1986 c a no 1 1986 section 22 suspension of proceedings against sick company eviction proceeding held eviction proceedings is not barred by section 22 state of maharashtra air2002bom65 .....

Subramani Vs. Ramasamy and Sengoda Gounder

Court: Chennai

Reported in: 2007(2)CTC429; (2007)3MLJ22

..... advance substantial justice the court below ought to have considered the same 6 in the collateral proceedings approach of the court must be to advance substantial justice and not to defeat the ..... to ensure that substantial rights of parties are not defeated by reason of decision in collateral proceedings the said observation is applicable to the case in hand learned counsel for the petitioner .....

Dr. (Mrs.) Seshu Lavania and anr. Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2008(2)AWC1441

..... 31 3 2000 are such issues which cannot be reopened in collateral proceedings and that too at such a late stage besides the fact ..... also promotion to the post of reader cannot be challenged in collateral proceedings that too after such a long time the respondent joined as ..... to challenge after such a long time and that too in collateral proceedings for the same reason also the grant of extra ordinary leave .....

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court: Karnataka

Reported in: ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

..... notice of the same and it can be disregarded in collateral proceeding or otherwise the other type of void act e g ..... for appeal or review collateral challenges arise when the invalidity is raised in the course of some other proceedings the purpose of ..... to the property therefore president was authorised to initiate suitable proceedings against such illegal allottees and further he was authorised to .....

A.V. Papayya Sastry and ors. Vs. Government of A.P. and ors.

Court: Supreme Court of India

Reported in: AIR2007SC1546; 2007(6)ALD86(SC); 2007(3)AWC2538(SC); JT2007(4)SC186; (2007)3MLJ784(SC); 2007(4)SCALE88; (2007)4SCC221

..... be challenged in any court at any time in appeal revision writ or even in collateral proceedings 20 in the leading case of lazarus estates ltd v beasley 1956 1 all er ..... by taking undue advantage of another even most solemn proceedings stand vitiated if they are actuated by fraud fraud is thus an extrinsic collateral act which vitiates all judicial acts whether in .....

State of H.P. and ors. Vs. Smt. Annapurna Pathak and ors.

Court: Himachal Pradesh

Reported in: AIR2007HP88

..... of the additional district judge to hear the matter in collateral proceedings 19 in the present case it is not the case ..... him or in an appeal but definitely cannot be challenged in collateral proceedings 20 similarly the objection raised that the petition for grant ..... court specific reference has been made to the land acquisition proceedings and the regular first appeal pending in this court the .....

Shri Shivraj Krishan Gupta, Vs. Sh. Chander Krishan Gupta,

Court: Delhi

Reported in: 2007(96)DRJ466

..... a person has a right to set up a will even in collateral proceedings and there is no need of obtaining probate the relevant paras are ..... a person has a right to set up a will even in collateral proceedings and there is no need of obtaining probate thereof in this ..... the will and codicil are not registered documents it is in another proceedings pending before this court in rfa 51 2005 the counsel for .....

India Media Services Pvt. Ltd. Vs. Newsprint Trading and Sales Corpora ...

Court: Kolkata

Reported in: (2007)3CALLT606(HC)

..... can be agitated at any and every time even in a collateral proceeding in support of his contention he has relied on the judgment ..... stage when it is sought to be enforced even in a collateral proceedings but in my opinion there must be a limit and timing ..... are clearly distinguishable as in those cases the initiation of the proceedings was bad as the court concerned had inherently lacked jurisdiction .....

Jayalakshmi Vs. Arokkiamary,

Court: Chennai

Reported in: AIR2007Mad293; (2007)4MLJ946

..... for a right even at the stage of execution or in collateral proceedings 33 in 1971 1scr66 cited supra the supreme court held that ..... assailed at any stage including at the execution or in a collateral proceedings since it strikes at the very jurisdiction and authority of the ..... objection as to its validity may be raised in an execution proceeding if the objection appears on the face of the record 34 .....