Collateral Proceeding - Year 2016 - Judgments

Jun 06 2016 (HC)

K.V. Shivakumar and Others Vs. National Institute of Mental Health and ...

Court: Karnataka

Decided on: Jun-06-2016

..... refers to various decisions reads as follows under section 44 a party can in a collateral proceeding in which fraud may be set up as a defence show that a decree or ..... decision in the said case would operate as res judicata in a subsequent proceeding the finding on an issue collateral or incidental to substantive issue does not operate as res judicata when such .....

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Jun 06 2016 (HC)

K v Shivakumar Vs. National Institute of Mental Health and Neuro

Court: Karnataka

Decided on: Jun-06-2016

..... refers to various decisions reads as follows under section 44 a party can in a collateral proceeding in which fraud may be set up as a defence show that a decree or ..... decision in the said case would operate as res judicata in a subsequent proceeding the finding on an issue collateral or incidental to substantive issue does not operate as res judicata when such .....

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Mar 04 2016 (HC)

Sarasamma Vs. G. Pandurangan and Others

Court: Chennai

Decided on: Mar-04-2016

..... every court whether superior or inferior it can be challenged in any court even in collateral proceedings 5 the high court in our view fell into patent error the short question before ..... frivolous allegations to cover up their design and thwart the defendant from effectively prosecuting legal proceedings the ultimate intention of the deceased first plaintiff mr pandurangaj and s nagarajan was to .....

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Jul 04 2016 (SC)

M/S Anita International Vs. Tungabadra Sugar Works Maz.Sangh and Ors.

Court: Supreme Court of India

Decided on: Jul-04-2016

..... to be enforced or relied upon even at the stage of execution and even in collateral proceedings a defect of jurisdiction whether it is pecuniary or territorial or whether it is in ..... use of any statutory mechanism for appeal or review collateral challenges arise when the invalidity is raised in the course of some other proceedings the purpose of which is not to establish .....

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Feb 15 2016 (HC)

Madayi Syamala and Another Vs. Sudha Sundareswaran and Others

Court: Kerala

Decided on: Feb-15-2016

..... fraud on the court can be challenged in any court even in collateral proceedings in so far as it was held by this court in the ..... a fraud to be a ground for vacating a judgment in a collateral proceedings in a v papayya sastry v govt of a p supra in ..... and this court also confirmed the decision in the eviction petition thereupon proceedings have been initiated for execution of the order of eviction by the .....

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Aug 29 2016 (HC)

N. Gowthaman @ Babu Vs. The Government of Tamil Nadu, represented by i ...

Court: Chennai

Decided on: Aug-29-2016

..... court no grievance can be made of it in a collateral proceedings like habeas corpus petitions and writ petitions it does not mean ..... cannot be assailed as violative of fundamental rights in collateral proceedings 82 thus on a harmonious reading of sections 8 10 ..... empowered to pass sentence under section 8 before submitting his proceedings and forwarding an adolescent offender to the chief metropolitan .....

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Jun 23 2016 (HC)

D. Ramagopal and Another Vs. Kalpalatha Rajan I.R.S., The Asst., Commi ...

Court: Chennai

Decided on: Jun-23-2016

..... not traceable and this is evident from the other orders passed by this court in collateral proceedings at the instance of the petitioner sri d ramgopal and one sri r viswanathan and ..... petitioner sought to direct third respondent commissioner of income tax to withdraw income tax assessment proceedings of petitioners for assessment from file of assistant commissioner of income tax central and deputy .....

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Oct 06 2016 (HC)

Pratap G. Somaiya and Others Vs. Rajesh Thakker and Others

Court: Mumbai

Decided on: Oct-06-2016

..... sc 3789 and particularly on para 9 of the said judgment he submitted that in collateral proceedings therefore without challenging the award the relief claimed by the arcil could not have been ..... for the appellant was that the chamber summons taken out by arcil in collateral proceedings viz in the execution proceedings which were filed by the appellants i e the claimants and respondents in .....

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Apr 29 2016 (HC)

Katta Subramanya Naidu Vs. State of Karnataka, By Lokayuktha Police, B ...

Court: Karnataka

Decided on: Apr-29-2016

..... ordinate bench of this court cannot be questioned in a collateral proceedings pending before this court he has relied upon the concept ..... payment of compensation for all these reasons the continuation of proceedings against the petitioner is nothing but abuse of power and ..... cr p c before this court requesting court to quash proceedings initiated against him in crime which was dismissed hence instant .....

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Aug 16 2016 (HC)

A. Vivekanandan Vs. The Inspector of Police, CB-CID (Unit-II), Chennai ...

Court: Chennai

Decided on: Aug-16-2016

..... in the case at hand itself came to light in a collateral proceedings before this court and only thereafter on the complaint given by ..... pursuant to the direction issued by the high court during a proceedings in which this court had observed a gargantuan fraud in respect ..... that there are sufficient materials on record for the trial to proceed against the petitioner in state of haryana vs bhajan lal 1992 .....

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