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...submission of the learned counsel as well. As already held above, the order dated 7.7.1952 was a void order. Such an order can be challenged at any time. In the above view, I am fortified...is no order in the eye of law and can be challenged at any time. Similar view was taken by O. Chinnappa Reddy, J. in Mohinder Singh ex-Patwari v. Punjab State, 1977 SLWR 447. In th...challenged at any time. It is further urged by him that the Deputy Minister of Development redressed the respondent's grievance vide order dated 14.5.1971, but for the reasons best known, the appellant...
...that the contention of the applicant, on the basis of the decision relied upon by them, is that the void order can be challenged at any time and the impugned order is passed in violation of the...matter, validity of such order can be challenged at any time and at any stage. The applicant also submitted that due to amalgamation of the company, the appellant could not file the appeals within...without jurisdiction, null, non est and void ab initio as defect of jurisdiction of an authority goes to the root of the matter and strikes at its very authority to pass any order and such a defect cannot...
...has already expired, I do not think that this Court will be justified in interfering with Ext. P7 order in a writ petition. There was no challenge to the impugned order at the relevant time. The petitioner does not...A.M Shaffique, J.:— Petitioner challenges Ext. P7, an order passed by the Commissioner (Appeals) by which the demand in the impugned order was directed to be reworked as stated in...paragraph 11 of the order and thereby setting aside the penalties. The appeal filed by the Department was rejected. Petitioner submits that the petitioner did not file an appeal proceeding on the basis that...
...final unless set aside by higher or competent court or authority. An order which is void can be challenged at any time in any proceeding. A permission granted under Section 21 once permitted to at...mechanical or mindless. An order may be mindless if at the time of granting permission there is material to indicate that the premises were being let out for a short period even though it was available...clear and definite. The lack of requirement must be honestly felt by the landlord. That the landlord does not require the building is a question of honest belief held by him at the relevant time, that is...
...period of three years and thus to be void. It was held that void orders can be challenged at any point of time thus limitation would not attract, rather, it can be condoned. The delay cannot be condoned on...been passed by the Assistant Collector and also that a void order can be challenged at any point of time. If the...the delay after holding that order passed by the Assistant Collector was void thus delay in filing appeal is condoned. It was held to be void because Section 46A of the Act of 1955 was invoked after...
...miscarriage of justice and travesty of justice be kindly granted to him in these public law proceedings recalling that a VOID order could be challenged at any time in any proceedings...heavy Police force remained at the premises of the petitioner when it is said in the order dated 16-5-2014 that there was no judicial order passed directing the Police force to be present there during...”.3. We have heard the petitioner at length. The petitioner submitted that the order dated 24-3-2015 passed in Writ Petition No. 2804/2015 deserves to be recalled in view of the law...
...application is that the order passed by the Deputy Collector is illegal and void and period of limitation is not applicable to any void order. If an order is void, it is a nullity and tha...grounds stated in the application for condonation of delay shows that the only ground stated therein was that the order of the Deputy Collector was ab-initio null and void and that a null and void order could be ch...subsequently after an inordinate unexplained delay of more than nineteen years the appellants have sought to challenge the same, on the sole ground that a void order can be challenged at any time. It is...
...apply in the facts of the present case, which provides for the maximum period of three years for filing revision and, therefore, it cannot be said that the void order can be challenged at any point of time...
C/SCA/9051/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL...delay confers no title and it's validity can be question at any stage. This petition requires to be partly ALLOWED. The DELAY
being not...
...not run and a suit could be filed at any time to challenge an order of dismissal on merits. Those two Division Bench judgments have been over-ruled by the Supreme Court in State of Punjab...:
2219. The Supreme Court held that even against void orders, limitation runs. The suit was barred by time. Therefore, this appeal is covered by the judgment in Gurdev Singh, supra and...
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No.1962 of 1988...
...) LLR page 688, Govt. servant is not allowed to purchase the Govt. land; that the illegal and void order can be set aside at any time. Therefore, he has prayed that the impugned order of ...etc. but they have chosen to file the petition after 7 years; In rebuttal counsel for Mansa Ram and Swaran Kaur has submitted that illegal and void order can be set aside at any time as per provisions...allotted by misrepresenting and concealing the material facts regarding Govt. service, his applications for allotment were not valid applications in the eyes of law, illegal and void order can be set aside at any ...
..., if ultra vires the power, becomes void and it does not confer any right. But the action need not necessarily be set at naught in all events. Though the order may be void, if the party does not...in these petitions is as to whether the acquisition proceedings can be challenged at a belated stage. The issue is no more res integra as the issue has been considered by this Court time and again....6. When a person challenges Section 4 notification on any ground, it should be challenged within a reasonable period, and if the acquisition is challenged at a belated stage...
...elected persons to be void and the petitioner or any other candidate to have been duly elected.]
"(2) At the time of marking an order under sub...-section (1) the authorized officer shall also make an order,-"
(a) where any charge is made in the petition of any corrupt practice having been committed at the election...dismissed under section 165, the authorized officer shall inquire into the election petition and at the conclusion of the inquiry shall make an order-"
(a...
...the applicant that applicant's side has not been heard before passing of dismissal order by the respondents, which makes dismissal order void ab initio and void order can be challenged at ....
ORDER (Oral) Hon'ble Mrs. Jasmine Ahmed, Member (J) Matter heard at length for admission and issuance of notices to the respondents.
2. Brief facts of th...earlier order of treating him missing person and effecting the order of dismissal from service w.e.f. 24.02.1997. As such, there is no issue of order being void involved in this OA and this OA is...
...the applicant that applicant's side has not been heard before passing of dismissal order by the respondents, which makes dismissal order void ab initio and void order can be challenged at ....
ORDER (Oral) Hon'ble Mrs. Jasmine Ahmed, Member (J) Matter heard at length for admission and issuance of notices to the respondents.
2. Brief facts of th...earlier order of treating him missing person and effecting the order of dismissal from service w.e.f. 24.02.1997. As such, there is no issue of order being void involved in this OA and this OA is...
.... State of J&K dated 22.08.2013, wherein a similar submission was made that void or illegal order can be challenged at any time and no period of limitation can be invoked to perpetuate such illega...Budgam, mutation No. 370 has been attested on 21st January, 1962. The order has been recorded on the said mutation to the effect that the matter may be presented for attestation at Village Arwa on 21...agreed order could not be challenged in revision. Furthermore, subsequent to the attestation of mutation, Mehda (one of the co-sharer) executed a sale deed, therefore, there is no question of any...
...merits of the original order and the sequitur of this argument is that if such examination indicates that the original order is a void order that it can be struck down regardless of the time-bar prescribed...application from the tenant evidencing the surrender of the tenancy not having been filed before that forum that the order dated 25-6-1956 was a void order and, consequently, that the provisions of the limitation act do not...order assumes finality. A party challenging a time-barred order is shut out at the very threshold and the lower authorities had no jurisdiction to entertain the appeal in the first instance...
...time could not be extended in order to validate what had become void and inoperative. The two expressions used in sub-section 4 of Section 18, namely, "at any time" and...period. Such an expression only makes (sic) clear that the order of extension can be passed at any time, but cannot give a different meaning to the word "extension". The argument, therefore, for the...within limitation, it may "at any time", by order, extend ihe time for the filing of documents. If this has also been not done then on sufficient cause being shown the Court may revive the order i...
...examination indicates that the original order is a void order that it can be struck down regardless of the time-bar prescribed by the Limitation Act. In substance, the argument canvassed is that an order w..., namely, a written application from the tenant evidencing the surrender of the tenancy not having been filed before that forum that the order dated 25-6-1956 was a void order and, consequently, that the provisions of the l...time-frame prescribed by the Limitation Act - if that time period is overstepped, the order assumes finality. A party challenging a time-barred order is shut out at the very threshold and the lowe...
...cannot be said that the void order can be challenged at any point of time because delay confers no title and it's validity can be questioned at any stage, but the moot question would be w...(3) SCC 249 wherein it is held that where the order is void or non est, in such a situation, it would confer no title and its validity can be questioned in any proceeding at any stage...found void ab initio, it can be questioned at any stage by anybody and submitted that the ratio laid down in the aforesaid decision would squarely apply to the facts of the present case. Secondly, he...
...on the Part of the petitioner in questioning order accepting his resignation. It is true that there is delay. However, at the some time, it is to be noted that void order can be questioned at ...any Movement Order for joining the said Battalion. Whereas, as per the best of the information of the Petitioner only the documents were sent to 19 Bn. BSF. This fact need to be investigated under...petitioner being a hardcore and die hard Kannadiga does not know Hindi language at all. Moreover, the petitioner he has affixed any signature of this kind intentionally or knowingly. The complete story...