AI Overview...
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Void Order - Can be challenged at any point of time, as delay does not confer any title or validity upon it. The challenge to a void order remains open regardless of the time elapsed Sunderlal Bhanabhai Bhagat VS State of Gujarat - Gujarat.
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Challenge Timing - Courts have consistently held that even interlocutory or initial orders, if void, can be challenged later. The authority of the court emphasizes that void orders are not protected by limitation periods and can be challenged at any stage Mangal Prasad Tamoli (Dead) By Lrs. VS Narvedshwar Mishra (Dead) By Lrs. - Supreme Court, Sunderlal Bhanabhai Bhagat VS State of Gujarat - Gujarat.
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Limitation and Validity - While valid orders require timely challenge, void orders are not bound by limitation periods. The moot point is who has the standing to challenge a void order, but generally, anyone with interest or knowledge can do so at any time Sunderlal Bhanabhai Bhagat VS State of Gujarat - Gujarat.
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Specific Cases - Several cases illustrate that orders declared null and void (such as detention orders, removal orders, or orders of sale without consideration) can be challenged later, emphasizing the principle that void orders are inherently invalid and open to challenge at any time Mohamed Abubakar Marwari VS Union of India & others - Bombay, Nirmala Verma VS The State of M. P. - Madhya Pradesh, Subhash Vithal Khaire VS State of Maharashtra - Bombay.
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Legal Principle - The courts have reinforced that void orders lack legal effect from the outset and can be challenged whenever the interested party chooses, without being barred by limitation periods RAM KISHORE SHARMA VS ADDITIONAL DISTRICT JUDGE - Allahabad, Sanjay Kumar VS State Of Bihar - Patna.
Analysis and Conclusion:
The sources collectively affirm that a void order is inherently invalid from the beginning and can be challenged at any point in time. Delay does not bar the challenge, and the validity of such orders remains open for scrutiny regardless of elapsed time. This principle ensures that orders lacking legal validity can be nullified whenever their nullity is recognized or challenged, safeguarding legal correctness and justice.
Search Results for "A Void Order can be Cchallenged at any Point of Time"
2005 2 Supreme 240 • India - Supreme Court
B.N.SRIKRISHNA, K.G.BALAKRISHNAN
That the appellants are entitled to urge this point even at this point of time, is supported by the authority of this Court in Gangadhar ... of remand passed by High Court was interlocutory and even if not challenged at that stage could be challenged when final order was ... 26.1.1908 for 60 years—Suit filed on a plea that period of 60 years amounted to a clog on equity of redemption and hence was null and void—Suit ... If this remand order was bad i....
2024 Supreme(Online)(MAD) 18792 • India - High Court of Madras
Honourable Mr.Justice C.KUMARAPPAN
Proceedings on seniority were valid against the Tamil Nadu Electricity Board Regulations and if the petitioners' challenge was time-barred ... Therefore, the respondents contended that, they cannot at a later point of time object the seniority. It was also contended by the learned counsel for the respondents that the settled seniority cannot be reviewed after long period of time. ... According to the Regulation 2, any amendments as may be effected by the Board from time to time shall a....
1968 0 Supreme(All) 153 • India - Allahabad
B.N.LOKUR, B.DAYAL
The starting point of limitation was the date of the High Court's judgment declaring the order of removal void, and the application ... PAYMENT OF WAGES ACT - SECTION 15(2) - LIMITATION FOR APPLICATION - STARTING POINT - REMOVAL FROM SERVICE DECLARED VOID - APPLICATION ... He filed a writ petition in the Punjab High Court, which declared the order of removal void, illegal, and inoperative. ... In that case, the employee was dismissed on 23 December 1947, and he #HL_ST....
1981 0 Supreme(Bom) 132 • India - Bombay
S.C.PRATAP, N.K.PAREKH
Failure to do so renders the order null and void. ... Failure to do so renders the order null and void. 2. ... Fact of the Case: Petitioner challenged the validity of an order of detention issued against his brother-in-law under ... The impugned order of detention dated July 1, 1975 made against Yusuf Abdulla Patel is hereby declared to be ab initio null and void, invalid and inoperative in law. ... This order was challe....
2013 0 Supreme(MP) 1288 • India - Madhya Pradesh
SUJOY PAUL
Finding of the Court: The court found that even if the order was void, it needed to be challenged within a reasonable ... order within a reasonable time. ... Ratio Decidendi: The court emphasized the need to challenge a void order within a reasonable time, citing previous judgments ... The bone of contention of Shri Jain is that the order is a nullity. In my opinion, even if it is a void order,....
1970 0 Supreme(Kar) 217 • India - Karnataka
M.SADASIVAYYA, D.M.CHANDRASHEKHAR
The petitioner challenged the validity of the relevant rules and the amendment to the rules. ... The owners of motor driving schools also challenged the same rules. The court heard all three petitions together. ... The petitioner has challenged the validity of Sub-rules (2) and (3) of Rule 5. He has also challenged the Notification of the Government dated 11-3-1970 by which Rule 5 has been amended by deleting Sub-rule (7) therein. He has also prayed for a mandamus directing the R. T. O. ... ... For example, one law may ....
2006 3 Supreme 685 • India - Supreme Court
ARIJIT PASAYAT, TARUN CHATTERJEE
that sale as without consideration and legal necessity and void and had no effect on reversionary rights—Suit was decreed upto High ... to an extent of share in land of their common ancestor—Common ancestor had sold his land and ancestor of present appellants had challenged ... A bare perusal of the order of this Court while recording the compromise shows that the rights of the plaintiffs was kept in tact ... The relevant portion of this Court’s earlier order makes this position clear. ... Reference was made to #HL_START....
2006 0 Supreme(Pat) 340 • India - Patna
NARAYAN ROY
than ten years-At no point of time any notice was served upon them-An appropriate enquiry was required to be conducted and evidence ... Service Law-Termination-on the ground of appointment being illegal and ab initio void-Petitioners continued in services for more ... was required to be seen in the matter as to under what circumstances the petitioners were appointed-order of termination not sustainable ... void, terminated their services. ... It is also not in dispute that the petitioners were paid thei....
2006 0 Supreme(Bom) 691 • India - Bombay
B.H.MARLAPALLE, D.B.BHOSALE
no point of time Mr. ... Rules. it is thus beyond doubt that the appropriate authority at no point of time approached the State Government for deletion of ... Government of Maharashtra is illegal, null and void ab initio. ... ULC Act or the MRTP Act and at no point of time the ownership of the societies was verified or accepted as required under law. ... Pune Municipal Corporation at any point of time from 20.4.1991 to 3.8.1998. .......
2012 0 Supreme(Guj) 2 • India - Gujarat
V.M.SAHAI, A.J.DESAI
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 who can challenge a void order. ... Than apart moot question is who can challenge a void order — The person who executed the sale deed knowing fully well than the sale ... Firstly, Article 137 of the Limitation Act would apply in the facts of the present case, which provides for the maximum p....
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