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Monday, September 2, 2013

Order without jurisdiction is a nullity

Hasham Abbas Sayyad v. Usman Abbas Sayyad, (2007) 2 SCC 355 at page 363

22. The core question is as to whether an order passed by a person lacking inherent jurisdiction would be a nullity. It will be so. The principles of estoppel, waiver and acquiescence or even res judicata which are procedural in nature would have no application in a case where an order has been passed by the Tribunal/court which has no authority in that behalf. Any order passed by a court without jurisdiction would be coram non judice, being a nullity, the same ordinarily should not be given effect to. [See Chief Justice of A.P. v. L.V.A. Dixitulu[(1979) 2 SCC 34 : 1979 SCC (L&S) 99 : AIR 1979 SC 193] and MD, Army Welfare Housing Organisation v. Sumangal Services (P) Ltd. [(2004) 9 SCC 619] ]

 

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