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if initial action is illegal
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Knowledgebase Law and Legal Remedies - Litigation Process Legal Principles if initial action is illegal

declaration of unconstitutionality renders a law to be non est, void ab initio or unenforceable
  • declaration of unconstitutionality renders a law to be non est, void ab initio or unenforceable,
  • Court enunciating a principle of law is applicable to all cases irrespective of its stage of pendency

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if initial action is illegal, all subsequent and consequential proceedings are null and void

The Apex Court in the case of Davinder Pal Singh Bhullar (supra) has in paras 107, 110, 111 and 116 observed as under:- “107. It is a settled legal proposition that if initial action is not in consona...

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