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 consonance with law, all subsequent and consequential proceedings would fall through for the reason that illegality strikes at the root of the order. In such a fact situation, the legal maxim sublato fundamento cadit opus meaning thereby that foundation being removed, structure/work falls, comes into play and applies on all scores in the present case. 110. In C. Albert Morris v. K. Chandrasekaran 3 this Court held that a right in law exists only and only when it has a lawful origin. (See also Upen Chandra Gogoi v. State of Assam4 , Satchidananda Misra v. State of Orissa 5 , SBI v. Rakesh Kumar Tewari 6 and Ritesh Tewari v. State of U.P. 7 

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Article ID:
510
Date added:
2022-11-21 11:42:19
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