Law: Administration of Evacuee Property Act, 1957

Section: 3

(a) Scrutiny of Claims (Evacuee Property) Regulation [M. L. R. No. 84 of 1960]---And Scrutiny of Claims (Evacuee Property) Regulation [M. L. R. No. 89 of 1960]-Question whether an entitlement certificate issued under Regulation could be cancelled by an officer on Special Duty in Central Record Office on ground that it had been obtained by practis­ing fraud on Claims Organisation-Special Leave to Appeal granted by Supreme Court. (b) Void and voidable-- --Order made by a Court, tribunal or other authority acting without jurisdiction as regards subject-matter, pecuniary value or territorial limits-Void--Order obtained by fraud, however, not void but only voidable. An order obtained by fraud is not void, but only voidable. It remains operative as long as it is not set aside, rescinded, or recalled, by a competent authority in proper proceedings. An order is to be treated as void only when it is made by a Court, tribunal, or other authority, which had no jurisdiction either as regards the subject-matter, the pecuniary value or the territorial limits where the dispute arose. Such an order would amount to "a usur­pation of power unwarranted by law", and accordingly it would be a nullity. If, on the other hand, an order is made by a Court or authority having the necessary jurisdiction it is not an order void ab initio, but an order which may be set aside on sufficient cause being shown in this behalf. While it is true, as has been so often stated, that fraud vitiates all proceedings, it must neverthe­less, be borne in mind that allegations of fraud generally raise mixed questions of law and fact which can only be established in an elaborate inquiry. It is for this reason that an order obtained by fraud can be regarded as only being voidable at the instance of any party adversely affected by at. Syed Ali Iqtidar Shah and others v. The Custodian of Evacuee Property, West Pakistan, Lahore P L D 1964 Lah. 274; Debendra Nath Dutt v. Adminis­trator-General of Bengal 35 I A 109; Hewson v. Shelley 2 Ch. D 13; Fazluddin v. Khetra Goria A I R 1926 Cal. 167; Ambikamoni Dasl v. Khettra Ghosia 30 C W N 59; Mst. Siraj Fatima v. Mahmood All A I R 1932 All. 293; Bishw nath Towari v.…

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