SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1960 Supreme(SC) 333

A. K. SARKAR, B. P. SINHA, J. R. MUDHOLKAR, N. RAJAGOPALA AYYANGAR, S. R. DASS, S. K. DAS
Manna Lal – Appellant
Versus
Collector Of Jhalawar – Respondent


Advocates:
D.GUTPA, GANPAT RAI, N.S.BINDRA, S.K.KAPOOR

Judgment

SARKAR, J. : The appellants are traders of Jhalawar. Respondent No. 1, the Collector of Jhalawar, served on the appellants a notice under S. 6 of the Rajasthan Public Demands Recovery Act, 1952, hereafter called the Act, for the recovery from them as a public demand, of Rs. 2,24,607/6/6 said to be due on account of loans taken by them from the Jhalawar State Bank. The appellants filed a petition under S. 8 of the Act contending, among other things, that the amount sought to be recovered from them was not a public demand. Respondent No. 1 appears to have called upon the appellants to prove that it was not a public demand. The appellants without proceeding further before respondent No. 1, filed a petition in the High Court of Rajasthan for the issue of a writ quashing the proceedings under the Public Demands Recovery Act. The High Court dismissed the petition but granted a certificate that the case was fit for an appeal to this Court. Hence the present appeal.

2. The only question raised in this appeal is whether any loan due to the Jhalawar State Bank could be recovered as a public demands. A "public demand" within the meaning of the Act is "any money payable to the Governmen















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top