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

2022 Supreme(Pat) 108

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Shiv Ranjan Kumar S/o Late Bidhyadhar Prasad Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prabhat Ranjan.
For the Respondents: Mr. Kameshwar Pd. Gupta, Mr. Satyavart.

JUDGMENT :

MADHURESH PRASAD, J.

1. By this writ application, the petitioner has sought quashing of the entire proceedings arising out of Certificate Case No. 3 of 2021-2022, including the notice dated 14-07-2021 issued under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (for short ‘the Act’). The petitioner has also sought a direction restraining the respondents from proceeding further with the Certificate Proceedings.

2. It is submitted by Mr. Prabhat Ranjan, learned counsel for the petitioner that the amount of Rs. 13,53,362/- which is sought to be recovered, as a ‘public demand’ within the meaning of Section 3(6) of the Act, is not a public demand.

3. In view of the said submission, it is considered useful by this Court to reproduce Section 3(6) of the Act which defines public demand:

    “3(6) “Public demand” means any arrear or money mentioned or referred to in Schedule I and includes any interest which may, by law, be chargeable thereon upto the date on which a certificate is signed under Part II.”

4. In view of the reference to Schedule I in the definition of “Public demand” Schedule I also requires to be considered. Schedule I of the Act enumerates the circumsta

        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