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K. VINOD CHANDRAN, C. JAYACHANDRAN
State of Kerala, Rep. by Chief Secretary – Appellant
Versus
HDFC Bank Limited, Rep. by its Authorized Officer, John Mathew – Respondent
JUDGMENT :
Vinod Chandran, J.
The State is in appeal against a judgment of the learned Single Judge, which interfered with an order, issued by the Private Secretary to a Minister, granting installments in a recovery initiated under the Kerala Revenue Recovery Act (for brevity ‘R.R. Act’). The order was challenged as totally without jurisdiction and the learned Single Judge came heavily down on the action, finding it to be totally illegal, arbitrary and unfair.
2. By Ext.P2 the recovery initiated was deferred on conditions of a lump sum payment of 10% of the demand and 50 subsequent monthly installments. Admittedly, there was default committed in complying with the installments granted at Ext.P2. Subsequently, by Annexure-IV dated 19.8.2018, revenue recovery proceedings were again kept in abeyance for one month and rescheduled with 60 installments granted, to pay off the balance amounts, from 14.9.2018. Even now, the amounts have not been fully paid up as per the installments granted. Last time when we took up the matter, we directed the learned Government Pleader to inform us as t
Applicability of the K.R.R Act cannot be understood to have been limited in its operation within State of Kerala, merely by relying upon employing term 'district' in S.69, especially in absence of a ....
Ext.P4 notification enhancing DRT's pecuniary limit to Rs.20 lakhs supersedes previous restrictions on debt recovery actions below this threshold.
The court ruled that no pre-adjudication is necessary for revenue recovery, affirming separate legal frameworks of the RR Act and the Chit Funds Act.
Point of Law : Process of revenue recovery cannot be used as a source of revenue for the State.
The Real Estate Regulatory Authority can recover amounts as arrears of land revenue under Section 40(1) of the Act of 2016, independent of Civil Court decrees, thus reinforcing its authority in execu....
Collection charges for luxury tax arrears are valid under the Kerala Revenue Recovery Act when invoked for recovery, despite previous rulings being overturned.
Article 137 of Limitation Act reads as description of application.
Debt is not the same thing as right of action for its recovery – While debt is right in creditor with correlative duty on debtor right of action for recovery is in nature of a legal power.
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