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Judgment Search Results Home  Phrase:revenue recovery act 1890

Apr 03 1970

Express Newspaper (P) Ltd. Vs. Collector of Delhi and Ors.

  • Decided on : 03-Apr-1970

Court : Delhi

Reported in : ILR1970Delhi821

... Recovery of State Dues Act, and an argument was advanced that the said State Act stood repealed when the Revenue Recovery Act, 1890, was extended in its application to the Pepsu State, and that the recovery could only be made under the Revenue A Recovery Act, 1890. The learned Judges repelled the said contention by making the above observation and holding that the Revenue Recovery Act, 1890 ... of land revenue were sought to be recovered under the provision of Patiala Recovery of State Dues Act, and an argument was advanced that the said State Act stood repealed when the Revenue Recovery Act, 1890, was extended in its application to the Pepsu State, and that the recovery could only be made under the Revenue A Recovery Act, 1890. The learned ... Revenue Act was repealed by the Maharashtra Land Revenue Code, 1966, which came into force on 15th August, 1967. But, it is the old Act that governs the present case. Shri Sarafjee pointed out that section 17 of the Bombay City Land Revenue Act provides an appeal to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, while under section 4(1) of the Revenue Recovery Act, 1890 ... being any guiding principle in that behalf, that the proceedings under the Revenue Recovery Act, 1890, are more onerous and prejudicial than similar proceedings under the Bombay City Land Revenue Act, 1876, and that the provisions of Section 3(1) of the Revenue Recovery Act, 180, are, thereforee, vocative of Article 14 of the Constitution. (29) On ...

Feb 05 1959

Ram Ranjan Rakshit Vs. The Chief Administrator, Rehabilitation Finance ...

  • Decided on : 05-Feb-1959

Court : Kolkata

Reported in : AIR1960Cal416,64CWN126

... Revenue Recovery Act of 1890. The primary Act that governs realisation of this demand as a land revenue is the Revenue Recovery Act of 1890 and what the Public Demands Recovery Act does is to provide only the auxiliary machinery and not the substantive rights such as reopening a conclusive certificate by objections. I shall make here a reference to Section 7 of the Revenue Recovery Act, 1890 ... Act To hold that a certificate under the Revenue Recovery Act 1890 is liable to be challenged by the procedure of objections open under the Public Demands Recovery Act will be to repeal the whole effect of Section 4(1) of the Revenue Recovery Act.read the permissive word 'may' in Section 4(1) of the Revenue Recovery Act ... Revenue Recovery Act 1890 is liable to be challenged by the procedure of objections open under the Public Demands Recovery Act will be to repeal the whole effect of Section 4(1) of the Revenue Recovery Act.read the permissive word 'may' in Section 4(1) of the Revenue Recovery Act as the only permissive inroad on the otherwise conclusive nature of the certificate under Section 3(2) of this Act ...

Sep 10 1951

Ram Sahay Vs. The State

  • Decided on : 10-Sep-1951

Court : Madhya Pradesh

Reported in : 1953CriLJ27

... Act stand repealed.The Revenue Recovery Act, 1890 is one of the Acts mentioned in Section 2 of Act No. 33 of 1950. On a plain reading of the provisions of the Gwalior State Rules for the Recovery of Government Dues Samvat 2001 and of the Revenue Recovery Act 1890, it cannot be denied that the Gwalior State Rules referred to above embody a law corresponding to the Revenue Recovery Act, 1890 ... revenue, was not a law corresponding to the Revalue Recovery Act, 1890, it could not be said to have been repealed under Section 4 of the Opium and Revenue Laws (Extension Application) Act, 1950, and that on the other hand Section 7(a) of the Revenue Recovery Act, 1890 itself indicated that Section 236 of the Excise Manual was to continue in force even after the application of the Revenue Recovery Act, 1890 ... ) Act 1947 (XXX of 1947), that law shall upon the commencement of this Act stand repealed.The Revenue Recovery Act, 1890 is one of the Acts mentioned in Section 2 of Act No. 33 of 1950. On a plain reading of the provisions of the Gwalior State Rules for the Recovery of Government Dues Samvat 2001 and of the Revenue Recovery Act 1890, ... the Union Act (XXXIII of 1950), namely, The Opium and Revenue Laws (Extension of Application) Act, 1950, which extended to the State of Madhya Bharat, the Revenue Recovery Act of 1890; and that, therefore, the recovery of the amount alleged to be due from the petitioner could only be in accordance with the provisions of the Revenue Recovery Act, 1890. The ...

Mar 06 1998

Mahalakshmi Sugar Mills Co. Ltd. Vs. State of U.P. and others</b>

  • Decided on : 06-Mar-1998

Court : Allahabad

Reported in : 1999(2)AWC1201

... Revenue Recovery Rules, 1966 under Section 11(1) of the Revenue Recovery Act, 1890. It contains 9 rules. Rules 3, 4, 5, 6 and 7 deal with the mode of remittance of Government dues, Maintenance or register for recovery certificatesissued by Collector, Form of recovery certificate for recovery of arrears as arrears of land revenue. Procedure for sending the letter of request under Section 5A of the Act for recovery ... Revenue Recovery Act, 1890. It contains 9 rules. Rules 3, 4, 5, 6 and 7 deal with the mode of remittance of Government dues, Maintenance or register for recovery certificatesissued by Collector, Form of recovery certificate for recovery of arrears as arrears of land revenue. Procedure for sending the letter of request under Section 5A of the Act for recovery of arrears as arrears of land revenue ... Act.18. The State of Uttar Pradesh framed Rules known as Uttar Pradesh Revenue Recovery Rules, 1966 under Section 11(1) of the Revenue Recovery Act, 1890. It contains 9 rules. Rules 3, 4, 5, 6 and 7 deal with the mode of remittance of Government dues, Maintenance or register for recovery certificatesissued by Collector, Form of recovery certificate for recovery of arrears as arrears of land revenue ...

Mar 06 1959

Tilakram Rambaksh Vs. Bank of Patiala and Ors.

  • Decided on : 06-Mar-1959

Court : Punjab and Haryana

Reported in : AIR1959P& H440

... Revenue Recovery Act, 1890, to Pepsu, that Act alone could govern the recovery of dues recoverable as arrears of land revenue, and other laws like the Patiala Recovery of State Dues Act ceased to operate. The question is whether the Revenue Recovery Act, 1890, is a law corresponding to the Patiala Recovery of State Dues Act. A reference to these statutes leaves no doubt that they do not correspond.The Revenue Recovery Act, 1890 ... Act, stand repealed.'The argument, therefore, is that on the application of the Revenue Recovery Act, 1890, to Pepsu, that Act alone could govern the recovery of dues recoverable as arrears of land revenue, and other laws like the Patiala Recovery of State Dues Act ceased to operate. The question is whether the Revenue Recovery Act, 1890, is a law corresponding to the Patiala Recovery of State Dues Act ... Act alone could govern the recovery of dues recoverable as arrears of land revenue, and other laws like the Patiala Recovery of State Dues Act ceased to operate. The question is whether the Revenue Recovery Act, 1890, is a law corresponding to the Patiala Recovery of State Dues Act. A reference to these statutes leaves no doubt that they do not correspond.The Revenue Recovery Act, 1890, merely provides a machinery for the recovery ...

Jan 28 2006

Sri Vishnu Merchants Vs. Mandal Revenue Officer and Ors.

  • Decided on : 28-Jan-2006

Court : Andhra Pradesh

Reported in : 2006(2)ALD457; 2006(2)ALT329; [2006]71SCL357(AP)

... Revenue Recovery Act, 1890 (Central Act) and not through the State Act i.e., Andhra Pradesh Revenue Recovery Act, 1864. These contentions can be addressed by having a reference to the relevant provisions. Therefore we proceed to Section 5 of the Revenue Recovery Act, 1890 (Central Act) and it lays down.SECTION 5. Recovery by Collectors of sums recoverable as arrears of revenue ... Revenue Recovery Act, 1890 (Central Act) and the Collector of the concerned district could recover the dues while exercising the powers under the State Act i.e., Andhra Pradesh Revenue Recovery Act, 1864. This is disputed by the learned Counsel for the writ petitioner/ appellant and submits that dues to the Central Government could only be recovered in terms of the Revenue Recovery Act, 1890 (Central Act) and not through the State Act ... Act i.e., Andhra Pradesh Revenue Recovery Act, 1864.6. So the contention of the respondents was that when the arrears became due to the Central Government, the recovery could be ordered in terms of Section 5 of the Revenue Recovery Act, 1890 (Central Act) and the Collector of the concerned district could recover the dues while exercising the powers under the State Act i.e., Andhra Pradesh Revenue Recovery Act ...

Jun 24 2004

Mathew Joseph and Ors. Vs. Johny Sunny and Ors.

  • Decided on : 24-Jun-2004

Court : Kerala

Reported in : III(2004)ACC420; (2005)ILLJ719Ker

... the reason that the amount becomes public revenue due on land not by virtue of any act of serving the demand under the Revenue Recovery Act. By virtue of Section 31 of the Workmen's Compensation Act read with Section 5 of the Revenue Recovery Act, 1890, there is a statutory declaration that it is deemed to be a public revenue due on land and the amount ... s Compensation Act, 1923 provides that the Commissioner may recover as an arrear of land revenue any amount payable by any person under the Act whether under an agreement for payment of compensation or otherwise and the Commissioner shall be deemed to be a public officer within the meaning of Section 5 of the Revenue Recovery Act, 1890. Section 5 of the Revenue Recovery Act, 1890 provides ... of land revenue any amount payable by any person under the Act whether under an agreement for payment of compensation or otherwise and the Commissioner shall be deemed to be a public officer within the meaning of Section 5 of the Revenue Recovery Act, 1890. Section 5 of the Revenue Recovery Act, 1890 provides that where any sum is recoverable as an arrear of land revenue by ... of the Workmen's Compensation Act read with Section 5 of the Revenue Recovery Act, 1890 makes it abundantly clear that the amount,, determined by the Commissioner for Workmen's Compensation shall be recovered as an arrear of public revenue due on land and the Commissioner himself is an officer within the meaning of Section 5 of the Revenue Recovery Act, 1890.6. Exhibit P1 ...

Aug 20 1974

Dat Pethe and Anr. Vs. District Collector, Ernakulam and Ors.

  • Decided on : 20-Aug-1974

Court : Kerala

Reported in : AIR1976Ker37

... 38 of the Act referred to above and this respondent can make the use of Section 3 of the Indian Revenue Recovery Act 1890 for recovering the amount as arrears of land revenue'.Counsel for the respondents has also no case that the matter would fail within Section 5 of the Act. His argument is confined to the application of Section 3 of the Act, though at certain ... 3 of the Act. The last sentence in paragraph 9 of the counter-affidavit reads as follows:'..... But the liability in this case is a statutory liability covering within thepurview of Section 38 of the Act referred to above and this respondent can make the use of Section 3 of the Indian Revenue Recovery Act 1890 for recovering the amount as arrears of land revenue'.Counsel for ... correctness of this amount sought to be recovered, the petitioners have raised mainly three contentions: (1) the proceedings initiated for recovery of the amount has no legal basis inasmuch as neither Section 3 nor Section 5 of the Revenue Recovery Act, 1890, for short the Act, has application to the case; (2) the certificate not having been issued in the name of the defaulter, namely the ... that the second petitioner was clandestinely acting as an agent of the 1st petitioner and therefore he is precluded from contending that he is not liable for the amount claimed on the ground that he is not a defaulter under Section 2(3) of the Revenue Recovery Act, 1890; Counsel further contends that where there is a proceeding under the Act against a person, that ...

Sep 02 1982

Hari Prasad Vs. Tax Recovery Commissioner and Ors.

  • Decided on : 02-Sep-1982

Court : Allahabad

Reported in : (1983)32CTR(All)183; [1984]145ITR48(All)

... Section 46 of the 1922 Act does not make the provisions of the Revenue Recovery Act of 1890 applicable to proceedings for recovery under this Act. All that the proviso to this sub-section says is that the Collector shall for the purpose of recovering the amount specified in the certificate have also all the powers which the Collector has under the Revenue Recovery Act, 1890. For the matter of that ... (2) of the 1922 Act to any Collector of the State, if he proceeds to realise the arrears of tax by institution of proceedings under the Bihar and Orissa Act, and not under the Revenue Recovery Act, 1890.29. In the present case as well there is nothing to indicate that the proceedings to realise the arrears of tax were instituted under the Revenue Recovery Act. That being so ... Revenue Recovery Act, 1890 (1 of 1890), (b) a civil court has under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of the recovery of an amount due under a decree (7) Save in accordance with the provisions of Sub-section (1) of Section 42, or of the proviso to Section 45, no proceedings for the recovery of any sum payable under this Act ... that it was based on a consideration of the provisions contained in Sections 3 and 5 of the Revenue Recovery Act, 1890. Sub-section (1) of Section 3 of that Act reads:'3. (1) Where an arrear of land Revenue, or a sum recoverable as an arrear of land revenue, is payable to a Collector by a defaulter being or having property in a district other than ...

Jul 05 2010

Chinta Mani. Vs. State Of U.P. And Others.

  • Decided on : 05-Jul-2010

Court : Allahabad

... REVENUE RECOVERY (UTTAR PRADESH AMENDMENT) ACT, 2001 (U.P. Act No.37 of 2001)(As passed by the Uttar Pradesh Legislature) ANACTFurther to amend the Revenue Recovery Act, 1890 in its application to Uttar Pradesh.It is hereby enacted in the Fifty-second Year of the Republic of India as follow:1. Short title, extent and commencement.-- (1) This Act may be called the Revenue Recovery (Uttar Pradesh Amendment) Act ... .-- (1) This Act may be called the Revenue Recovery (Uttar Pradesh Amendment) Act, 2001.(2)It shall extend to the whole of Uttar Pradesh. (3)It shall be deemed to have come into force on August 30, 1974.2. Amendment of Section 3 of Act No.1 of 1890.-- In Section 3 of Revenue Recovery Act, 1890, hereinafter referred to as the principal Act, for sub-section (3 ... . The Revenue Recovery Act, 1890 inter alia, provides for the procedure for recovery of an arrear of land revenue or a sum recoverable as an arrear of land-revenue. The State Government has, vide G.O. No.285/11-69 (II-876)- Revenue-7, dated August 26, 1974, directed for recovery of collection charge equal to ten per cent of the amount stated in the recovery ... the Revenue Recovery Act (U.P. Act No.37 of 2007) referred to herein above.24. There are no provisions introduced in the U.P. Zamindari Abolition and Land Reforms Act 1950 for the levy of 10% collection charges but the Revenue Recovery Act 1890 has been amended as noted above. There is no challenge to the vires of the amendments introduced through U.P. Act ...

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