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Search Results Judgments > Act:REVENUE RECOVERY ACT 1890 Court:Supreme Year:1904 Page:2

Dec 31 1969

Kumar Chemicals and Fertilisers (P) Ltd. rep. by its Managing Director ...

  • Decided on : 31-Dec-1969

Court : Andhra Pradesh

Reported in : AIR2008AP101; 2008(3)ALD168; 2008(2)ALT484

... Revenue Recovery Act, 1968 (for short, 'the 1968 Act') and therefore no coercive steps can be taken by the respondents to recover the time barred debt from the petitioners.9. In order to appreciate this contention, it is necessary to closely examine the said judgment. Section 71 of the 1968 Act empowered the State Government, by notification, to declare that the provisions of the said Act ... admitted by the Corporation and that having slept over for nearly 33 years, the Corporation is not entitled to invoke either the provisions of A.P. Revenue Recovery Act, 1864 (for short, 'the 1864 Act') or the 1951 Act. The deponent also denied the allegation made by the Corporation in its counter-affidavit that petitioner No. 2 is receiving a sum of Rs. 60,000 ... suit for recovery of the amounts paid by him under protest. In this context it is worth noticeable that the 1951 Act provides for various modes of recovery of money besides Section 29. One such mode of recovery is provided for under Section 32-G, which reads as under:32-G Recovery of amounts due to the Financial Corporation as an arrear of land revenue: Where ... an arrear of land revenue: Where any amount is due to the Financial Corporation in respect of any accommodation granted by it to any industrial concern, the Financial Corporation or any person authorized by it in writing in this behalf, may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due ...

Aug 25 1981

A. Padmanabhan Vs. District Collector, Trivandrum

  • Decided on : 25-Aug-1981

Court : Kerala

Reported in : AIR1982Ker177

... Revenue Recovery Act. 3. The question for consideration is whether the proposed action as per Ext. P-1 under the Kerala Revenue Recovery Act is valid in law. 4. The petitioner's case is that proceedings under Section 65 of the Kerala Revenue Recovery Act for his arrest can be taken only after the service of the written demand under Section 34 of the said Act ... Revenue Recovery Act, 1968 repeals among other Acts the Travancore-Cochin Revenue Recovery Act, 1951 also. There is no saving clause in the section which either keeps alive the action taken under the repealed Act or which enables the authorities to pursue the remedies once initiated under the said Act. That being so, what falls for decision is whether the proceedings initiated under Section 65 of the Kerala Act ... not disputed that the arrears for which revenue recovery proceedings were taken were for the relevant years mentioned above and that the property was sold pursuant to the action taken under the Travancore-Cochin Revenue Recovery Act. 3. The question for consideration is whether the proposed action as per Ext. P-1 under the Kerala Revenue Recovery Act is valid in law. 4. ... Act. He was conducting a business in coir about 30 years back. Revenue recovery proceedings were initiated against him under the Travancore-Cochin Revenue Recovery Act, 1951, for the arrears of sales tax due for the years 1125, 1950-51 and 1951-52. 3 cents of land which belonged to him were sold in public auction in 1961 pursuant to revenue recovery ...

Dec 07 1966

P. Sivasankarasubramania Pillai and Ors. vs. Revenue Divisional Office ...

  • Decided on : 07-Dec-1966

Court : Chennai

Reported in : AIR1968Mad171

... under the Madras Revenue Recovery Act, Act II of 1864 and the question raised is whether after the confirmation of a revenue sale by the Deputy Collector the District Revenue Officer has jurisdiction to set it aside under Regulation VII of 1828 (The Madras Subordinate Collectors and Revenue Malversation Amendment Regulation 1828) read with section 38 of the Madras Revenue Recovery Act Elaborate arguments ... Revenue Recovery Act, II of 1864. It purports to be a consolidating legislation concerning recovery of arrears of revenue of the State of Madras and Regulations I and II of 1803 are declared to be inoperative as respects arrears of revenue recoverable under this Act II of 1864. Sections 25 to 44 of this Act deal with the procedure for the recovery of arrears of revenue ... Village Officers Act, Madras Act III of 1895. The question raised is whether the District Revenue Officer has jurisdiction to modify the order passed by the Revenue Divisional Officer in the course of the Disciplinary proceedings against a village headman W.P. Nos. 1225 of 63 and 424 of 64 arises out of proceedings under the Madras Revenue Recovery Act, Act II ... District Revenue Officer, the first respondent herein, has no jurisdiction to set aside the revenue sale, after its confirmation, no petition having been filed to set aside the sale under Section 37-A and 38 of the Revenue Recovery Act, nor any suit under Section 59 having been filed. The main objection that is raised is that the Revenue Recovery Act is ...

Jan 06 2006

K. Pichai Pillai Vs. The Government of Tamil Nadu represented by the D ...

  • Decided on : 06-Jan-2006

Court : Chennai

Reported in : (2006)1MLJ310

... Revenue Recovery Act for bringing the properties under the sale, but the real cause of action is Ex.B.12 dated 15.06.1984 under which the second defendant has made a specific demand of Rs. 11,500/- being the loss of revenue incurred by the Government by the conduct of the plaintiff. When that order remains unchallenged, what is given under the Revenue Recovery Act ... the present second appeal.6. The substantial question of law that was framed was 'whether the second respondent is justified in law in invoking the Revenue Recovery proceedings under Section 52 of the Tamil Nadu Revenue Recovery Act, especially when the appellant disputes the liability ascertained by the second respondent and repudiates the same'.7. I have heard the learned counsel for the ... to the reason that the amount was not paid, Revenue Recovery Act was invoked, which was well within the power of the second defendant. It is also the specific case of the defendants that since the auction was taken under the Tamil Nadu Prohibition Act and the Rules framed thereunder, the Tamil Nadu Prohibition Act, 1937 prohibits the grant of any injunction by ... revenue caused to the Government due to the conduct of the plaintiff. Thereafter, a notice under Form IV was sent on 20.01.1986 under Ex.B15 and these notices were sent under the provisions of the Tamil Nadu Prohibition Act and the Rules framed thereunder. Ultimately, since the amount was not paid, the second defendant has issued a notice under the Revenue Recovery Act ...

Aug 02 2006

Kerala State Science and Technology Museum Vs. Rambal Company and Ors. ...

  • Decided on : 02-Aug-2006

Court : Supreme Court of India

Reported in : 2006(5)ALD74(SC); 2006(4)AWC4008(SC); JT2006(7)SC132; 2006(3)KLT756(SC); (2006)4MLJ1824(SC); 2006(7)SCALE479; (2006)6SCC258

... Revenue Recovery Act, 1968. Therefore, it was contended before learned Single Judge that when the matter is time barred even if the demand is correct it cannot be enforced through revenue recovery proceedings. Stand of the appellants on the contrary was that the society is owned by the State and, therefore, Article 112 of the Limitation Act ... Revenue Recovery Act 1968 calling upon it to remit an amount of Rs. 22,10,303/- with future interest at the rate of 12% from 01.04.97. On receipt of Ext. P4 the respondent No. 1 moved the High Court with Arbitration Request No. 2/98 under Section 11 of the Arbitration and Conciliation Act ... time barred debt cannot be recovered by recourse to revenue recovery proceedings. Stand of the first respondent (present appellant) it is a society owned by the State and, therefore, Article 112 of the Limitation Act, 1963 (in short the 'Limitation Act') is applicable and in that view, the demand raised ... Judge related to the question whether the claim was barred by time. Stand was that a time barred demand cannot be enforced through revenue recovery proceedings. That was the issue which forms subject-matter of dispute and considering the importance of that matter, learned single judge felt ... quashing the order and Ext.P4 demand notice as illegal and arbitrary and for the issuance of a writ of mandamus declaring that revenue recovery proceedings may be initiated against the respondent No. 1 only after prior adjudication by a court of law or any other independent ...

Jan 02 2006

Amritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation

  • Decided on : 02-Jan-2006

Court : Kerala

Reported in : [2007]136CompCas446(Ker); 2006(2)KLT394

... revenue recovery proceedings initiated under Section 69(2) of the Kerala Revenue Recovery Act, 1968, hereinafter called the 'RR Act' for recovery of arrears of loan availed by the petitioner from the first respondent-Corporation. The arrears sought to be recovered is above Rs. 1.53 crores. Petitioner is not disputing the loan transaction which led to the liability and recovery ... the RR Act, recoveries have been effected against defaulters through revenue recovery authorities by initiation of proceedings under Section 69(2) of the RR Act. There is no prohibition under the SFC Act against any Financial Corporation from proceeding for recovery even in accordance with State legislation. The provisions of the DRT Act and SFC Act are ... Act to Revenue Recovery proceedings initiated by Kerala Financial Corporation based on same notification referred above, no dispute was raised about the maintainability of revenue recovery proceedings for recovery of arrears, due to KFC based on notification issued under Section 71 of the RR Act. It is obvious from Section 32G of the SFC Act that two modes of recovery ... revenue recovery proceedings for recovery of arrears, due to KFC based on notification issued under Section 71 of the RR Act. It is obvious from Section 32G of the SFC Act that two modes of recovery are provided therein; one on application to Govt. by the creditor and the other, i.e., 'any other mode of recovery' referred to in the very same Section which obviously includes revenue recovery ...

Sep 30 2005

Central Bank of India Vs. State of A.P. and Ors.

  • Decided on : 30-Sep-2005

Court : Andhra Pradesh

Reported in : 2005(6)ALD480; 2006(1)ALT89; IV(2006)BC371; [2007]138CompCas515(AP)

... sugarcane dues payable to farmers and arrears of purchase tax to Government. Be it noted that the respondent is taking action in accordance with the provisions of A.P. Revenue Recovery Act, 1864 (for short, Revenue Recovery Act).2. The case of the petitioner bank in brief is as follows. M/s. Kirlampudi Sugar Mills Limited (KSML), fifth respondent herein, availed cash credit limit and term ... purchase tax arrears. He would submit that Section 19(4) of Sugarcane Act and Rule 39-A of Sugarcane Rules is not a bar for proceeding under the Revenue Recovery Act. He placed reliance on Section 19(2A) as amended/inserted by A.P. Sugarcane (Regulation of Supply and Purchase) Amendment Act, 1976 (Amendment Act, for brevity) and Rule 39-B of the Sugarcane Rules ... is not barred. Secondly, he would urge that under the provisions of RDB Act and Securitisation Act, the debt due to a bank and/or financial institution has priority of debt and therefore ignoring the mortgage of the bank, the respondents cannot sell the hypotheca under the provisions of Revenue Recovery Act. He placed reliance on Bank of Bihar v. State of Bihar, : AIR1971SC1210 , ... to initiate action under Revenue Recovery Act and/or proceed to recover the sugarcane price by sale of sixty five per cent of sugar produced from out of sugarcane. Be it noted that the Sugarcane Act received the assent of the President on 23.12.1961 and therefore under Article 254(2) of Constitution of India, the provisions of Sugarcane Act should be given ...

Apr 14 1971

K. Burman Vs. The Commercial Tax Officer, Calcutta and Ors.

  • Decided on : 14-Apr-1971

Court : Karnataka

Reported in : (1971)2MysLJ379; [1971]28STC637(Kar)

... within the meaning of the Bengal Public Demands Recovery Act of 1913 which is in force in the State of West Bengal and which provides for recovery of public demands as if they were arrears of land revenue and sets out the details of procedure therefor. 6. Under the Revenue Recovery Act, Central Act 1 of 1890, which extends to the whole of India except ... the Revenue Recovery Act, Central Act 1 of 1890, to the third respondent, the Deputy Commissioner of Bangalore Urban District, as the petitioner was reported to have a place of business as well as properties within the district of Bangalore. When the Deputy Commissioner took steps for recovery under the Mysore Land Revenue Code then in force (since replaced by the Mysore Land Revenue Act ... Bengal and which provides for recovery of public demands as if they were arrears of land revenue and sets out the details of procedure therefor. 6. Under the Revenue Recovery Act, Central Act 1 of 1890, which extends to the whole of India except the State of Jammu and Kashmir from 1950 onwards, provision has been made for recovery of certain public demands. Section ... the said Bengal Act. As the petitioner did not pay the demand, the first respondent issued a certificate for collection thereof under the Bengal Public Demands Recovery Act, 1913, to the second respondent, the Collector of 24 Parganas, West Bengal. The second respondent in his turn issued a certificate under section 3 of the Revenue Recovery Act, Central Act 1 of 1890, to the ...

Dec 13 1985

M. Basavaraju Vs. The Assistant Commissioner of Sales Tax (III), Enfor ...

  • Decided on : 13-Dec-1985

Court : Karnataka

Reported in : 1986(1)KarLJ142; [1986]62STC294(Kar)

... sales tax under the Bombay Sales Tax Act, 1959. He was due in a sum of Rs. 43,119 towards sales tax outstanding to the State of Maharashtra. Since the petitioner defaulted in paying the arrears of tax, action was taken under the Revenue Recovery Act (Central Act 1 of 1890) (hereinafter called the Act) and a certificate for recovery was forwarded by the Assistant ... the Revenue Recovery Act (Central Act 1 of 1890) (hereinafter called the Act) and a certificate for recovery was forwarded by the Assistant Commissioner of Sales Tax (III), Enforcement, Bombay City Division, Bombay, to the Collector, Bombay, for onward transmission of the said certificate to the Collector, Bangalore, within whose jurisdiction the petitioner-defaulter resides. 2. On receipt of the certificate (annexure B) for recovery ... the petitioner, has taken me through the Revenue Recovery Act of 1890, and sections 3 and 5 of the Act which are relevant for this case. According to the learned counsel's submission this is not a case which is covered by the provisions of section 3 since it was not an arrear of land revenue payable to the Collector. But, on ... for recovery forwarded by the Collector, Bombay, under the signature of the Assistant Commissioner of Sales Tax (III), Enforcement, Bombay, is not in accordance with law and, therefore, it should be set aside. 5. Sri K. N. Keshavanarayan, learned counsel for the petitioner, has taken me through the Revenue Recovery Act of 1890, and sections 3 and 5 of the Act which ...

Dec 21 1977

M. Reddannam Vs. Revenue Divisional Officer and Ors.

  • Decided on : 21-Dec-1977

Court : Andhra Pradesh

Reported in : [1980]46STC232(AP)

... Revenue Recovery Act have been delegated to the District Revenue Officers. With the result , now the District Revenue Officers, in addition to the District Collectors can exercise the power of arrest and detention under S. 48 of the Revenue Recovery Act and nobody else. The Andhra Pradesh Subordinate Collectors and Revenue Malversation (Amendment) Regulation, 1828 does not confer these powers on Subordinate Collectors or Revenue ... Revenue, dated 22nd Jan. 1968 some of the District Collectors' powers including those under the Revenue Recovery Act have been delegated to the District Revenue Officers. With the result , now the District Revenue Officers, in addition to the District Collectors can exercise the power of arrest and detention under S. 48 of the Revenue Recovery Act and nobody else. The Andhra Pradesh Subordinate Collectors and Revenue ... Revenue Officers shall exercise the powers of the District Collectors under the Revenue Recovery Act. Reference was also made to a G. O. issued by the Government of Andhra Pradesh in exercise of the power conferred under s. 3 of the1961 Act, thereby delegating the powers of the District Collectors, among other things under the Revenue Recovery Act as well to District revenue Officers. This Act ...

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