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march 1962

Supreme Court of India · 1962-03-26

STATE OF UTTAR PRADESH vs DR. VIJAY ANAND MAHARAJ

Citation / case number
SC 1961/80
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
DR. VIJAY ANAND MAHARAJ
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the expression 'judgment' under Clause 10 of the Letters Patent of the Allahabad High Court includes orders that negate statutory rights, thus overturning the Division Bench's conclusion that it was not a 'judgment'. The Court clarified that proceedings under Article 226 of the Constitution are independent and not a continuation of assessment proceedings under the U.P. Agricultural Income-tax Act, 1949. Consequently, the High Court's earlier order quashing the assessment was upheld, affirming that Section 11 of the Act does not apply to writ proceedings.

STATE OF UTTAR PRADESH vs DR. VIJAY ANAND MAHARAJ · Niyam