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february 1968

Supreme Court of India · 1968-02-26

ARBIND KUMAR SINGH vs NAND KISHORE PRASAD & ORS.

Citation / case number
SC 1967/53
Court
Supreme Court of India
Petitioner
ARBIND KUMAR SINGH
Respondent
NAND KISHORE PRASAD & ORS.
Author
C. SHAH
Bench
J.C. SHAH

Judgment text excerpt

The Supreme Court held that the term 'civil proceedings' in Article 133 encompasses all proceedings affecting civil rights, thus allowing the High Court to grant a certificate in a proceeding under Article 226. The Court clarified that the liability to pay transport tax arises from statutory injunction rather than an assessment order, confirming the appellant's tax liability on the date of the permit order. The failure to produce a clearance certificate for the tax justified the cancellation of the permit, and the appeal was dismissed.

ARBIND KUMAR SINGH vs NAND KISHORE PRASAD & ORS. · Niyam