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february 1973

Supreme Court of India · 1973-02-13

RAJA JAGDISH PRATAP SAHI vs STATE OF UTTAR PRADESH

Citation / case number
SC 1970/60251
Court
Supreme Court of India
Petitioner
RAJA JAGDISH PRATAP SAHI
Respondent
STATE OF UTTAR PRADESH
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that under Section 32 of the U.P. Agricultural Income-tax Act, 1948, the only mode of recovery for arrears of tax or penalty is through the specified recovery proceedings, and not through a regular suit. The Court found that the High Court erred in reversing the trial court's dismissal of the suit, as the State's claim was not maintainable outside the provisions of Section 32. Consequently, the appeal was allowed, affirming the trial court's decision and dismissing the suit filed by the State.

RAJA JAGDISH PRATAP SAHI vs STATE OF UTTAR PRADESH · Niyam