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august 1979

Supreme Court of India · 1979-08-01

INDU BHUSHAN GUPTA vs STATE OF U.P. & ORS.

Citation / case number
SC 1969/60356
Court
Supreme Court of India
Petitioner
INDU BHUSHAN GUPTA
Respondent
STATE OF U.P. & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the taccavi loan was taken by the appellant in his individual capacity, not as Karta of the joint family, and thus he was personally liable for repayment. The Court ruled that the compromise decree between the appellant and his brother did not bind the Government, as it was not a party to the suit. Furthermore, the Collector was entitled to recover the dues under Section 7(1) of the Land Improvement Loans Act and Section 289(1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, affirming the legality of the recovery process initiated against the appellant's property and person.

INDU BHUSHAN GUPTA vs STATE OF U.P. & ORS. · Niyam