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august 1983

Supreme Court of India · 1983-08-23

RAM NARAYAN AGARWAL ETC ETC. vs STATE OF UTTAR PRADESH & OTHERS

Citation / case number
SC 1980/63437
Court
Supreme Court of India
Petitioner
RAM NARAYAN AGARWAL ETC ETC.
Respondent
STATE OF UTTAR PRADESH & OTHERS
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the recovery procedure under the U.P. Zamindari Abolition and Land Reforms Act, 1950, stating it does not violate Articles 14, 19(1)(d), and 21 of the Constitution. The Court clarified that while warrants of arrest could be issued for tax recovery, the procedure must comply with Rule 251, which requires an inquiry into the necessity of detention. The Court also ruled that Article 11 of the International Covenant on Civil and Political Rights is not applicable as it has not been incorporated into Indian law and pertains to contractual debts.

RAM NARAYAN AGARWAL ETC ETC. vs STATE OF UTTAR PRADESH & OTHERS · Niyam