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september 2006

Supreme Court of India · 2006-09-26

Ashok Mahajan vs State Of U.P. & Ors

Citation / case number
2006 AIR SCW 4925
Court
Supreme Court of India
Petitioner
Ashok Mahajan
Respondent
State Of U.P. & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the dismissal of a writ petition challenging a recovery certificate issued under the Uttar Pradesh Public Moneys (Recovery of Dues Act) 1972. The Court clarified that the liability of the guarantor can be enforced even when the principal borrower has no assets, as per Section 279(1)(b) of the Uttar Pradesh Zamindari Abolition Act, 1950. The Court found that the appellant's claims regarding his status as a guarantor were inconsistent and affirmed the High Court's ruling that the recovery actions were lawful.

Ashok Mahajan vs State Of U.P. & Ors · Niyam