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1 - 10 of 11 (0.25 seconds)The State Financial Corporations Act, 1951
Section 7 in Kerala Revenue Recovery Act, 1968 [Entire Act]
Section 70 in Kerala Revenue Recovery Act, 1968 [Entire Act]
Hansraj Gupta vs The Official Liquidators, Dehra-Dun ... on 16 December, 1932
In the case of Hansraj Gupta v. Dehra Dun-Mussoorie
Electric Tramway Co. Ltd. [AIR 1933 PC 63 : (1932-33) 60
IA 13] the Privy Council was required to interpret the words
"money due" under Section 186 of the Companies Act, 1913.
Section 186 dealt with the recovery of any money due to the
company from a contributory. Interpreting the words "money
due", the Privy Council said that the phrase would only refer
to those claims which were not time-barred.
New Delhi Municipal Committee vs Kalu Ram & Anr on 20 April, 1976
In the case of New Delhi Municipal Committee v. Kalu
Ram [(1976) 3 SCC 407] relying on the Privy Council
decision in Hansraj Gupta v. Dehra Dun-Mussoorie Electric
Tramway Co. Ltd. [AIR 1933 PC 63 : (1932-33) 60 IA 13]
this Court interpreted Section 7 of the Public Premises
(Eviction of Unauthorised Occupants) Act, 1958 in a similar
way. Under that section where any person is in arrears of
rent payable in respect of any public premises, the Estate
Officer may, by order, require that person to pay the same
within such time and in such instalments as may be specified
in the order. While considering the meaning of the words
"arrears of rent payable" this Court examined whether
Section 7 creates a right to realise arrears of rent without
any limitation of time. The Court observed that the word
"payable" is somewhat indefinite in import and its meaning
must be gathered from the context in which it occurs. In the
context of recovery of arrears of rent under Section 7, this
Court said that if the recovery is barred by the law of
limitation, it is difficult to hold that the Estate Officer could
still insist that the said amount was payable. When a duty is
cast on an authority to determine the arrears of rent the
determination must be in accordance with law. Section 7 only
covers arrears not otherwise time-barred.
Indian Companies Act, 1913
Section 7 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
State Of Kerala & Ors vs V.R.Kalliyanikutty & Anr on 1 April, 1999
30. As far as the finding in V.R. Kalliyanikutty (supra) regarding
Section 70(3) of the Kerala Revenue Recovery Act, which provides
for a suit by the debtor for refund after payment under protest, is
concerned, what is to be noted is that the defence for the State
Financial Corporations that the State Financial Corporations Act
conferred an additional right to recover amounts due would still be
applicable. Therefore, the existence of the right to the debtor under
Section 70(3) of the Kerala Revenue Recovery Act cannot be said
to be determinative of the issue."