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1 - 6 of 6 (0.36 seconds)Jai Singh Dalal And Ors. vs State Of Haryana And Anr. on 18 December, 1992
The issue raised in the present writ petition stands
concluded by the Full Bench of this Court in a judgment reported as Jai
Singh and others v. State of Haryana, 2003(2) PLR 658. It has been
held that the condition of pre-deposit of the entire amount of penalty is
not illegal. It was held to the following effect:-
Shyam Kishore And Others vs Municipal Corporation Of Delhi And ... on 3 September, 1992
"60. While challenging the proviso, reproduced
above, learned counsel contends that the remedy of
appeal against an order of eviction, that may be
passed under Section 7 of the Act of 1961, has been
made absolutely illusory inasmuch as same is
Civil Writ Petition No. 12763 of 1992 (O&M) [3]
incompetent till such time the penalty imposed under
Section 7(2) is deposited. This argument has to be
stated to be rejected inasmuch as the very filing of an
appeal is creation of a statute and if no meaningful
argument can be raised if the statute may not provide
any appeal as such, the conditions attached in filing
the appeal cannot be successfully challenged. The
Hon'ble Supreme Court in Shyam Kishore and others
v. Municipal Corporation of Delhi and another, AIR
1992 Supreme Court 2279, upheld the vires of
Section 170(b) of the Delhi Municipal Corporation
Act, 1957, dealing with the condition of deposit of
tax amount as a condition precedent for hearing or
determination of the appeal.
Emerald International Ltd. vs State Of Punjab And Ors. on 21 February, 1997
A Full Bench of this
Court in M/s Emerald International Ltd. v. The State
of Punjab, (1997-2) 116 PLR 797 held that "the
legislature could impose condition for exercise of
right of appeal and that there is neither a
constitutional nor legal impediment for imposition of
such a condition". It was further held that " in case a
person wanted to avail of the right of appeal, he has
to accept the conditions imposed by the statute". By
virtue of provisions contained in Section 20 of the
Haryana General Sales Tax Act, 1973, there is a
complete bar to the entertainment of an appeal by the
Appellate Authority without payment of tax amount.
Unless the authority is satisfied that the dealer was
unable to pay the amount so assessed and only in that
situation the appellate authority, for the reasons to be
recorded in writing, could entertain the appeal
without deposit of the payment of such amount."
Section 13 in The Punjab Village Common Lands (Regulation) Act, 1961 [Entire Act]
The Punjab Village Common Lands (Regulation) Act, 1961
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