debt
being a judgment debt or a debt arising out of statute, but
the principle is that if the debts are of equal degree ... deals with
substantive rights of the Crown as against its subjects, as,
for example, the priority of Crown debts over debts of the
same nature
crown debt
5
prevails over other debts is confined only to the unsecured ones as secured
debts will always prevail over a crown debt ... subject. Crown debt means the debts due to the State or
the king; debts which a prerogative entitles the Crown to claim priority for
before
consideration, Firstly, whether the recovery of sales tax dues (amounting to Crown debt) shall have precedence over the right of the Bank to proceed against ... What is common law doctrine of priority or precedence of crown debts ? Halsbury, dealing with general rights of the crown in relation to property, states
debt". A debt due to the Sovereign Government of the land carries with it a paramount preferential right to recover and realise the debt ... belonging to the debtor the court can order payment of a Crown debt due by the debtor on the application of the Crown. In that
control by Parliament.
When British Crown administered India, it applied the same law of prerogative for priority for
Crown debts. Crown and its prerogatives ... character of a prerogative of the Crown to collect revenue and therefore Crown debt was given the priority on the basis
debt being a judgment debt or a debt arising out of statute, but the Principle was that if the debts were of equal degree ... Common law doctrine of priority of Crown would not extend to providing preference to Crown debts over secured private debts. It was impact of Section
specified Crown debts, are brought into the class of debts identified by Section 209(1)(a) , (b), (c), (d). Debts of this class ... other debts, whether Crown debts or not, which are not in that
class. Further, all debts, whether Crown debts or not, which
words, the priority given to Crown debts over other unsecured debts will prevail even against a secured debt if the arrears of income-tax accrued ... must be a debt which is not disputed or is indisputable. In this case the debt represents money due to the Crown under the Income
recognizance given to the Crown by an appellant for respondent's costs should be treated as a Crown debt in spite of the fact ... realized by the Crown for its own benefit, the amount of the fine is not a Crown debt which is entitled to priority over
dues over that of the Government dues and priority of
crown debts is only over unsecured debts.
https://www.mhc.tn.gov.in/judis ... debts) get priority over ordinary debts.
(ii)Only when there is a specific provision in the statute claiming
“first charge” over the property, the Crown
