Saturday, July 23, 2022

Recovery certificate and consequential proceedings set aside by Allahabad High court

U.P. Public Moneys ( Recovery of Dues ) Act , 1972 - Sections 2 and 4 U.P. Agricultural Credit Act , 1973 Sections 3 , 4 , 6 and 11 - Loan Recovery of - Quashing of recovery certificate issued under the Act of 1972 and attachment notice - Case of the petitioner that disputed loan is an agricultural loan within the ambit of Act of 1973 and recovery proceedings initiated against him under the Act of 1972 are beyond jurisdiction Act of 1973 enacted for special purpose and specific class of citizens namely agriculturists who have taken agricultural loan - Special enactment shall prevail over the general statute - Act of 1973 is a beneficial legislation created for agriculturists and shall prevail over the Act of 1972 - Recovery certificate issued by the respondent No. 5 bank is beyond jurisdiction - Impugned  recovery certificate and consequential proceedings set aside Writ petition allowed . 

No comments:

Post a Comment

Court Imposes Rs. 10,000/- Cost For Filing Affidavit WithoutDeponent's Signature, DirectsRemoval Of OathCommissioner For Fraud:Allahabad High Court

Allahabad Hon'ble High Court (Case: CRIMINAL MISC. BAIL APPLICATION No. 2835 of 2024) has taken strict action against an Oath Commission...