<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1957 (4) TMI 2 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=49653</link>
    <description>A recovery statute authorising arrest for wilful non-payment of public dues was upheld as a lawful coercive measure, not punitive detention. The Court treated the deprivation of liberty as governed by Article 21 and held that, where the procedure is established by law, related Article 19 objections fail; the provisions were therefore not unconstitutional under Articles 14, 19, 21 or 22. It further construed the recovery scheme to permit arrest without prior hearing once statutory conditions were met, subject to judicial scrutiny of the Collector&#039;s belief, and held that payment of the arrears entitled the defaulter to release. The arrest and recovery proceedings were sustained.</description>
    <language>en-us</language>
    <pubDate>Thu, 11 Apr 1957 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 08 Sep 2014 08:42:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=88133" rel="self" type="application/rss+xml"/>
    <item>
      <title>1957 (4) TMI 2 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=49653</link>
      <description>A recovery statute authorising arrest for wilful non-payment of public dues was upheld as a lawful coercive measure, not punitive detention. The Court treated the deprivation of liberty as governed by Article 21 and held that, where the procedure is established by law, related Article 19 objections fail; the provisions were therefore not unconstitutional under Articles 14, 19, 21 or 22. It further construed the recovery scheme to permit arrest without prior hearing once statutory conditions were met, subject to judicial scrutiny of the Collector&#039;s belief, and held that payment of the arrears entitled the defaulter to release. The arrest and recovery proceedings were sustained.</description>
      <category>Case-Laws</category>
      <law>Income Tax</law>
      <pubDate>Thu, 11 Apr 1957 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=49653</guid>
    </item>
  </channel>
</rss>