Supreme Court · [1961] 2 S.C.R. 63 · Decided 25 October 1960
P.C. Joshi and Another v. The State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- [1961] 2 S.C.R. 63
- Case number
- CRIMINAL APPEAL No. 130/1960
- Decided
- 25 October 1960
- Bench
- S.K. DAS, J.C. SHAH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 500; CrPC Section 198B(3)(b); Constitution Article 136
Headnote
SUPREME COURT REPORTS 63 for larger sums than what were legitimately due to him. It is contended that on these facts it could not be said that there was a general refu&al to pay rent within the meaning of s. 85 of the. Tenancy Act. Hence, it is said that the Notification was vltra vires the makes no mention of it. Whether it is open for a Court to go behind the notification issued under s. 85 and decide its validity or not, this contention of the tenants raises a question of fact as to how many tenants bad refused to pay rent. It also raises a question of interpret&. tion of
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