Supreme Court · 1960 INSC 260 · Decided 12 December 1960

State of Kerala and OTHERS. v. C. M. Francis & CO.

Court
Supreme Court of India
Citation
1960 INSC 260 · [1961] 3 S.C.R. 181
Case number
CIVIL APPEAL No. 279/1959
Decided
12 December 1960
Bench
J.L. KAPUR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CrPC Section 386(1)(h), 386; CPC; Constitution Article 226

Headnote

SUPREME COURT REPORTS 181 STATE OF KERALA AND OTHERS. v. C. M. FRANCIS & CO. (J. L. KAPUR, M. HIDAYATULLAH and J. c. SHAH, JJ.) Sales Tax-Recovery of-Remedies open to the authorities­ Code of Criminal Procedure, 1898 (V of 1898, s. 386(r)(b)-Travan­ core Cochin General Sales Tax Act Act for the recovery of the arrears of Sales Tax as if they were arrears of land revenue. The proceedings were not fruitful. Thereafter a prosecution under s. 19 of the Act was instituted against the partners who plead­ ed guilty and the magistrate issued warrants under s. 386(1)(h) of the

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