SARDAR DILSHAR SINGH versus THE LABOUR COMMISSIONER AND ANR.
The Act does not require prior notice before issuing a warrant of arrest for recovery of arrears of land revenue. Issuance of such notice would undermine the provision's effectivity and is not mandated by the Constitution.
- Parties
- Appellant: Sardar Dilshar Singh; Respondents: The Labour Commissioner and Anr.
- Jurisdiction
- India
- Judgment Date
- 12 September 1995
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From High Court Judgment
- Outcome
- Appeal dismissed.
- Legal Topics
- Recovery of Land Revenue Arrears, Labour Court Compensation Enforcement, Arrest for Revenue Default, Due Process Under Constitution
Case Brief
Summary, issues, holding and outcome
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Parties
Sardar Dilshar Singh
Appellant
The Labour Commissioner and Anr.
Respondents
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Legal Issues
- 1 Whether prior notice is required before arrest under Punjab Land Revenue Act, 1887 for recovery of arrears as land revenue
- 2 Whether the procedure under ss.67 and 69 violates Articles 14 and 21 of the Constitution
Ratio Decidendi
The Act does not require prior notice before issuing a warrant of arrest for recovery of arrears of land revenue. Issuance of such notice would undermine the provision's effectivity and is not mandated by the Constitution.
Court Disposition
Appeal dismissed.
Orders
- Appeal is dismissed. No costs.
Full Case Text
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