Vijai Kumar and ors. Vs. State of U.P. and ors.

Vijai Kumar and ors. vs State of U.P. and ors.

Type Court Judgment Court Allahabad Decided Nov 12, 2003

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Citation: sooperkanoon.com/484265
Court: Allahabad High Court
Judge: M. Katju and ;Umeshwar Pandey, JJ.
Decided On: Nov 12, 2003
Case Number: C.M.W.P. No. 50231 of 2003
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

Vijai Kumar and ors.

Advocate P.C. Srivastava, Adv.

Respondent

State of U.P. and ors.

Advocate Vinod Mishra, Adv. and ;S.C.

Legal References

Reported In: AIR2004All172; 2004(1)AWC531

Excerpt

- orderm. katju, j.1. heard learned counsel for the parties.2. petitioners claim to be sons of late nand lal vaishya. it is alleged that there were electricity dues against nand lal vaishya, who died on 11.5.2001. the impugned recovery has been challenged on the ground that the petitioners cannot be made liable to pay the dues of late nand lal vaishya.3. it is true that a man cannot be made liable to pay the dues of his father. however, if the father dies then the dues can be recovered from his estate, and if any part of the estate is inherited by the son then obviously the dues can be recovered from that part of the property of the father, which has been inherited by the son. hence, this petition is disposed off with the direction that the impugned dues can be recovered from the estate of late nand lal vaishya, and if any part of his property was inherited by the petitioners then it can be recovered from those properties.

Full Judgment

ORDER

M. Katju, J.

1. Heard learned counsel for the parties.

2. Petitioners claim to be sons of late Nand Lal Vaishya. It is alleged that there were electricity dues against Nand Lal Vaishya, who died on 11.5.2001. The impugned recovery has been challenged on the ground that the petitioners cannot be made liable to pay the dues of late Nand Lal Vaishya.

3. It is true that a man cannot be made liable to pay the dues of his father. However, if the father dies then the dues can be recovered from his estate, and if any part of the estate is inherited by the son then obviously the dues can be recovered from that part of the property of the father, which has been inherited by the son. Hence, this petition is disposed off with the direction that the impugned dues can be recovered from the estate of late Nand Lal Vaishya, and if any part of his property was inherited by the petitioners then it can be recovered from those properties.

Same Court & Year Allahabad · 2003 Same Parties Vijai Kumar and ors. vs State of U.P. and ors. Same Subject Family Same Judge M. Katju and ;Umeshwar Pandey, JJ.

Family