Caselaw | Supreme Court Judgements of january 1977

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State of Uttar Pradesh & Ors Vs. Modi Industries Limited [1977] INSC 1 (4 January 1977)

Judgement Date : 04 Jan 1977

Citation : 1977 Latest Caselaw 1 SC

Uttar Pradesh Bikri Kar (Sanshodhan) Adhiniyam, 1962

Headnote :

The respondent filed its sales tax returns for the assessment years 1948-49 and 1949-50 on the basis of its turnover of two previous years. In respect of certain commodities, the rate of sales tax was enhanced with effect from certain dates falling within the assessment years. The High Court on r...

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Madras Refineries Ltd. Vs. Controlling Revenue Authority, Board of revenue, Madras [1977] INSC 2 (5 January 1977)

Judgement Date : 05 Jan 1977

Citation : 1977 Latest Caselaw 2 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The appellant company executed .a Loan and Note Purchase Agreement with a foreign bank. Under that agreement the appellant was to authorise the creation and issuance of secured notes, Series A and B, and the Notes were to be issued under and secured by a Deed of Trust and Mortgage between the Compan...

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State of Madhya Pradesh Vs. State of Maharashtra & Ors [1977] INSC 3 (5 January 1977)

Judgement Date : 05 Jan 1977

Citation : 1977 Latest Caselaw 3 SC

Code of Civil Procedure, 1908 (CPC)

Om Prakash Gupta Vs. The State of Uttar Pradesh [1955] INSC 33 (21 April 1955)

Headnote :

Dismissing the appeal, the Court, HELD: (1) A litigant will be barred under Order 2 Rule 2 of the C.P.C. only when he omits to sue for or relinquishes the claim in a suit with knowledge that he has a right to sue for that relief. A right which he does not know that he possesses or a right which i...

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State of Maharashtra & ANR Vs. Vinayak [1977] INSC 4 (6 January 1977)

Judgement Date : 06 Jan 1977

Citation : 1977 Latest Caselaw 4 SC

Headnote :

Consequent to reorganisation of States, the Maharashtra Government published seniority lists from time to time, erroneously according to the respondent a lower place of seniority with the result that juniors got promoted and his promotion was unduly delayed. The respondent filed a writ petition aski...

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Jagmal Singh Yadav Vs. M. Ramayya & Ors [1977] INSC 5 (6 January 1977)

Judgement Date : 06 Jan 1977

Citation : 1977 Latest Caselaw 5 SC

Headnote :

Rule 3 of the Central Engineering Service Class II (Recruitment Rules) 1954 provides for the recruitment to the service by four methods; (a) by competitive examination; (b) by direct appointment, otherwise than by competitive examination; (c) by promotion; and (d) by transfer. Rule 4(c) provides...

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Retti Deenabandhu & Ors Vs. State of Andhra Pradesh [1977] INSC 6 (11 January 1977)

Judgement Date : 11 Jan 1977

Citation : 1977 Latest Caselaw 6 SC

CrPC Section 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 352. Punishment for assault or criminal force otherwise than on grave provocation

Headnote :

The appellants, upon conviction under the relevant sections of the Indian Penal Code, Explosive Substances Act and Arms Act, were sentenced to various terms of imprisonment. The total sentence of imprisonment to be undergone for some of the appellants was two years while in the case of other appella...

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Deputy Commissioner of Commercial Taxes Vs. H.R. Sri Ramulu [1977] INSC 7 (11 January 1977)

Judgement Date : 11 Jan 1977

Citation : 1977 Latest Caselaw 7 SC

Constitution of India

Headnote :

In respect of the assessment years 1959-60 and 1960-61, fresh assessments were made under s. 12A of the Mysore General Sales Tax Act 1957 by the , Commercial Tax Officer. By his order dated June 8, 1966, certain amounts which had escaped assessment under the original assessment orders dated March 21...

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Hargovind Dayal Srivastava & ANR Vs. G.N. Verma & Ors [1977] INSC 8 (12 January 1977)

Judgement Date : 12 Jan 1977

Citation : 1977 Latest Caselaw 8 SC

Headnote :

The appellant No. 1 is the President of the Oudh Bar and appellant No. 2 is the Chairman of Action Committee of the Oudh Bar Association. They met and passed a Resolution that the Chief Justice of Allahabad High Court was acting in a most partisan manner under the influence of the Allahabad Bar and...

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Mahabir Beopar Mandal Ltd Vs. Forward Market Commission [1977] INSC 9 (13 January 1977)

Judgement Date : 13 Jan 1977

Citation : 1977 Latest Caselaw 9 SC

Constitution of India

Headnote :

The appellants contended that the Forward Market Commission under the Forward Contract (Regulation) Act 1952 cannot impose conditions under sections 14A and 14B on the commodities in respect of which business can be carried out by persons who apply for registration. Secondly, the provisions. contain...

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Kalumiya Karimmiya Vs. State of Gujarat & Ors [1977] INSC 10 (14 January 1977)

Judgement Date : 14 Jan 1977

Citation : 1977 Latest Caselaw 10 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A notification was issued under section 4(1) of the Land Acquisition Act, 1894 on 7.6.1966 intending to acquire a total area of 13,900 sq. yds of land including 474 sq. yards of the appellant's land in Surat City. After considering the objections under s. 5A a notification under section 6 was is...

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Ranchhoddas Chhaganlal Vs. Devaji Supadu Dorik & Ors [1977] INSC 11 (17 January 1977)

Judgement Date : 17 Jan 1977

Citation : 1977 Latest Caselaw 11 SC

Indian Penal Code, 1860 (IPC)
Section 55. Effect of failure to perform a fixed time, in contract in which time is essential
Transfer of Property Act, 1882

Headnote :

The appellant agreed to sell certain land to the respondents by an agreement for sale entered into between the parties for Rs. 17,000/-. The respondent was put in possession pursuant to the said agreement after Rs. 12,000/were paid. He failed to pay the balance of Rs. 5,000/in spite of demand by the...

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State of Madhya Pradesh & Ors Vs. Galla Tilhan Vyapari Sangh & Ors [1977] INSC 12 (17 January 1977)

Judgement Date : 17 Jan 1977

Citation : 1977 Latest Caselaw 12 SC

Headnote :

The respondents challenged the constitutional validity of s. 37(5)(a) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, before the High Court on the ground that it places unreasonable restriction on the commission agent and puts a great burden on him for storing the goods given to him by his...

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Rev. Stainislaus Vs. State of Madhya Pradesh & Ors [1977] INSC 13 (17 January 1977)

Judgement Date : 17 Jan 1977

Citation : 1977 Latest Caselaw 13 SC

Constitution of India
CrPC Section 432. Power to suspend or remit sentences
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Orissa Freedom of Religion Act, 1967

Arun Ghosh Vs. State of West Bengal [1959] INSC 145 (2 December 1959)

Headnote :

The constitutional validity of the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968, was challenged in the High Court of Madhya Pradesh and the constitutional validity of the Orissa Freedom of Religion Act, 1967 was challenged in the High Court of Orissa. The two Acts prohibit forcible conversion a...

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Prithvi Raj Taneja Vs. State of Madhya Pradesh & Ors [1977] INSC 14 (18 January 1977)

Judgement Date : 18 Jan 1977

Citation : 1977 Latest Caselaw 14 SC

Gwalior
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant's land was acquired and compensation was awarded to him by the Land Acquisition Officer. Demanding a higher amount, the appellant had the matter referred to the District Judge who increased the award, but still discontented, the appellant went in appeal. The High Court also increas...

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D. Nagaraja Vs. State of Karnataka & Ors [1977] INSC 15 (18 January 1977)

Judgement Date : 18 Jan 1977

Citation : 1977 Latest Caselaw 15 SC

Constitution of India
Karnataka Land Revenue Act, 1964

Headnote :

The appellants held the post of Shambhogues on hereditary basis under the Mysore Village Offices Act 1908. This Court in the case of Gowla Dasrath Ramarao held that a law which recognises the custom by which a preferential right to an office vested in the members of a particular family was not consi...

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R. Dalmia Vs. Commissioner of Income-Tax, New Delhi [1977] INSC 16 (19 January 1977)

Judgement Date : 19 Jan 1977

Citation : 1977 Latest Caselaw 16 SC

Industrial Disputes (Appellate Tribunal) Act, 1950

Headnote :

Section 2(6C)(iii) of the Income-tax Act, 1922 provides that the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by any other person who has a substantial interest in the company (that is to say, who is concerned in the manag...

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Sashi Prasad Barooah Vs. The Agriculture Income-Tax Officer, Shillong,Assam & Ors [1977] INSC 17 (19 January 1977)

Judgement Date : 19 Jan 1977

Citation : 1977 Latest Caselaw 17 SC

Constitution of India

Headnote :

Rule 23 of the Assam Agricultural Income-tax Rules, 1939 provides that where an order apportioning the liability to the tax on the basis of partition has not been passed in respect of a Hindu undivided family hitherto. assessed as undivided or joint, such family shall be deemed, to continue to be a...

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Narayana Prabhu Venkateswara Prabhu Vs. Narayan Prabhu Krishna Prabhu & Ors [1977] INSC 18 (19 January 1977)

Judgement Date : 19 Jan 1977

Citation : 1977 Latest Caselaw 18 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Explanation II to s. 11 C.P.C. provides that for the purposes of the section, the competence of a Court shall be determined irrespective of any provision as to a right of appeal from the decision of such Court. Explanation VI provides that where persons litigate bona fide in respect of a private rig...

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Balkrishna Somnath Vs. Sada Devram Koli & ANR [1977] INSC 19 (20 January 1977)

Judgement Date : 20 Jan 1977

Citation : 1977 Latest Caselaw 19 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

Under s. 32 of the Bombay Tenancy and Agricultural Lands Act 1948, the. tiller of the land had the right to purchase the land tenanted to him. Where the landlord is a minor or a widow or a person subject to any mental or physical disability, the right to purchase such land is postponed till their di...

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Sita Ram Bhau Patil Vs. Ramchandra Nago Patil & ANR [1977] INSC 20 (20 January 1977)

Judgement Date : 20 Jan 1977

Citation : 1977 Latest Caselaw 20 SC

Headnote :

The appellant was owner of the suit land. The appellant's wife sold this land to respondent No 1. Thereafter, the appellant made an application under s. 70(b) of the Bombay Tenancy & Agricultural Lands Act, 1948, for a declaration that he was a tenant of two of the 4 plots of the land. The d...

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Mangal Oram & Ors Vs. State of Orissa & ANR [1977] INSC 21 (20 January 1977)

Judgement Date : 20 Jan 1977

Citation : 1977 Latest Caselaw 21 SC

Resettlement of Displaced Persons (Land Acquisition) Act, 1948

Headnote :

Section 2(c) of the Orissa Development of Industries, Irrigation, Agriculture, Capital construction and Resettlement of Displaced persons" (Land Acquisition) Act, 1948 (Act XVIII of 1948), defines development of industries to mean and include the construction of Hirakund Dam and other dams and...

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Town Municipal Council Vs. Urmilla Kothari [1977] INSC 22 (20 January 1977)

Judgement Date : 20 Jan 1977

Citation : 1977 Latest Caselaw 22 SC

Karnataka Municipalities Act, 1964

Headnote :

The respondent is a transporter. The respondent lifts the iron ore in his trucks from Hubli Railway yard and carries it to Karwar and Belekeri harbours. The trucks of the respondent have to pass in the course of transit through :he limits of various Town Municipalities situate on the highway of whic...

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Travancore Cochin Chemicals Limited Vs. Commissioner of Income-Tax, Kerala [1977] INSC 23 (21 January 1977)

Judgement Date : 21 Jan 1977

Citation : 1977 Latest Caselaw 23 SC

Income Tax Act, 1961

Headnote :

The appellant assessee is a public limited company who spent Rs.26,100/for the construction of a new road for improving transport facilities in the area where its factory is located and sought to deduct this amount from its total income claiming this as revenue expenditure for the year. The claim...

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State of Gujarat Vs. Ramesh Chandra Mashruwala [1977] INSC 24 (21 January 1977)

Judgement Date : 21 Jan 1977

Citation : 1977 Latest Caselaw 24 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

Pursuant to the departmental enquiry conducted by the High Court and on its recommendation, the Gujarat Governor dismissed the respondent from the service of Registrar, Small Causes Court, Ahmadabad. The respondent challenged by way of a writ the said order contending: (1) The High Court was not his...

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Krishna Kumar Mediratta Vs. Phulchand Agarwala & Ors [1977] INSC 25 (21 January 1977)

Judgement Date : 21 Jan 1977

Citation : 1977 Latest Caselaw 25 SC

Headnote :

The appellant applied on 14-10-1961 for a prospecting licence for an area of 833.53 acres under rule 9(1) of the Mineral Concessions Rules, 1960. The application was in order, in all respects, except to the extent that instead of Rs. 32/-, the fees payable, a sum of Rs. 24/only was paid. However,...

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Tata Engineering & Locomotive Co. Ltd., Bombay Vs. The Registrar of The Restrictive Trade Agreement, New Delhi [1977] INSC 26 (21 January 1977)

Judgement Date : 21 Jan 1977

Citation : 1977 Latest Caselaw 26 SC

Headnote :

Section 2(o) of the Restrictive Trade Practices Act, 1969 defines "restrictive trade practice" to be a trade practice which tends to bring about manipulation of prices or conditions of delivery or to affect the flow of supplies in the market relating to goods or services in such manner as...

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Textile Machinery Corporation Limited, Calcutta Vs. The Commissioner of Income-Tax, West Bengal, Calcutta [1977] INSC 27 (25 January 1977)

Judgement Date : 25 Jan 1977

Citation : 1977 Latest Caselaw 27 SC

Headnote :

Section 15C of the Indian Income-tax Act 1922, which deals with exemption from tax of newly established industrial undertakings, provides in sub-s. 2(i) that the section applies, among others, to any industrial undertaking which is not formed by the splitting up or the reconstruction of business alr...

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Dadu Yogendrenath Singh & Ors Vs. The Collector, Seoni [1977] INSC 28 (25 January 1977)

Judgement Date : 25 Jan 1977

Citation : 1977 Latest Caselaw 28 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Responding to a notice under s. 9 of the Land Acquisition Act, 1894, the appellants filed a claim for Rs.1500/per acre at which rate the adjoining lands were sold. The Collector awarded compensation at the rate of Rs.450/per acre. At the instance of the appellants under s. 18 of the Act, the matter...

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Union of India Vs. Bhanudas Krishna Gawde & Ors [1977] INSC 29 (25 January 1977)

Judgement Date : 25 Jan 1977

Citation : 1977 Latest Caselaw 29 SC

Defence of India Act, 1962

Makhan Singh Vs. State of Punjab [1952] Insc 41 (2 September 1952)

Headnote :

The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Maharashtra Conditions of Detention) Order, 1974 provides that security prisoners shall not be allowed to supplement their diet even at their own expense, restricts the security prisoner from receiving funds from relatives...

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Rangaswami, The Textile Commissioner & Ors Vs. Sugar Textile Mills (P) Ltd. & ANR [1977] INSC 30 (27 January 1977)

Judgement Date : 27 Jan 1977

Citation : 1977 Latest Caselaw 30 SC

Cotton Textiles (Control) Order, 1948

State of Uttar Pradesh Vs. Jogendra Singh [1963] INSC 47 (4 March 1963)

Headnote :

Clause 20 of the Cotton Textiles (Control) Order, 1948 empowers the Textile Commissioner, having regard to the capacity of the producer to produce cloth and yarn of different description or specification and to the needs of the general public, to issue from time to time such directions in writing to...

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Dattatraya Govind Mahajan & Ors Vs. State of Maharashtra & ANR [1977] INSC 31 (27 January 1977)

Judgement Date : 27 Jul 1977

Citation : 1977 Latest Caselaw 31 SC

Constitution of India
Punjab Land Reforms Act, 1972
Rajasthan Tenancy Act, 1955

Headnote :

Punjab Land Reforms Act, 1972 included in the protective umbrella of the Ninth Schedule, subsequent to the decision of the High Court declaring certain provisions thereof as unconstitutional Art. 3lB being retrospective is entitled to the immunity conferred by it. U.P. Imposition of Ceiling on La...

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State of Maharashtra Vs. Bhalchandra Khanderao Joshi & ANR [1977] INSC 32 (27 January 1977)

Judgement Date : 27 Jul 1977

Citation : 1977 Latest Caselaw 32 SC

Headnote :

After the reorganisation of the States a separate seniority list was prepared by the State of Bombay for History and Political Science teachers. On 20.8.1963, the Director of Education issued a letter conveying the decision of Government to amalgamate the list of lecturers in History and Lecturers i...

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State of Orissa & ANR Vs. N.N. Swamy & Ors [1977] INSC 33 (27 January 1977)

Judgement Date : 27 Jan 1977

Citation : 1977 Latest Caselaw 33 SC

Constitution of India

Headnote :

The respondents were working as Readers in Khallikote College, a private institution which was taken over by the Orissa Government on March 9, 1971. A Government circular containing conditions governing taking over the services of the teaching staff of Khallikote College, was issued on March 23, 197...

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Minu B. Mehta & ANR Vs. Balkrishna Ramchandra Nayan & ANR [1977] INSC 34 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 34 SC

Motor Vehicles Act, 1939

Headnote :

While the respondent was travelling in his car, the appellant's truck, driven by a driver, hit the car and caused injuries to the respondent and damaged the car. The Claims Tribunal awarded compensation to the respondent, and the High Court upheld the Tribunal's award. In the course of the j...

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Govind Prasad Chaturvedi Vs. Hari Dutt Shastri & ANR [1977] INSC 35 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 35 SC

Headnote :

The appellants entered into an agreement with the respondents on March 24, 1964, for purchasing the suit property belonging to the latter. The terms of the agreement provided that the appellant would get the sale deed executed up to May 24, 1964, and in case of his failure to do so, the earnest mone...

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Chhagan Lal Vs. Municipal Corporation, Indore [1977] INSC 36 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 36 SC

M.P. Municipal Corporation Act, 1956

Headnote :

Under the Madhya Bharat Municipalities Act, 1954, the Municipal Corporation determined the house lax payable by the appellant in respect of his house with effect from April 1, 1954. On appeal by the appellant regarding assessment, the Additional District Judge remanded the case to the Corporation fo...

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Municipal Board Maunath Bhanjan Vs. Swadeshi Cotton Mills Co. Ltd. & Ors [1977] INSC 37 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 37 SC

Municipal Board, Hapur Vs. Raghuvendra Kripal & Ors [1965] INSC 189 (23 September 1965)

Headnote :

In 1968-69 the respondent was constructing a textile factory within the area of the appellant Board, and obtained exemption from the levy of octroi on its incoming building material on the ground that it was a new concern. It then started bringing more articles within its premises with the result th...

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Sukhdev Singh & Ors Vs. Gram Sabha Bari Khad & Ors [1977] INSC 38 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 38 SC

Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961
Punjab Village Common Lands (Regulation) Act, 1961

Headnote :

The appellants filed a suit for a declaration that the suit land inherited by them was not "shamlat deh" within the meaning of section 2(g) of the Punjab Village Common Land (Regulation) Act, 1961, because it was excluded by virtue of proviso (iv) to the clause. They contended that the rev...

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Fatehchand Himmatlal & Ors Vs. State of Maharashtra [1977] INSC 39 (28 January 1977)

Judgement Date : 28 Jan 1977

Citation : 1977 Latest Caselaw 39 SC

Constitution of India

Headnote :

The Maharashtra Legislature passed the Maharashtra Debt Relief Act. 1976. By the said Act the existing debts of some classes of some indigents have been liquidated. The Act is a temporary measure. The validity of the said Act was challenged in the present writ petition and appeals on the following g...

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