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 submitted its sales tax returns for the assessment years 1948-49 and 1949-50 based on its turnover from the two preceding years. For certain goods, the sales tax rate was increased effective from specific dates within those assessment years.The High Court, upon review, determined that...

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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 entered into a Loan and Note Purchase Agreement with a foreign bank. According to this agreement, the appellant was to authorize the creation and issuance of secured notes, designated as Series A and B. These Notes were to be issued under and secured by a Deed of Trust and Mort...

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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 :

The Court, in dismissing the appeal, stated:HELD: (1) A litigant is barred under Order 2 Rule 2 of the C.P.C. only if they fail to sue for or abandon a claim in a suit while being aware of their right to seek that relief. A right that the litigant is unaware of or one that does not exist at the time...

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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 :

Following the reorganization of States, the Maharashtra Government issued seniority lists periodically. According to the respondent, these lists incorrectly placed him lower in seniority, resulting in the promotion of juniors and an undue delay in his own promotion. The respondent subsequently filed...

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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 outlines four methods for recruitment to the service: (a) through competitive examination; (b) via direct appointment without a competitive examination; (c) through promotion; and (d) by transfer. According to Rule 4(c), the...

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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, after being convicted under the applicable sections of the Indian Penal Code, the Explosive Substances Act, and the Arms Act, received varying prison sentences. Some appellants were sentenced to two years, while others received a one-year sentence. The High Court rejected the appeal,...

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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 :

For the assessment years 1959-60 and 1960-61, new assessments were conducted under section 12A of the Mysore General Sales Tax Act of 1957 by the Commercial Tax Officer. In an order dated June 8, 1966, certain amounts that had not been assessed in the original orders from March 21, 1963, were added...

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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 :

Appellant No. 1 serves as the President of the Oudh Bar, while appellant No. 2 holds the position of Chairman of the Action Committee of the Oudh Bar Association. They convened and adopted a Resolution stating that the Chief Justice of the Allahabad High Court was behaving in a highly biased manner...

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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 argued that the Forward Market Commission, as per the Forward Contract (Regulation) Act of 1952, does not have the authority to impose conditions under sections 14A and 14B concerning the commodities that individuals seeking registration can trade. They further claimed that the provis...

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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 on June 7, 1966, under section 4(1) of the Land Acquisition Act, 1894, with the intention to acquire a total of 13,900 square yards of land, which included 474 square yards belonging to the appellant in Surat City. After reviewing the objections under section 5A, a notifica...

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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 entered into a sale agreement with the respondents to sell a specific piece of land for Rs. 17,000/-. Following the agreement, the respondents were given possession of the land after paying Rs. 12,000/-. However, they did not pay the remaining Rs. 5,000/ despite the appellant\'s demand...

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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 contested the constitutional validity of section 37(5)(a) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972, in the High Court, arguing that it imposes unreasonable restrictions on commission agents and places a significant burden on them for storing goods entrusted to them by...

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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 legitimacy of the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968, was contested in the High Court of Madhya Pradesh, while the constitutional validity of the Orissa Freedom of Religion Act, 1967, was challenged in the High Court of Orissa. Both Acts prohibit forced conversions...

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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 property was taken for acquisition, and he received compensation from the Land Acquisition Officer. Unsatisfied with the amount, the appellant sought a review from the District Judge, who raised the compensation. However, the appellant remained dissatisfied and appealed further. The...

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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 position of Shambhogues on a hereditary basis under the Mysore Village Offices Act of 1908. In the case of Gowla Dasrath Ramarao, this Court determined that a law recognizing a custom that grants preferential rights to an office based on family lineage is inconsistent with th...

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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 states that any benefit or perquisite received from a company, whether it can be converted into cash or not, by a director or by any individual with a significant interest in the company (defined as someone involved in the company\'s management and hold...

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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 states that if no order has been made to apportion tax liability following a partition of a Hindu undivided family that has previously been assessed as undivided or joint, that family will still be considered a Hindu undivided or joint family....

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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 Section 11 of the C.P.C. states that, for the purposes of this section, a Court\'s competence is to be assessed without regard to any provisions concerning the right to appeal from that Court\'s decision. Additionally, Explanation VI clarifies that when individuals engage in litiga...

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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 :

According to Section 32 of the Bombay Tenancy and Agricultural Lands Act of 1948, a tenant has the right to purchase the land they cultivate. However, if the landlord is a minor, a widow, or someone with a mental or physical disability, the tenant\'s right to purchase is deferred until the landlord\...

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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 owned the disputed land, which was sold by his wife to respondent No. 1. Subsequently, the appellant filed an application under section 70(b) of the Bombay Tenancy & Agricultural Lands Act, 1948, seeking a declaration that he was a tenant of two out of the four plots of land. This matt...

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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 the development of industries to encompass the construction of the Hirakud Dam and other dams and reservo...

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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 operates as a transporter, responsible for transporting iron ore from the Hubli Railway yard to the harbors at Karwar and Belekeri using his trucks. During transit, his trucks pass through several Town Municipalities along the highway, one of which is the appellant\'s municipality. No...

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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, a public limited company, incurred an expense of Rs. 26,100 for constructing a new road to enhance transportation facilities in the vicinity of its factory. The company sought to deduct this amount from its total income, asserting it as a revenue expenditure for the fiscal year.Howeve...

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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 :

In accordance with the departmental inquiry carried out by the High Court and based on its recommendations, the Governor of Gujarat dismissed the respondent from his position as Registrar of the Small Causes Court in Ahmedabad. The respondent contested this dismissal through a writ petition, arguing...

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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 submitted an application on October 14, 1961, for a prospecting license covering an area of 833.53 acres in accordance with rule 9(1) of the Mineral Concessions Rules, 1960. The application was complete in all aspects, except that a fee of only Rs. 24 was paid instead of the required R...

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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 a \"restrictive trade practice\" as any trade practice that tends to manipulate prices or delivery conditions, or affects the supply flow of goods or services in a way that imposes unjustified costs or restrictions on consumers. Secti...

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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 of 1922 addresses tax exemptions for newly established industrial undertakings. According to sub-section 2(i), this section applies to any industrial undertaking that is not created through the division or reorganization of an already existing business.The ap...

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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 :

In response to a notice issued under section 9 of the Land Acquisition Act, 1894, the appellants submitted a claim for compensation of Rs. 1500 per acre, which was the rate at which neighboring lands had been sold. However, the Collector determined the compensation to be Rs. 450 per acre. Following...

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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 stipulates that security prisoners are prohibited from enhancing their diet even at their own cost, restricts them from receiving financial support from family and friends, l...

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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 grants the Textile Commissioner the authority to issue written directives to manufacturers regarding the types or specifications of cloth and yarn they are permitted to produce, as well as the maximum or minimum quantities they must adhere to, b...

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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 :

The Punjab Land Reforms Act, 1972 is protected under the Ninth Schedule following a High Court ruling that deemed certain provisions unconstitutional. Article 31B, being retrospective, grants it the immunity it provides.The U.P. Imposition of Ceiling on Land Holdings Act (Act No. 1 of 1971), amended...

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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 :

Following the reorganization of the States, the State of Bombay created separate seniority lists for teachers of History and Political Science. On August 20, 1963, the Director of Education issued a letter announcing the Government\'s decision to merge the lists of lecturers in History and Political...

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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 individuals involved were employed as Readers at Khallikote College, a private institution that was taken over by the Orissa Government on March 9, 1971. Following this takeover, a government circular was issued on March 23, 1971, outlining the conditions for the transition of the teaching staff...

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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 driving his car, the appellant\'s truck, operated by a driver, collided with the car, resulting in injuries to the respondent and damage to the vehicle. The Claims Tribunal awarded compensation to the respondent, a decision that was upheld by the High Court. In its judgment,...

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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 a contract with the respondents on March 24, 1964, to purchase the property owned by the latter. According to the agreement, the appellant was to have the sale deed executed by May 24, 1964, and if he failed to do so, the earnest money he paid would be forfeited. Since th...

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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 :

According to the Madhya Bharat Municipalities Act of 1954, the Municipal Corporation established the house tax owed by the appellant for his property starting April 1, 1954. Following the appellant\'s appeal regarding this assessment, the Additional District Judge sent the case back to the Corporati...

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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 in the process of building a textile factory within the jurisdiction of the appellant Board and received an exemption from octroi on incoming building materials, claiming it was a new enterprise. Subsequently, the respondent began to bring in additional items to its pr...

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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 initiated a lawsuit seeking a declaration that the land they inherited was not classified as \"shamlat deh\" under section 2(g) of the Punjab Village Common Land (Regulation) Act, 1961, arguing that it was exempted by proviso (iv) of that section. They claimed that the revenue records...

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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 enacted the Maharashtra Debt Relief Act of 1976, which provides for the cancellation of existing debts for certain categories of indigent individuals. This Act is intended as a temporary measure. The validity of this Act has been contested in the current writ petition and...

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