Supreme Court of India · 1957-01-22
RAJA GANGA PRATAP SINGH vs THE ALLAHABAD BANK LTD., LUCKNOW
- Citation / case number
- SC 1957/60167
- Court
- Supreme Court of India
- Petitioner
- RAJA GANGA PRATAP SINGH
- Respondent
- THE ALLAHABAD BANK LTD., LUCKNOW
Judgment text excerpt
The Supreme Court held that the appellant's claim for debt reduction under the Uttar Pradesh Zamindari Debt Reduction Act, 1953, was validly challenged as the Act's definition of 'debt' excluded debts due to scheduled banks, potentially violating Article 14 of the Constitution. The Court ruled that the question of the definition's validity fell under both the proviso to Section 113 of the Code of Civil Procedure and Article 228 of the Constitution, necessitating a determination of constitutional interpretation before addressing severability. The Court ultimately concluded that the issue of severability could only be considered after the impugned definition was declared invalid.