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january 1977

Supreme Court of India · 1977-01-28

FATEHCHAND HIMMATLAL & OTHERS vs STATE OF MAHARASHTRA ETC.

Citation / case number
SC 1976/60892
Court
Supreme Court of India
Petitioner
FATEHCHAND HIMMATLAL & OTHERS
Respondent
STATE OF MAHARASHTRA ETC.
Bench
RAY, A.N. (CJ),BEG, M. HAMEEDULLAH,BHAGWATI, P.N.,KRISHNAIYER, V.R.,FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Maharashtra Debt Relief Act, 1976, ruling that the Act does not violate Article 304(b) of the Constitution regarding reasonable restrictions on trade. The Court clarified that money lending can be regulated by the State under Entry 30 of List II in the Seventh Schedule, and that the Act's provisions are not irreconcilable with the Gold Control Act, 1968. The Court emphasized the need for a broad interpretation of legislative entries and affirmed the State's legislative competence in enacting the Act.

FATEHCHAND HIMMATLAL & OTHERS vs STATE OF MAHARASHTRA ETC. · Niyam