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2004 Supreme(SC) 1588

ASHOK BHAN, A.K.MATHUR
Sona Chandi Oal Committee – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

Bhan, J.—This appeal by grant of leave is directed against the judgment and order of the High Court of Bombay, Bench at Nagpur, in Writ Petition No. 314 of 1993. The High Court in the impugned judgment has upheld the validity of provisions of Section 9-A of the Bombay Money Lenders Act, 1946 (hereinafter referred to as ‘the Act’) as amended by Maharashtra Act No.7 of 1992 which, according to the appellants, who are licensed money lenders, is ultra vires the provisions of the Constitution of India insofar as it seeks to levy inspection fee for the renewal of money lender’s licence. Appellants therefore seek striking down of Section 9-A of the Act and consequent thereto the quashing of the demand notice for payment of inspection fee.

2. Under Section 3 of the Act, the State Government has the power to appoint Registrar General, Registrars and Assistant Registrars for the purpose of exercising powers and performing duties under the Act. Under Section 6 every money lender has to submit an application in the prescribed form to the Assistant Registrar of the area, within the limits of which he carries on or intends to carry on his business, for the grant of licence to carry on bus










































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