J.C.SHAH, B.N.GOKHALE
Parashram Damodhar Vaidya – Appellant
Versus
The State of Bombay and Anr – Respondent
1. The petitioner, a resident of village Pali in the district of Thana, is a landlord owning 135 acres of Kharif lands and 70 acres of Warkas lands in the villages of Bhusegaib, Tighar, Nangurle, Venagaon, Parada, Dahigaon, Sapele, Vave, Vavaloli, Tambus and Avalas in Karjat Taluka of Kolaba district. The petitioner pay Rs. 990/-as assessment and local fund cess for the aforesaid lands. In this application the petitioner contents that Bombay Act 13 of 1956, which purports to amend the Bombay Tenancy and Agricultural Lands Act. 1948, is invalid. The petitioner urges that when Bill No. 34 of 1955, which subsequently was published as Act 13 of 1956, was submitted to the President for his assent, the President suggested certain alterations, but the bill was not returned to the Legislature of the State of Bombay and was published as an Act: and as the provisions of Art. 201 of the Constitution of India were contravened the Bill was not validly enacted as law. He also contends that the Bombay State Legislature was incompetent to enact Act 13 of 1956, and submits that in any event Sections 5, 6, 6A, 7, 8, 9, 17A, 29A, 31A, 31B, 31C, 31D, 32 to 32R, 34, 63A and 84C are inconsiste
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