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1977 Supreme(Pat) 201

B.S.SINHA, HARI LAL AGRAWAL, S.SARWAR ALI, SHAMBHU PRASAD SINGH, KRISHNA BALLABH SINHA
Madho Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

SHAMBHU PRASAD SINGH, J.

1. The Bihar Money-lenders Act, 1974 (hereinafter referred to as the Act) after it was passed by the Bihar Legislature received the assent of the President of India on the 20th of March, 1975. The Act as passed in Hindi was published in the Bihar Gazette (Extraordinary) dated 25th of March, 1975. An authoritative English text of the Act was published in the Bihar Gazette (Extraordinary) dated 29th of April, 1975. However, another authoritative English text of it was published in the Bihar Gazette (Extraordinary) dated 25th of July, 1975 superseding the authoritative English text published earlier in the Bihar Gazette (Extraordinary) dated 29th of April, 1975. The provisions of the Act referred to in this judgment are as published in the Bihar Gazette (Extraordinary) dated 25th of July, 1975.

2. The Act came into force immediately after the publication in the Bihar Gazette as S. 1 (3) of it provides that it shall come into force at once. Sec. 12 of the Act reads as follows :-

"12. Usufructuary mortgages and their redemption - Notwithstanding anything to the contrary contained in any agreement, the principal amount and all dues in respect of an usufru





























































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