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1984 Supreme(Guj) 53

I.C.BHATT, P.SUBRAMONIAN POTI, S.B.MAJMUDAR
NATIA JIRIA – Appellant
Versus
STATE – Respondent


Advocates Appeared: R.M.VIN

P. S. POTI, J.

( 1 ) WE are concerned here with a very interesting question A Division Bench of this Court felt that what this Court had spoken on the question earlier may call for reconsideration and appropriately therefore referred the matter to a Full Bench. That is how the matter is now before us.

( 2 ) POVERTY is no crime. Even so property oriented approach in statutory provisions often results in a poor man being prized out of justice. The acuteness of extreme poverty could be best understood only by experiencing it. The plight of the impecunious in all its severity may not be fully realised even by an enlightened class engaged in statute and rule making. Whatever may be said of the legislations prior to the Constitution? in an egalitarian society where justice is promised to the poor and the rich alike there is no scope for a law which virtually keeps out a penurious person from the benefit of the law or puts him to the penalty of a provision for reason of his impecuniousness. If an instance or illustration of this situation is necessary to convincingly project the point sought to be made out here there could be no better case than the one now before us. A surety bond for Rs.















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