BHASKAR BHATTACHARYA, J.B.PARDIWALA
Sundaram Finance Limited – Appellant
Versus
State of Gujarat Through Secretary – Respondent
JUDGMENT :
Bhaskar Bhattacharya, J.
As common questions are involved in these writ-petitions, they were heard together and are disposed of by this common judgment. However, for discussion of the facts, Special Civil Application No. 6223 of 2011 is taken as the lead matter.
2. By this application under Article 226 of the Constitution of India, the writ-petitioner, a Company, incorporated under the provisions of the Companies Act and registered with the Reserve Bank of India under Section 45-IA of the Reserve Bank of India Act, 1934 ["RBI Act"], has prayed for declaration that the provisions of the Gujarat Money-Lenders Act, 2011 and its applicability to the petitioner as a Non Banking Financial Company ["NBFC" for short] registered under the RBI Act, are illegal and ultra vires the Constitution, and for further declaration that the Gujarat Money-Lenders Act, 2011 ["GML Act" for short] is unconstitutional in so far as it applies to the petitioner- Company as NBFC registered under the RBI Act in the absence of legislative competence.
3. The writ-petitioner has further prayed for restraining the respondent no.1 from issuing any notification under Section 1[3] of the GML Act, notifying the
A.S. Krishna v. State of Madras
Bhanu Kumar Jain v. Archana Kumar
Central Bank of India v. State of Kerala
Hoechst Pharmaceuticals Ltd. v. State of Bihar
Hope Plantations Ltd. v. Taluk Land Board, Peermade
Ishwar Dutt v. Land Acquisition Collector
Kerala State Electricity Board v. The Indian Aluminum Co. Ltd.
M.P. AIT Permit Owners Assn. v. State of M.P.
Mathura Prasad Bajoo Jaiswal v. Dossibai N.B. Jeejeebhoy
Offshore Holding Pvt. Ltd. v. Bangalore Development Authority
Ramchandra Dagdu Sonavane (Dead) by LRs v. Vithu Hira Mahar (Dead) By LRs
Satyadhyan Ghosal v. Smt. Deorjin Debi
State of Himachal Pradesh v. Narain Singh
Supreme Court Employees Welfare Association v. Union of India
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.