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1998 Supreme(Ker) 358

A.R.LAKSHMANAN, D.SREEDEVI
Kerala Small Financiers Association – Appellant
Versus
State of Kerala – Respondent


Judgment :-

A.R. Lakshmanan, J.

W.As. 737, 742, 754, 758, 763, 767, 1042 and 1043 of 1997 were filed by the Kerala Small Financiers' Association and other private financiers, who have taken the licence under the Kerala Money Lenders Act, 1958 (for short 'the Act') for the purpose of carrying on the business of money lending. All the Writ Petitions, out of which the above appeals arise, were filed for a declaration that the amendments to Ss.4(2)(i) and 4(2B) of the Act by the Kerala Finance Bill 1996 and the Kerala Finance Act, 1995 respectively are unconstitutional and void. By the amendment effected to S.4(2)(i) of the Act, the licence fee was enhanced from Rs. 2,000/-to Rs.10,000/-, The learned single judge, by judgment dated 9.4.1997 in O.P,16126 of 1996 and connected cases, has allowed the Original Petitions setting aside the enhancement of licence fee from Rs. 2,000/- to Rs. 10,000/-. Since in the Finance Bill 1997 licence fee was proposed to be reduced to Rs. 5,000/-, the learned judge was pleased to hold that for the year 1996 alone there cannot be a licence fee of Rs. 10,000/-. Hence, the learned judge has ordered that licence fee for the year 1996-97 may be collected at Rs.






















































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