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1957 Supreme(Raj) 98

WANCHOO, MODI
BIRDICHAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
B.K.ACHARYA, Dashrathmal, DEEPCHAND, DULE RAJ

Judgment


WANCHOO, C. J.

( 1 ) THESE are six connected applications challenging the validity of Part IV of the marwar Relief of Indebtedness Act of 1941 (hereinafter called the Act) dealing with debt Conciliation Boards. We propose to decide these cases by one judgment as the main arguments raised in them are the same.

( 2 ) BEFORE we mention the grounds on which the validity of the provisions of Part IV of the Act is being attacked, we would like briefly to mention the facts of these six cases.

( 3 ) IN Birdichands case (No. 46 of 1955), the Debt Conciliation Board has acted under Section 13 (2) of the Act, and discharged the debt.

( 4 ) IN Civil Writs No. 121 of 1955, No. 158 of 1955, No. 36 of 1956, and 74 of 1956 proceedings are going on the application of the debtors under Section 11 of the act.

( 5 ) IN Civil Writ No. 41 of 1956 also proceedings are going on the application of the debtor under Section 11 of the Act, but in this case besides certain sums due on bahee Khatas, some amount due on a decree of a Court is also involved.

( 6 ) THE case of the applicants is that the Act is only in force in a part of the State of rajasthan, which was formerly known as the State of
































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