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1939 Supreme(Mad) 58

ALFRED HENRY LIONEL LEACH
Mada Nagaratnam – Appellant
Versus
Puvvada Seshayya – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. Under the provisions of Order 46, r. 1 of the Code of Civil Procedure the District Munsif of Guntur, the district Munsif of Cuddalore and the Subordinate Judge of Cocanada have referred to this Court for decision questions with regard to the validity of the Madras Agriculturists Relief Act, 1938, an Act passed by the Madras Legislature to provide for the relief of indebted agriculturists in the Province. The Act provides for the scaling down of debts and interest and for remission of arrears of rent. All the references raise the question whether the provisions of the Act relating to the scaling down of debts and interest are ultra vires the powers of the Provincial Legislature in that these provisions are repugnant to provisions of the Negotiable Instruments Act, 1881. The reference by the District Munsif of Guntur couples the Usurious Loans Act, 1918, with the Negotiable Instruments Act and the reference by the "District Munsif of Cuddalore raises the further question whether the Act is ultra vires because its provisions conflict with the provisions of Hindu Law which impose upon a son the pious obligation to discharge his fathers debts, l























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