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CHHATTISGARH HIGH COURT
A.A. S. Reddy, J
Kumari Bai and Another v. State of Chhattisgarh and Another
| Table of Content |
|---|
| 1. constitutional validity of section 401 challenged. (Para 1 , 2 , 3) |
| 2. reliefs sought in writ petitions noted. (Para 4 , 5) |
| 3. respondents contest writ petitions. (Para 6 , 7) |
| 4. arguments countering section 401's imposition discussed. (Para 8 , 9) |
| 5. framework for legislative power under the constitution established. (Para 11 , 12) |
| 6. constitutional limits on legislative powers explained. (Para 13 , 14) |
| 7. statutory notice required to prevent unnecessary litigation. (Para 18 , 19) |
| 8. legal remedies available despite notice requirement. (Para 20 , 22) |
| 9. arguments on discrimination in legislation reviewed. (Para 24 , 25 , 28) |
| 10. constitutional validity of section 401 upheld. (Para 29 , 30) |
| 11. interim orders to maintain status quo established. (Para 31) |
1. In these writ petitions the constitutional validity of Section 401 of Chhattisgarh Municipal Corporation Act, 1956 (for short 'the Act') has been questioned so far it takes away the right of an aggrieved person of approaching the Court of law by filing Civil Suit of appropriate nature to obtain immediate and urgent relief without serving the statutory notice as required under sub-section (1) of that Section.
2. The fact
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