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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. UJJAL BHUYAN, MR. NELSON SAILO, JJ
NORTH EAST REGION FINSERVICES LIMITED – Appellant
Versus
THE STATE OF MIZORAM – Respondent
| Table of Content |
|---|
| 1. petitioner's business and legal standings. (Para 2 , 3 , 4 , 5 , 6) |
| 2. legislative background and definitions. (Para 7 , 10 , 11 , 12 , 14) |
| 3. response and consequences of legal changes. (Para 13 , 15 , 18) |
| 4. arguments from petitioner on legislative competency. (Para 21 , 22 , 23 , 24 , 26) |
| 5. constitutional implications of the amendment. (Para 32 , 45 , 59) |
| 6. comparison with jurisprudence from other jurisdictions. (Para 60 , 61 , 62) |
| 7. amendment act declared unconstitutional. (Para 69) |
| 8. final judgment and order. (Para 70) |
JUDGMENT
Date : 24-07-2018 ( Ujjal Bhuyan, J )
Heard Mr. P.K. Tiwari, learned Senior counsel, assisted by Mr. M.K. Mishra, learned counsel for the petitioners and Mr. A.K. Sharma, learned Additional Advocate General, Mizoram, assisted by Mr. D. Kalita, learned counsel for the respondents.
2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a declaration that Mizoram Money Lenders and Accredited Loan Providers (Regulation) (First Amendment) Act, 2011 is unconstitutional being ultra vires the constitution. A related challenge has been made to the consequential letter dated 01.12.2011 issued by the Deputy Commissi
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