MANAKCHAND MOTILAL Vs. STATE

JUDGEMENT

(1.) In this batch of Writ petitions, the petitioners, who are carrying on their business as Pawn Broken after having secured licences under the Karnataka Pawn Brokers Act, 1961 and persons who are doing business as Money Lenders having taken licences under the Karnataka Money Lenders Act, 1961 have questioned the constitutional validity of the Karnataka Pawn Brokers (Amendment) Act, 1985 and the Karnataka Money Lenders (Amendment) Act, 1985 on the ground that the provisions of the said Acts are violative of Articles 14 and 19 of the Constitution of India and they have also questioned the constitutional validity of Section 4(2)(c) and Section 23 (2) of the Karnataka Pawn Brokers Act, 1961 as violative of Articles 14 and 19 of the Constitution.

(2.) The material facts necessary for the disposal of these cases are these:- With the object of making better provisions for the regulation and control of transactions of money lending in the State, the Legislature enacted the Karnataka Money Lenders Act, 1961 ("Money lenders Act" for short). Section 2(10) of the Act defines the expression 'Money Lender', It reads:-

(3.) In the year 1985 the State Legislature made amendments to the two enactment, by which Section 7A and 7B were introduced into the Money Lenders Act and Section 4A and Section 4B were introduced into the Pawn Brokers Act. The two provisions are similar. Therefore, it is sufficient to set out the provisions of Section 7A and 7B of the Money Lenders Act. They read:-