JOSEPH CHACKO Vs. CATHOLIC BANK OF INDIA LTD

JUDGEMENT

(1.) THE affidavit filed shows that the petitioner is not an agriculturist within the meaning of Act 3 , 1 of 1958 since he comes within the exclusion in clause (iii) of S. 2 (a) of the Act. THEre is no question of that exclusion being discriminatory since it is based on the reasonable assumption that a person who pays above a certain sum as agricultural income-tax must be rich enough not to deserve relief under the act. And if there were, it would be the Act itself not the exclusion that would have to be struck down, the effect of striking down an exclusion being to add to the Act and bring in subject matter which the legislature expressly excluded from its scope. Petition dismissed with costs of Rs. 25/ -. Dismissed.