RAGHUBIR PRASAD Vs. SHRIMI NARAIN TIWARI

JUDGEMENT

(1.) The short question which arises for consideration in this case is as to what shall be the date of commencement of an Act if it is not expressly stated in the Act as to on what particular date it will come into operation.

(2.) The petitioner filed a money suit on 3-7-1975 which was registered as Money Suit No. 251/44 of 1975/78. The suit was ultimately taken up ex parte for hearing and was dismissed by the (earned 4th Additional Munsif, Sasaram, on 19-12-1978 on the ground that mendatory provisions of Section 7 (5), Bihar Money Lenders Act, 1974 (hereinafter referred to as 'the Act') had been violated. Section 7 (5) of the Act requires that a money lender shall in a suit for recovery of money advanced by him as loan file a copy of the relevant extracts from his register of accounts relating to the said loan and he shall not be entitled to maintain any claim beyond the entries made in his register of accounts. This extract was not filed by the plaintiff and therefore, the learned Munsif dismissed the suit. The petitioner preferred appeal and the same was also dismissed by the learned Third Additional District Judge, Sasaram.

(3.) Section 1 (3) of the Act states that the Act shall come into force at once. No specific date has been mentioned on which the Act was to come into force. It appears, the President gave his assent to the Act on the 20-3-1975 and the Act was published in the Bihar Gazette (Extraordinary) dated 25th July, 1975, vide notification No. LG 4.07/74 LEG. 1028 dated 22nd July, 1975. The learned Munsif as well as the lower appellate court have come to the conclusion that the Act came into force on the day it was assented to by the President, i. e. on 20-3-1975.