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Money lending falls as entry (30) in the State List. Transfer of ...


State Act Section 37(A) Prevails Over Transfer of Property Act Section 58(c) Due to Article 254(2.

April 13, 2019

Case Laws     Indian Laws     SC

Money lending falls as entry (30) in the State List. Transfer of Property other than agricultural land falls in Entry 6 in the concurrent list. - there is an inconsistency between Section 58(c) of the Transfer of Property Act and Section 37(A) of the State Act, in view of the assent given by the President, the matter falls under Article 254(2). Therefore, despite the inconsistency, Section 37(A) of the State Act will prevail in the State.

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