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The issue is concerned with the constitutional legitimacy of Section 45-S
of the Reserve Bank of India (RBI) Act, 1934, as it stands amended in
1997. The appellants, old-style financial
...intermediaries in the form of
shroffs (being unincorporated firms such as partnership firms), assailed
the provision on the ground that it offended their fundamental rights
under Articles 14 (equality) and 19(1)(g) (freedom to carry on trade) of
the Indian Constitution. The RBI added Section 45-S to disallow
unincorporated entities from taking public deposits when they deal in
financial activities, to safeguard depositors and control the monetary
system.
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