Report No. 86
7.22. Need for clarification.-
The amendment that we contemplate would not amount to introducing a totally new approach, as many High Courts have already taken a similarly wide view, even of the present section. Many decisions, however, point out that the language of the section is not happy,1 and lends itself easily to a strict construction.2 For these reasons, clarification of the scope of section 4 is needed.
1. Haradhone Haldar v. Usha Charan Karmakar, AIR 1955 Cal 292 (293), para. 10 (RN. Mukerjee, J.).
2. Banchhanidi v. Balram, AIR 1951 Ori 180, para. 3.