Supreme Court of India · 1954-05-14
HARISHANKAR BAGLA AND ANOTHER vs THE STATE OF MADHYA PRADESH.
- Citation / case number
- SC 1953/1437
- Court
- Supreme Court of India
- Petitioner
- HARISHANKAR BAGLA AND ANOTHER
- Respondent
- THE STATE OF MADHYA PRADESH.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that Clause 3 of the Cotton Textile (Control of Movement) Order, 1948, does not violate Article 19(1)(f) and (g) of the Constitution as it merely requires a permit from the Textile Commissioner for the transport of cotton textiles, which is a reasonable restriction. The Court emphasized that the policy aims to ensure equitable distribution and fair pricing of cotton textiles. The discretion given to the Textile Commissioner is valid as long as it is exercised to effectuate the policy, and any abuse of power can be addressed by the courts. The case of Messrs. Dwarka Prasad Laxmi Narain v. The State of Uttar Pradesh was distinguished in this context.