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october 1954

Supreme Court of India · 1954-10-18

THE CHAMBER OF COMMERCE, HAPUR, AND THREE OTHERS vs THE STATE OF UTTAR PRADESH ANDTWO OTHERS.

Citation / case number
SC 1953/1428
Court
Supreme Court of India
Petitioner
THE CHAMBER OF COMMERCE, HAPUR, AND THREE OTHERS
Respondent
THE STATE OF UTTAR PRADESH ANDTWO OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.

Judgment text excerpt

The Supreme Court ruled that the Uttar Pradesh Food-grains (Futures and Options Prohibition) Order, 1951, which prohibited futures in pulses other than gram, was partly ultra vires. The Court clarified that the repeal of the 1945 Order by Section 9 of the 1951 Order did not leave the 1945 Order in force, as it was superseded by earlier notifications regarding trade and commerce in essential commodities. The Court upheld the petitioners' right under Article 19(1)(g) to carry on their business, directing the State to refrain from enforcing the 1951 Order in relation to pulses other than gram.

THE CHAMBER OF COMMERCE, HAPUR, AND THREE OTHERS vs THE STATE OF UTTAR PRADESH ANDTWO OTHERS. · Niyam