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january 1959

Supreme Court of India · 1959-01-23

M/S. DIWAN SUGAR & GENERAL MILLS (PRIVATE) LTD. AND OTHE vs THE UNION OF INDIA

Citation / case number
SC 1958/110
Court
Supreme Court of India
Petitioner
M/S. DIWAN SUGAR & GENERAL MILLS (PRIVATE) LTD. AND OTHE
Respondent
THE UNION OF INDIA
Author
DAS, SUDHI RANJAN (),IMAM, SYED JAFFER,DAS, S.K.,WANCHOO, K.N.,HIDAYATULLAH, M.
Bench
DAS, SUDHI RANJAN (CJ),IMAM, SYED JAFFER,DAS, S.K.,WANCHOO, K.N.,HIDAYATULLAH, M.

Judgment text excerpt

The Supreme Court upheld the legality of the notification issued under Section 3 of the Essential Commodities Act, 1955, and clause 5 of the Sugar (Control) Order, 1955, which fixed the ex-factory price of sugar in certain states. The Court found that the notification was within the authority of the Central Government and served the purpose of ensuring fair prices for consumers. It ruled that the notification did not impose unreasonable restrictions on the right to trade under Article 19(1)(g) and clarified that the pricing, while region-specific, effectively applied to the entire country due to sugar deficits in other states.

M/S. DIWAN SUGAR & GENERAL MILLS (PRIVATE) LTD. AND OTHE vs THE UNION OF INDIA · Niyam