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september 1961

Supreme Court of India · 1961-09-12

RAGHUBAR DAYAL JAI PRAKASH vs THE UNION OF INDIA AND OTHERS

Citation / case number
SC 1959/192
Court
Supreme Court of India
Petitioner
RAGHUBAR DAYAL JAI PRAKASH
Respondent
THE UNION OF INDIA AND OTHERS
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Forward Contracts (Regulation) Act, 1952, specifically sections 5, 6, 10, and 15, ruling that these provisions do not infringe Articles 14 and 19(1)(c) of the Constitution. The Court found that the Act aims to regulate forward transactions to prevent undesirable speculation while promoting legitimate trade. The petitioner’s forward contracts became illegal due to a government notification under section 15, which was deemed valid and enforceable, leading to the closure of outstanding contracts as per section 16.

RAGHUBAR DAYAL JAI PRAKASH vs THE UNION OF INDIA AND OTHERS · Niyam