Supreme Court of India · 1961-09-29
MANNALAL JAIN vs THE STATE OF ASSAM AND OTHERS.
- Citation / case number
- SC 1960/171
- Court
- Supreme Court of India
- Petitioner
- MANNALAL JAIN
- Respondent
- THE STATE OF ASSAM AND OTHERS.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the Assam Foodgrains (Licensing and Control) Order, 1961, specifically sub-clause (e) of clause 5, was not ultra vires Section 3 of the Essential Commodities Act, 1955. However, the Court found that the refusal to grant a license to the petitioner was unconstitutional as it violated Articles 14 and 19 of the Constitution, being discriminatory and aimed at creating a monopoly for co-operative societies. The Court emphasized that while preference for co-operative societies is permissible, it should not lead to an unjust monopoly.