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december 1962

Supreme Court of India · 1962-12-05

AKADASI PADHAN vs STATE OF ORISSA

Citation / case number
SC 1962/234
Court
Supreme Court of India
Petitioner
AKADASI PADHAN
Respondent
STATE OF ORISSA
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court upheld the validity of the Orissa Kendu Leaves (Control of Trade) Act, 1961, stating that the creation of a state monopoly in Kendu leaves is permissible under Article 19(6) of the Constitution, as amended by the First Amendment. The Court clarified that while the law may indirectly affect other rights, its validity cannot be challenged on that basis. It emphasized that the essential attributes of such laws depend on the nature of the trade and that incidental provisions must be evaluated under Article 19(1) if they directly impinge on fundamental rights.

AKADASI PADHAN vs STATE OF ORISSA · Niyam