Supreme Court of India · 1967-01-16
STATE OF MYSORE vs H. SANJEEVIAH
- Citation / case number
- SC 1965/218
- Court
- Supreme Court of India
- Petitioner
- STATE OF MYSORE
- Respondent
- H. SANJEEVIAH
- Author
- RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
- Bench
- RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the provisos to Rule 2 framed under Section 37 of the Madras Forest Act, 1900, which prohibited the removal of forest produce between sunset and sunrise, were beyond the rule-making power of the State Government and violated Article 301 of the Constitution, which guarantees freedom of trade. The Court clarified that the power to regulate transport does not extend to prohibiting it, thus rendering the provisos invalid. The appeal by the State against the High Court's decision was dismissed, affirming the latter's ruling.