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november 1973

Supreme Court of India · 1973-11-26

SHREE MEENAKSHI MILLS LTD. vs UNION OF INDIA

Citation / case number
SC 1973/60317
Court
Supreme Court of India
Petitioner
SHREE MEENAKSHI MILLS LTD.
Respondent
UNION OF INDIA
Author
RAY, A.N. (),PALEKAR, D.G.,CHANDRACHUD, Y.V.,BHAGWATI, P.N.,KRISHNAIYER, V.R.
Bench
RAY, A.N. (CJ),PALEKAR, D.G.,CHANDRACHUD, Y.V.,BHAGWATI, P.N.,KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court examined the validity of the fixation of fair prices for cotton yarn under the Cotton Textiles (Control) Order, 1948, specifically Clauses 22 and 30, and the Essential Supplies (Temporary Powers) Act, 1946. The Court held that the fixation of prices was arbitrary and unreasonable, violating Articles 19(1)(f) and (g) and 301 of the Constitution of India. The Court ruled that executive actions taken during an emergency without valid authority can be challenged constitutionally, thereby declaring the notifications issued under the Cotton Textiles Order invalid.

SHREE MEENAKSHI MILLS LTD. vs UNION OF INDIA · Niyam