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january 1981

Supreme Court of India · 1981-01-06

NEW BIHAR BIRI LEAVES CO. & ORS. vs STATE OF BIHAR & ORS.

Citation / case number
SC 1977/61814
Court
Supreme Court of India
Petitioner
NEW BIHAR BIRI LEAVES CO. & ORS.
Respondent
STATE OF BIHAR & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court examined the constitutionality of the Bihar Kendu Leaves (Control of Trade) Act, 1973, and its associated rules, particularly focusing on Articles 14 and 19 of the Constitution. The Court held that the provisions in Clause 4(bb) and Clause 13 of the Tender Notice, which imposed unreasonable conditions on purchasers, violated the fundamental rights of citizens to enter into contracts and were thus unconstitutional. The judgment emphasized that while the State has the power to regulate trade, such regulations must satisfy the test of reasonableness as mandated by Article 19(6).

NEW BIHAR BIRI LEAVES CO. & ORS. vs STATE OF BIHAR & ORS. · Niyam