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october 1983

Supreme Court of India · 1983-10-28

VIKLAD COAL MERCHANT, PATIALA, ETC. ETC. vs UNION OF INDIA & ORS.

Citation / case number
SC 1981/63687
Court
Supreme Court of India
Petitioner
VIKLAD COAL MERCHANT, PATIALA, ETC. ETC.
Respondent
UNION OF INDIA & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court examined the validity of the Preferential Traffic Schedule issued under Section 27A of the Indian Railways Act, 1890, in relation to Article 19(1)(g) of the Constitution, which guarantees the freedom to carry on trade. The Court held that the restrictions imposed by the Ministry of Railways were not reasonable and violated the rights of traders, as they disproportionately affected the coal trade by limiting booking options. Consequently, the Court declared the orders issued by the Ministry of Railways as ultra vires and unconstitutional.

VIKLAD COAL MERCHANT, PATIALA, ETC. ETC. vs UNION OF INDIA & ORS. · Niyam