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february 2006

Supreme Court of India · 2006-02-10

Duncan Industries Ltd. And Anr. vs Union Of India (Uoi)

Citation / case number
AIR2006SC3699
Court
Supreme Court of India
Petitioner
Duncan Industries Ltd. And Anr.
Respondent
Union Of India (Uoi)
Author
B.N. Srikrishna
Bench
H.K. Sema, B.N. Srikrishna

Judgment text excerpt

The Supreme Court held that the Government's Retention Price Scheme for fertilizer manufacturers, established under the Essential Commodities Act, 1955, could be retrospectively modified without violating any legal principles. The Court affirmed that such modifications are permissible as they do not infringe upon the rights of the manufacturers, provided they are justified by the need for regulatory adjustments. The judgment clarified that the retrospective application of the scheme does not constitute an arbitrary exercise of power by the Government.

Duncan Industries Ltd. And Anr. vs Union Of India (Uoi) · Niyam