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february 2006

Supreme Court of India · 2006-02-10

DUNCAN INDUSTRIES LTD. vs UNION OF INDIA

Citation / case number
SC 2004/2648
Court
Supreme Court of India
Petitioner
DUNCAN INDUSTRIES LTD.
Respondent
UNION OF INDIA
Author
B.N. SRIKRISHNA H. K. SEMA
Bench
B.N. SRIKRISHNA H. K. SEMA

Judgment text excerpt

The Supreme Court ruled that the Retention Price Scheme for fertilizer manufacturers, established under the Essential Commodities Act, 1955, can be retrospectively modified by the Government without infringing on the rights of the manufacturers. The Court held that such modifications are permissible as they do not violate any statutory provisions or principles of natural justice. Consequently, the appeal by the manufacturers was dismissed, affirming the Government's authority to alter subsidy schemes retrospectively.

DUNCAN INDUSTRIES LTD. vs UNION OF INDIA · Niyam