GLASS CHATONS IMPORTERS & USERS' ASSOCIATION versus UNION OF INDIA

GLASS CHATONS IMPORTERS & USERS' ASSOCIATION versus UNION OF INDIA

The canalization of imports through special or specialized agencies or channels does not violate Articles 14, 19(1)(f), 19(1)(g), or 31; such restriction is reasonable and in the interest of the general public, and the refusal of licence does not amount to acquisition of property.

Parties
Petitioner: Glass Chatons Importers & Users' Association; Respondent: Union of India; Respondent: State Trading Corporation
Jurisdiction
India
Judgment Date
10 April 1961
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petition dismissed with costs.
Legal Topics
Import and Export Controls, Canalization of Imports, Reasonableness of Restrictions, Equality Under Article 14, Property Rights Under Article 31
Constitutional Law Administrative Law Trade Law Import and Export Controls Canalization of Imports Reasonableness of Restrictions Equality Under Article 14 Property Rights Under Article 31

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Parties

Glass Chatons Importers & Users' Association

Petitioner

Union of India

Respondent

State Trading Corporation

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether para 6(h) of the Imports (Control) Order, 1955, and section 3 of the Imports and Export Control Act, 1947, are unconstitutional as unreasonable restrictions on trade and acquisition of property under Articles 14, 19(1)(f), 19(1)(g), and 31 of the Constitution.

Ratio Decidendi

The canalization of imports through special or specialized agencies or channels does not violate Articles 14, 19(1)(f), 19(1)(g), or 31; such restriction is reasonable and in the interest of the general public, and the refusal of licence does not amount to acquisition of property.

Court Disposition

Petition dismissed with costs.

Orders

  • Petitioners not entitled to relief under Article 32.
  • Petition dismissed with costs.