SHREE MEENAKSHI MILLS LTD. versus UNION OF INDIA

SHREE MEENAKSHI MILLS LTD. versus UNION OF INDIA

The impugned notifications fixing cotton yarn prices and restricting its distribution are valid and not ultra vires, as cotton yarn is within the meaning of 'cotton textiles.' Price control and channelized distribution are reasonable restrictions justified in the public interest, and there is no infringement of fundamental rights under Articles 19(1)(f), 19(1)(g), or 301. The scheme provides for fair price, adequate guidance to authorities, and measures to prevent arbitrariness and profiteering. The petitions are competent but meritless and are therefore dismissed.

Parties
Petitioner: Shree Meenakshi Mills Ltd.; Respondent: Union of India
Jurisdiction
India
Judgment Date
26 November 1973
Procedural Posture
Petition Under Article 32 of the Constitution / Final Judgment
Outcome
petitions dismissed
Legal Topics
Price Control, Distribution of Essential Commodities, Reasonable Restrictions Under Article 19, Emergency Provisions, Interpretation of Statutes
Constitutional Law Administrative Law Economic Regulation Price Control Distribution of Essential Commodities Reasonable Restrictions Under Article 19 Emergency Provisions Interpretation of Statutes

Case Brief

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Parties

Shree Meenakshi Mills Ltd.

Petitioner

Union of India

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution / Final Judgment

Legal Issues

  1. 1 Whether fixation of fair price of cotton yarn under clauses 22 and 30 of the Cotton Textiles (Control) Order, 1948 is ultra vires the powers conferred by section 3 of the Essential Supplies (Temporary Powers) Act, 1946.
  2. 2 Whether cotton yarn is included within the meaning of 'cotton and woollen textiles' under the relevant statutory orders.
  3. 3 Whether the impugned notifications are arbitrary and unreasonable, violating Articles 19(1)(f), 19(1)(g), and 301 of the Constitution.

Ratio Decidendi

The impugned notifications fixing cotton yarn prices and restricting its distribution are valid and not ultra vires, as cotton yarn is within the meaning of 'cotton textiles.' Price control and channelized distribution are reasonable restrictions justified in the public interest, and there is no infringement of fundamental rights under Articles 19(1)(f), 19(1)(g), or 301. The scheme provides for fair price, adequate guidance to authorities, and measures to prevent arbitrariness and profiteering. The petitions are competent but meritless and are therefore dismissed.

Court Disposition

petitions dismissed

Orders

  • Petitions are dismissed.
  • Parties to bear their own costs.