Supreme Court of India

Messrs. Dwarka Prasad Laxmi Narain v. The State of Uttar Pradesh and Two Others.

Neutral citation
Reported as [1954] 1 S.C.R. 803
Bench Mehr Chand Mahajan C, Mukherjea, Vivian Bose, Ghulam Hasan and Jagannadhadas JJ.
Decided 11 January 1954

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that clauses (7) and (8) of the Control Order do not impose unreasonable restrictions upon the freedom of trade enjoyed by the petitioners and consequently the declaration of the 16th of Juiy, 1953, cannot be held to be invalid.

Judgment, page 15

From the headnote

Constitution of India, Arts. 19(1) (g), 19 (6)-Clause 4(3) of the Uttar Pradesh Coal Control Order, 1953, tuhether ultra vires the Constitution. law or order which confers arbitrary and uncontrolled power upon the executive in the matter of regulating trade or business in normally available commodities must be held to be un~ reasonable. Under cl. 4(3) of the Uttar Pradesh Coal Control Order, 1953, the licensing authority has been given absolute power , 1 to grant or refuse to grant, rene~r or refuse to ~enew, suspend, revoke, cancel or modify any licence under this Order and the only thing he

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