Supreme Court of India
Shri Malaprabha Co-op. Sugar Factory Ltd. v. Union of India and Anr.
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the government could not, in law, proceed to a determination of the levy price by mopping up 100 per cent of the excess realisation of free sale sugar.
Judgment, page 44
From the headnote
Constitution of India, 19SO: Anicle J9(l)(f), 19(l)(g) and 31-Levy sugar-Fixation of price-Held, Government cannot fzx an arbitrary price nor can a price be fzxed on extraneous consideration--lf the price fzxed does not secure a reasonable return on capital employed, it is liable to be challenged both on the ground of its being inconsistent with Section 3(3- ) of the Essen- tial Commodities Act, 19S5, as also violative of Anicles 19(1) (f), 19) (1) (g) and 31 of the Constitution. The Essential Commodities Act, 19SS/1he sugarcane (Control) Order, 1966: Section 3(2) (f), 3(3- )!Clause SA-Levy
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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