Supreme Court of India
S. Samuel, M.D., Harrisons Malayalam and Anr. v. Union of India and Ors.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above said finding, it is not necessary to deal with the other contention raised on behalf of the ap;: ellant viz. that the order is invalid and ineffective as it is not accompanied by the previous concurrence of the Central Government.
Judgment, page 18
From the headnote
Essential Commodities Act, 1955-Section 2(a)(v), (xi) 3 and 5-Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977-Delegation of powers by Central Government under section 5 in favour of State Government in relation to foodstuff-State Control Order of 1977 making provisions applicable to commodity tea-Constitutional validity of the order-Held: As tea is not a foodstuff and there is no delegation of powers by Central Government under section 5 in relation to tea, State could not have promulgated an order under Section 3 of the 1955 Act making it applicable to tea, thus the
Authorities it was built on
Where later benches applied it
- 2009 National Insurance Company Ltd. v. Hamida Khatoon and Ors.
- 2008 Bharat Heavy Electricals Ltd. v. Esi Corporation
Of those, 2 mentioned
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