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Bhanwar Lal Brij Gopal and Etc. Etc. Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberC.W. Petn. Nos. 1121, 1123 to 1125, 1126 and 1221 of 1981
Judge
Reported inAIR1983Raj104; [1987(54)FLR216]; 1982()WLN497
ActsConstitution of India - Article 141; Rajasthan Trade Articles (Licensing and Control) Order, 1980
AppellantBhanwar Lal Brij Gopal and Etc. Etc.
RespondentState of Rajasthan and ors.
Appellant Advocate M.L. Garg and; J.D. Arora, Adv.
Respondent Advocate D.S. Shishodia, Govt. Adv.
DispositionPetition dismissed
Cases ReferredSurajmal Kailash Chand v. Union India and Anr.
Excerpt:
.....of india--articles 14 & 16--notification dated 27-5-1981--validity of--notification held valid by supreme court--m/s pokarchand v. state of rajasthan is not a good law;i have no hesitation to hold that judgment of this court m/s pokar chand jeevraj and 11 ors. v. the rajasthan and ors. 1981 wln 561 cannot be treated as good law in view of authoritative pronouncement of the hon'ble supreme court in mohan lal lila dhar and anr. v. state of rajasthan and ors. air 1982 s.c. 29; surajmal kailash chand v. union india and anr. 1982 s.c. 130. in both the later decisions this notification has been declared valid.;(c) essential commodities act, 1955 - section 3b and rajasthan trade articles (licensing & control) order, 1980--clause 18 and constitution of india--article 226--question.....order, 1980 - clause 18 and constitution of india--articles 14 & 16--notification dated 27-5-1981--validity of--notification held valid by supreme court--m/s pokarchand v. state of rajasthan is not a good lawi have no hesitation to hold that judgment of this court m/s pokar chand jeevraj and 11 ors. v. the rajasthan and ors. 1981 wln 561 cannot be treated as good law in view of authoritative pronouncement of the hon'ble supreme court in mohan lal lila dhar and anr. v. state of rajasthan and ors. air 1982 s.c. 29; surajmal kailash chand v. union india and anr. 1982 s.c. 130. in both the later decisions this notification has been declared valid.(c) essential commodities act, 1955 - section 3b and rajasthan trade articles (licensing & control)
Judgment:
ORDER

, 1980 - Clause 18 and CONSTITUTION OF INDIA--Articles 14 & 16--Notification dated 27-5-1981--Validity of--Notification held valid by Supreme Court--M/s Pokarchand v. State of Rajasthan is not a good law

I have no hesitation to hold that judgment of this Court M/s Pokar Chand Jeevraj and 11 Ors. v. The Rajasthan and Ors. 1981 WLN 561 cannot be treated as good law in view of authoritative pronouncement of the Hon'ble Supreme Court in Mohan Lal Lila Dhar and Anr. v. State of Rajasthan and Ors. AIR 1982 S.C. 29; Surajmal Kailash Chand v. Union India and Anr. 1982 S.C. 130. In both the later decisions this notification has been declared valid.

(c) ESSENTIAL COMMODITIES ACT, 1955 - Section 3B and RAJASTHAN TRADE ARTICLES (LICENSING & CONTROL)


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