Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Commodities Act 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Essential Commodities Act, 1955 (10 of 1955) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Essential Commodities Act 1955 (Act 10 of 1955) - Section 3(6) - Requirement as to laying before both Houses of Parliament - Directory not mandatory - Non-lying of notification fixing the maximum selling prices of various categories of controlled commodities before both Houses of Parliament - Whether results in nullification of the notification. Delegated Legislation - Provisions relating to laying of delegated legislation of subordinate law making authorities and orders passed by subordinate executive instrumentalities before both Houses of Parliament - "Laying clauses" - Examined and discussed. The appellants were prosecuted for the offence of acquiring a controlled commodity at a rate higher than the maximum statutory price fixed for such commodity by the Iron & Steel Controller under Cl. 15 ( 1 ) of the Iron & Steel Control Order, 1956. In the course of proceedings before the trial court the appellants made an application u/s 251A & 288 Cr.P.C. raising various objections to their prosecution including, that the notification fixing maximum selling prices of various categories of Iron & Steel including the commodity in question was not placed before the Parliament and as such was not valid. Observing that the laying of the notification before the Parliament could be proved by contemporaneous record and that it was not possible to hold that congnizance of the offence was taken on an invalid report and the order framing the charge was a nullity the trial Court dismissed the application. In its writ petition filed under Arts. 226 and 227 of the Constitution, the appellants challenged their prosecution on the ground that the control order and the notification did not have the force of law as they had not been laid before the Houses of Parliament within a reasonable time as required by the Essential Commodities Act. The High Court dismissed the Writ petition. On the question, whether the notification fixing the maximum selling price G of the commodity was void, for not having been laid before both Houses of Parliament. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 195 |
Petitioner | Atlas Cycle Industries Ltd. And Ors. |
Respondent | State Of Haryana |
SCR | [1979] 1 S.C.R. 1070 |
Judgement Date | 1978-10-04 |
Case Number | 24 |
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