H.R.KHANNA, M.H.BEG, Y.V.CHANDRACHUD
Syed Ahmed Aga – Appellant
Versus
State Of Mysore – Respondent
Judgment
BEG, J.:- The two Writ Petitions before us under Article 32 of the Constitution of India by persons carrying on the business of silkworm cocoon rearing and reeling challenge the validity of various amendments of the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Mysore Act 5 of 1960 (hereinafter referred to as the Principal Act ) by the Mysore Silkworm Seed and Cocoon. (Regulation of Production, Supply and Distribution) (Amendment), Act, 1969 (hereinafter called as the Amending Act ). The petitioners alleged that their fundamental rights guaranteed by Article 19 (1) (g) of the Constitution have been illegally interfered with by these amendments in so far as the amendments impose additional restrictions upon these rights without having secured the Presidential sanction required by the proviso to Article 304 (b) of the Constitution.
2. Article 304 of the Constitution reads as follows:
"304. Notwithstanding anything in Article 301 or Article 303, the Legislature of a State may by law
(a) impose on goods imported from other States or the Union territories any tax to which similar goods manufactured or produced in that State are subject to, how
Khynbarl Tea Co. Ltd. v. State of Assam
Mahd. Yasin v. Town Area Commithe, Jalalabad
referred to : Himmatlal Harital Alehta v. State of M. P.
distinguished : Ram Chandra Palai v. State of orissa
discussed : Attiombile Transport (Raj.) Ltd. v. State of Rajasthan
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