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1992 Supreme(SC) 686

N.P.SINGH, P.B.SAWANT
State Of T. N. – Appellant
Versus
Sanjeetha Trading Company – Respondent


Advocates:
K.K.VENUGOPAL, K.R.NAGARAJA, K.R.NAMBIAR, K.V.VIJAYAKUMAR, K.V.VISHWANATHAN, R.MOHAN, Siva subramanium, T.Raja, V.BALACHANDRAN

JUDGMENT

N. P. SINGH, J.:—These Appeals have been filed on behalf of the State of Tamil Nadu, for setting aside the judgment of the High Court, holding that the amendment introduced by notification dated 22nd September, 1983 in clause 3 of the Tamil Nadu Timber (Movement Control) Order, 1982, was violative of Art. 19(l)(g) and Article 301 of the Constitution and as such unconstitutional and invalid.

2. The Tamil Nadu Timber (Movement Control) Order, 1982 (hereinafter referred to as Movement Control Order) was notified in exercise of the power conferred by S. 3 of the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949 (hereinafter referred to as the Act). The Act aforesaid was originally entitled "Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 ".The preamble of the Act says that it was to provide "powers to control the supply, distribution, transport and prices of essential articles and trade and commerce therein Section 2(a) defines "essential article" to mean any of the articles specified in the schedule to the said Act and "any other article which may be declared by the State Government by notified order to be an essential article














































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