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1995 Supreme(All) 1050

S.RAFAT ALAM, G.P.MATHUR, V.N.KHARE
SHRIRAM INDUSTRIAL ENTERPRISES LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
BHARATI SAPRU, SUDHIR CHANDRA AGARWAL

V. N. KHARE, J.


( 1 ) TWO Judges of this Court having differed in their opinion on the 9 question of competence of State Legislature to enact U. P. Shexra Niyantran Adhiniyam 1964 (U. P. Act No. XXIV of 1964) (in short, the Adhiniyam) have referred the following point of difference to third Judge for opinion:"whether by virtue of Section 18g of the Industrial (Development and Regulation) Act, 1951, the State Legislature stood denuded of power to legislate regulating supply, distribution and price of molasses-a product of sugar industry, and was conseqeuntly incompetent to enact Sections 7, 8 and 10 of the Uttar Pradesh Sheera Niyantran Adhiniyam 1964 (U. P. Act No. 24 of 1964)?"honble the Chief Justice instead of referring the matter to the third Judge, constituted this Full Bench to answer the point of difference between the two Judges and that is how the matter has come up before us. It arises in the context of statement made in the Lok Sabha by the Minister of State in the Ministry of Chemical and Fertilisers regard ing decontrol of molasses and alochol which was followed by Notifications dated 10-6-1993 by which the Molasses Control Order 1961 and Ethyl Alcohol (Price Control)







































































































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