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GUJARAT HIGH COURT
, J
Valley Noor Mohomad v. State of Gujarat
| Table of Content |
|---|
| 1. petitioner details and legal standing. (Para 1) |
| 2. contentions against licensing fee provisions. (Para 2) |
| 3. examination of the bombay essential commodities and control act. (Para 3 , 4) |
| 4. citing former case for precedent on constitutional validity. (Para 5) |
| 5. principles and tests regarding freedom of trade under art.301. (Para 6 , 7) |
| 6. discussion on regulatory measures affecting trade. (Para 8 , 9) |
| 7. analysis of applicability and implications of art.304. (Para 10 , 11 , 12) |
| 8. nature of charges: license fee vs. tax. (Para 13) |
| 9. judgment allowing petition and declaring notification void. (Para 14) |
1. The petitioner No. 2 is an association of persons who are running salvage farms. The petitioner No. 1 is the President of that association. The petitioner No. 2 association has been registered under the Bombay Non - Trading Corporations Act, 1959. Its members have been running salvage farms at village Kakoshi and other places in Mehsana District. At their salvage farms, they receive drought buffaloes, treat them for a period of time and make them milch buffaloes. When drought buffaloes become milch buffaloes, after receiving treatment at the salvage farms, they are retur
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