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PETITIONER: P. V. SIVARAJAN
Vs.
RESPONDENT: THE UNION OF INDIA AND ANOTHER
DATE OF JUDGMENT: 11/12/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. DAS, SUDHI RANJAN (CJ) DAS, S.K. WANCHOO, K.N. HIDAYATULLAH, M.
CITATION: 1959 AIR 556 1959 SCR Supl. (1) 779 CITATOR INFO : RF 1970 SC 564 (191) R 1986 SC1541 (10)
ACT: Coir Industry, Regulation and Control of-Registration of exporter and licensee-Quantitative test-Constitutional validity-Coir Industry Act, 1953 (45 of 1953), S. 26, rr. 18, 19, 20(1)(a), 21, 22(a) -Constitution of India, Arts. 19, 14.
HEADNOTE: The petitioner, an unsuccessful applicant for registration as an exporter and licensee for exporting coir products, challenged the vires of the rr. 18, 19, 20(1)(a), 21 and 22(a) made by the Central Government in exercise of its powers under S. 26(1) of the Coir Industry Act, 1953 (45 Of 1953). The Act had for its object the regulation and control of the Coir industry in public interest. It was contended on his behalf that the impugned rules, which prescribed the quantitative, and not the qualitative, test for registration of established exporters, were inconsistent with the provisions of the Act and as such, ultra vires the Act and that they tended to create a monopoly in the export trade of coir commodities and ...