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PETITIONER: THE CHAMBER OF COMMERCE, HAPUR, AND THREE OTHERS
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH ANDTWO OTHERS.
DATE OF JUDGMENT: 18/10/1954
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHAR CHAND (CJ) HASAN, GHULAM BHAGWATI, NATWARLAL H. JAGANNADHADAS, B.
CITATION: 1955 AIR 8 1955 SCR (1) 838
ACT: Uttar Pradesh Food-grains(Futures and Options Prohibition) Order, 1951-Uttar Pradesh Food-grains (Futures and Options Prohibition) Order, 1945-Restrictions on dealings in pulses other than grams-In both orders-Order of 1951 partly declared ultra vires by Supreme Court--Not so s. 9 thereof which repealed Order of 1945-Whether Order of 1945 still in force-Proper procedure for clarification of the matter.
HEADNOTE: Uttar Pradesh Food-grains (Futures and Options Prohibition) Order, 1951, made it illegal and a punishable offence for any person to enter into any futures in pulses other than gram, or to pay or receive or to agree to pay or receive any margin relating to such futures. By s. 9 of that Order the Order of 1945 containing similar provisions was repealed. An application under Art. 32 of 839 the Constitution presented by several persons (including the present petitioners) for the enforcement of their fundamental right under Art. 19(1)(g) of the Constitution to carry on their business and restraining the State from enforcing t...