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PETITIONER: DARSHAN SINGH
Vs.
RESPONDENT: STATE OF PUNJAB.ATTAR SINGHV.STATE OF PUNJAB.UNION OF INDIA-
DATE OF JUDGMENT: 05/12/1952
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. HASAN, GHULAM SASTRI, M. PATANJALI (CJ) AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN
CITATION: 1953 AIR 83 1953 SCR 319
ACT: East Punjab Cotton Cloth and Yarn Order, 1947-Provincial law prohibiting export of essential commodity without permit- Validity-Essential Supplies (Temporary Powers) Act, 1946, ss. 3 and 4-" Trade and Commerce ", meaning of- Whether include export-Construction of statutes-Acts must be construed as a whole.
HEADNOTE: Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, which was passed by the Indian Legislature in 1946 empowered the Central Government by notified order to provide for regulating and prohibiting the production, supply and distribution of any essential commodity and trade and commerce therein; s. 4 of the Act empowered the Central Government to delegate its powers under s. 3 to the Provincial Government or any officer thereof. The Governor of the Punjab to whom such powers had been delegated under s. 4 passed the East Punjab Cotton Cloth and Yarn Control Order, 1947, which prohibited the export of cotton cloth and yarn to any country outside India except under a permit, and made export without permit an offence. The val...