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PETITIONER: RAM CHANDRA PALAI AND OTHERS
Vs.
RESPONDENT: THE STATE OF ORISSA AND OTHERS.
DATE OF JUDGMENT: 20/01/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. DAS, SUDHI RANJAN JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1956 AIR 298 1956 SCR (8) 28
ACT: Fundamental Rights, infringement of-Acts creating virtual State monopoly in motor transport basiness-Application of one Act to certain groups of owners and another to certain others operating different routes in different localities-If makes for discrimination and inequality-If restricts rights to hold property and practise trade and business- Notification terminating permitsfor taking over transport business, if confiscates property without compensation- Freedom of inter-state and intrastate trade, if afundamental right" Constitution of India, Arts. 14, 19(1)(f) and (g), 31(2), 301, 305Orissa Motor Vehicles (Begulation of Stage Carriage and Public Carrier’s Services) Act, 1947 (Orissa Act XXXVI of 1947), s. 4---Orissa Motor Vehicles (Amendment) Act, 1948 (Orissa Act I of 1949), S. 1.
HEADNOTE: The petitioners were owners of Stage Carriage Services holding -permits under the Motor Vehicles Act of 1939. The State Government of Orissa, in pursuance of its scheme of a Nationalised State ’Transport as contemplated by the Orissa Motor Vehicles (Regul...