Supreme Court of India
Shri Malaprabha Co-op. Sugar Factory Ltd. v. Union of India and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the government could not, in law, proceed to a determination of the levy price by mopping up 100 per cent of the excess realisation of free sale sugar.
Judgment, page 44
From the headnote
Constitution of India, 19SO: Anicle J9(l)(f), 19(l)(g) and 31-Levy sugar-Fixation of price-Held, Government cannot fzx an arbitrary price nor can a price be fzxed on extraneous consideration--lf the price fzxed does not secure a reasonable return on capital employed, it is liable to be challenged both on the ground of its being inconsistent with Section 3(3- ) of the Essen- tial Commodities Act, 19S5, as also violative of Anicles 19(1) (f), 19) (1) (g) and 31 of the Constitution.
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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