LAWS(KER)-1973-1-18

A K ABDULLA KASARAGOD Vs. STATE OF KERALA

Decided On January 11, 1973
A.K.ABDULLA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) 4, 5 -- State Government has no power to insist that prices should be displayed -- Hence, Clause.4 is invalid -- No relief can be granted to the petitioner by way of a declaration that Clause.5 is beyond the competence of the State Government -- Essential Commodities Act, 1955, S.3, S.5

(2.) The first two prayers in this petition are to:

(3.) The Kerala Cycle Tyres and Tubes (Declaration of Stocks and Maintenance of Accounts) Order, 1966 (hereinafter referred to as the Order) was passed by the State Government on 16th August, 1966 in exercise of the powers conferred by sub-s.(1) read with clauses (e), (h), (i) and (j) of sub-s.(2) of S.3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) and the Order of the Government of India in the Ministry of Commerce dated 18th June, 1966. Clause.4 and 5 of the Order are in these terms: