Supreme Court · 1960 INSC 163 · Decided 26 September 1960

Atiabari Tea CO., LTD. v. The State of Assam and OTHERS. (And Connected Petition and Appeals)

Court
Supreme Court of India
Citation
1960 INSC 163 · [1961] 1 S.C.R. 809
Case number
WRIT PETITION (CIVIL) No. 246/1956
Decided
26 September 1960
Bench
BHUVNESHWAR PRASAD SINHA, P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA, J.C. SHAH (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 301

Headnote

SUPREME COURT REPORTS 809 ATIABARI TEA CO., LTD. v. THE .STATE OF ASSAM AND OTHERS. (AND CO.~NECTED PETITION AND APPEALS) (B. P. SINHA, c. J., P. B. GAJENDRAGADKAR, IC N. WANCHOO, K. C. DAs GUPTA and J. c. SHAH, JJ.) Freedom of Trade-If includes freedom from laxation·-State Law imposing tax of I954). The Assam Taxation (on goods carried by Roads and Inland Waterways) Act, 1954, was passed under Entry 56 of List II of Seventh Schedule to the Constitution. The appellants contend­ ed that the "Act violated the freedom of trade guaranteed by Art. 301 of the Constitution and

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