Supreme Court · 2003 INSC 609 · Decided 6 November 2003
S. Samuel, M.D., Harrisons Malayalam and ANR. v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 609 · [2003] SUPP. 5 S.C.R. 295
- Case number
- CIVIL APPEAL No. 12746/1996
- Decided
- 6 November 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 2
Headnote
Essential Commodities Act, 1955-Section 2(a)(v), (xi) 3 and 5-Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977-Delegation of powers by Central Government under section 5 in favour of State Government B in relation to foodstuff-State Control Order of 1977 making provisions C As tea is not a foodstuff and there is no delegation of powers by Central Government under section 5 in relation to tea, State could not have promulgated an order under Section 3 of the 1955 Act making it applicable to tea, thus the provisions of Order in relation to tea ultra vires the power
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)