https://www.taxtmi.com/caselaws?id=171095 The minimum royalty condition in the kendu leaves tender scheme was treated as a condition of operation, not as one integral to the creation of the State monopoly, so it fell outside Article 19(6)(ii) but was upheld as a reasonable restriction under Article 19(6). The Article 14 challenge also failed because the same tender terms applied to all bidders and the scheme was not arbitrary in its actual operation. However, the absolute bar on objections to quality or shortage of leaves in the standard gaddis conflicted with the statutory warranty under the proviso to Section 9(1) and was held invalid as repugnant to the Act. en-us Tue, 06 Jan 1981 00:00:00 +0530 Thu, 09 Jul 2015 18:42:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171095 The minimum royalty condition in the kendu leaves tender scheme was treated as a condition of operation, not as one integral to the creation of the State monopoly, so it fell outside Article 19(6)(ii) but was upheld as a reasonable restriction under Article 19(6). The Article 14 challenge also failed because the same tender terms applied to all bidders and the scheme was not arbitrary in its actual operation. However, the absolute bar on objections to quality or shortage of leaves in the standard gaddis conflicted with the statutory warranty under the proviso to Section 9(1) and was held invalid as repugnant to the Act. Case-Laws Indian Laws Tue, 06 Jan 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171095