https://www.taxtmi.com/caselaws?id=185181 Clause 5(e) of the Assam Foodgrains (Licensing and Control) Order, 1961 was upheld as intra vires section 3 of the Essential Commodities Act, 1955 because it only allowed the licensing authority to treat co-operative status as one relevant factor, with a rational nexus to equitable distribution and fair prices. However, the refusal of a licence on the basis of executive instructions designed to exclude private dealers and create a monopoly for co-operative societies was inconsistent with the Order, discriminatory, and contrary to Articles 14 and 19. The impugned licensing action was therefore invalid, and reconsideration according to law was required. en-us Fri, 29 Sep 1961 00:00:00 +0530 Tue, 02 Aug 2016 18:47:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185181 Clause 5(e) of the Assam Foodgrains (Licensing and Control) Order, 1961 was upheld as intra vires section 3 of the Essential Commodities Act, 1955 because it only allowed the licensing authority to treat co-operative status as one relevant factor, with a rational nexus to equitable distribution and fair prices. However, the refusal of a licence on the basis of executive instructions designed to exclude private dealers and create a monopoly for co-operative societies was inconsistent with the Order, discriminatory, and contrary to Articles 14 and 19. The impugned licensing action was therefore invalid, and reconsideration according to law was required. Case-Laws Indian Laws Fri, 29 Sep 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185181