https://www.taxtmi.com/caselaws?id=189145 State executive action reallocating a sugar quota was invalid where it conflicted with existing licensing and control orders; licensed dealers' rights could be altered only through the statutory procedure, and executive instructions could not override that regime. Emergency provisions did not save the order because Article 358 protects only action otherwise competent in law, and Article 359 was inapplicable where the measure was not shown to have been taken under the Defence of India Ordinance or rules. The order also breached Article 301 by creating a trade restriction and monopoly in favour of one cooperative society without valid legislation, and was therefore unsustainable. en-us Thu, 05 Feb 1970 00:00:00 +0530 Thu, 29 Dec 2016 11:27:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189145 State executive action reallocating a sugar quota was invalid where it conflicted with existing licensing and control orders; licensed dealers' rights could be altered only through the statutory procedure, and executive instructions could not override that regime. Emergency provisions did not save the order because Article 358 protects only action otherwise competent in law, and Article 359 was inapplicable where the measure was not shown to have been taken under the Defence of India Ordinance or rules. The order also breached Article 301 by creating a trade restriction and monopoly in favour of one cooperative society without valid legislation, and was therefore unsustainable. Case-Laws Indian Laws Thu, 05 Feb 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189145