CiteTEXT
...transport fee — of trade in non-potable alcohol was challenged as a transgression on the area reserved for Parliament in respect of a controlled industry (see Entry 52 List I) and as repugnant to the...control exercised by the Centre as regards the products of such a controlled industry (see Entry 33 List III). The challenge was specially on the ground that the levy of fees could not be justified except...by the States. The argument was that such impost, to the extent that it fell on industrial alcohol, encroached upon the legislative field reserved for Parliament in respect of a controlled industry coming under Entry 52 of ...
...Court held that what would fall under Entry 24 of List II would be the process of manufacture or production except where the industry was a controlled industry when it would fall within Entry 52 of List I.... The products of the industry would be comprised in Entry 27 List II except where these were products of a controlled industry, when they would fall within Entry 33 of List III. Therefore, the..., this observation was not in the context of any product of the controlled industry; and hence these observations cannot be considered as holding that Section 18-G prevented the State from exercising its power of legislation under E...
...industry is a controlled industry when it would fall under Entry 52 of List I and the products of the industry would fall under Entry 27 of List II except where they are products of ...’ which are specifically referred to therein. Then we have the expression ‘industry’ in Entries 7 and 52 of List I, Entry 24 of List II and Entry 33 of List. III of the Seventh Schedule to the..., and (3) the distribution of the products of the industry. But raw materials are dealt with by Entry 27 of List II, the process of manufacture or production by Entry 24 of List II except where the...
...industry being a controlled industry, legislation in regard to the same would have been in the exclusive province of Parliament and production, supply and distribution of the product of sugar industry,
...within Entry 33 of List III as it was not the product of sugar industry which was a controlled industry. It was only after the amendment of Entry 33 of List III by the Constitution -Third Amendment Act...power to legislate in regard to sugar industry which was a controlled industry by Entry 52 of List. I, that legislative power included also the power to legislate in regard to the raw material of the...
...)“The process of manufacture or production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entry 52 of ...products of the industry would also be comprised in Entry 27 of List II except where they were the products of the controlled industries when they would fall within Entry 33 of List III...validity of the U.P Sugarcane Purchase Act was challenged on the ground that it invades Entry 52 of List I with respect to the sugar industry which is a controlled industry under the IDR Act, 1951. The question rai...
..., List II and Entry 42, List III. This power cannot be denied on the ground that it has some effect on an industry controlled under Entry 52, List I. Effect is not the same thing as subject-matter. If a...of manufacture or production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entry 52 of List I and the products of the ...said that the legislation which was enacted by the Centre in regard to sugar and sugarcane could fall within Entry 52 of List I. Before sugar industry became a controlled industry, both sugar and sugarcane fell wit...
.... The charge is bad, firstly, because, argues counsel, it is, in its true character, a legislation in respect of a “controlled industry” and this power belongs exclusively to Parliament under Entry 52 of List I...death.27. Is the legislation ultra vires because the State enters the forbidden ground by enacting on controlled industry? It is undisputed that sugar industry is a controlled ...considered as ancillary to the legislation in regard to sugar industry which is a controlled industry and comprised within Entry 52 of List I….”34. The edifice...
...examined in this context is, whether the amending legislations are beyond the legislative competence of the State legislature. It was urged that silk industry is a controlled industry declared by Parliament by law to be exp...an industry is controlled industry as declared by Parliament under Entry 52 in List I, the State is not deprived of its legitimate power to legislate within its own sphere in respect of such industry...process of manufacture or production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entry 52 of List I and the products of the...
...of the products of such controlled industry have been provided for in Entry 33 of the Concurrent List wherein both Parliament and the State Legislatures are competent to legislate. A Constitution...Entry 27. The process of manufacture or production would be comprised in List II Entry 24 except where the industry was a controlled industry when it would fall within List I Entry 52 and the...products of the industry would also be comprised in List II Entry 27 except where they were the products of the controlled industries when they would fall within List III Entry 33...
...products of an industry which was declared to be a controlled industry under Entry 52 of List 1. Since there was no Central legislation occupying the field, the State law must be held to be valid...said that the State cannot also claim that, it can regulate industrial alcohol and a product of the scheduled industry, under Entry 33 of List III because the Union, under Section 18-G of the IDR Act...) which initially read:“3. (a) The fee for a licence in Form FL-39 shall be at a rate prescribed for industry to industry by the Excise Commissioner per litre, payable on...
...List III. This power cannot be denied on the ground that it has some effect on an industry controlled under Entry 52, List I. Effect is not the same thing as subject-matter. If a State Act, otherwise...placitum 25 of the First Schedule to the IDR Act, sugar being a declared industry, that industry goes out of Entry 24 List II, and hence U.P State Legislature was denuded of all legislative power to...respect of the topic of “industry”.7. The scope and content of Entry 52 List I and Entry 24 List II has to be demarcated with precision to avoid a possible confusion likely to...
...industry is taken under Union control, the State cannot rely upon its power under any of the entries in List II or Entry 33 of List III, to regulate the products of a controlled industry. Section 18G of th...of its legislative competence to legislate in regard to the products of a controlled industry under Entry 33 of List III. Even an order issued under Section 18G of the IDR Act, did not, and could not...Section 18G in the IDR Act 1951, the State legislature does not become incompetent to legislate under Entry 33, List III in respect of the products of a controlled/scheduled industry, and/or any Act...
...legislative competence of the State of U.P to regulate the supply and purchase of sugar-cane by the impugned State Act of 1953 was raised by contending that ‘sugar’ being controlled industry under the Industries Development and Regu...follows as a necessary corollary that, even though sugar industry was a controlled industry, none of these Acts enacted by the Centre was in exercise of its jurisdiction under Entry 52 of List I.... The process of manufacture or production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entry 52 of List I and the products...
...list 3, this power cannot be denied on the ground that it has some effection an industry controlled under Entry 52 in list I, in as much as effect is not the same thing as subject matter...List 2. The process of manufacture or production would be comprised in Entry 24 List 2 except where the industry was a controlled industry when it would fall within Entry 2 of List 1 and the produ...the industry would also be comprised in Entry. 27 of List 2 except where they were the products of the controlled industry when they would fall within Entry 33 of List 3.18. In...
...industry is a controlled industry under the Union being covered by Entry-52 of List-I of the 7th Schedule to the Constitution of India. Therefore, State legislature is denuded of its power to.... Referring to Entry 24 of List-II in the 7th Schedule, he submitted that ordinarily industry is in the field of State legislation but if the industry is declared by the Union as a controlled ...such controlled industry under Entry 24 of List-II. Therefore, when Parliament enacted COTPA, tobacco industry became a controlled industry under the control of the Union and State legislatures in...
...it was held:“… The process of manufacture or production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entr...and the products of the industry would also be comprised in Entry 27 of List II except where they were the products of the controlled industries when they would fall...sugar industry became a controlled industry, both sugar and sugarcane fell within Entry 27 of List II but, after a declaration was made by Parliament in 1951 by Act LXV of 1951, sugar industry became a...
...I declaring that certain industry is a controlled industry then the contents of Entry 24 of List II stand transferred to Entry 52 of List I denying the State. Legislature power to enact law on the....If the matters has stood there, the sugar industry being a controlled industry, legislation with regard to the same would have been in the exclusive province of Parliament and production, supply and distrib...except where the industry was a controlled industry when it would fall within Entry 52 of List I and the products of the industry would also be comprised in Entry 27 of List 2 except where they we...
...controlled industry, covered by central legislation made pursuant to Entry 52 of List I such as the Industries Development and Regulation Act, 1951 (I.D.R Act). It is urged that...:First, the expression “Industry” in Entry 52 List I includes not only the “process of manufacture” but also “Trade and Commerce in the products of a controlled industry”; that Entry 97 is also a ta..., read with Entry 97 enables a tax on “Trade and Commerce on the products of controlled industry”. The sweep of Entries 52, 97 of List I, so understood, would...
...arise. It also follows as a necessary corollary that, even though sugar industry was a controlled industry, none of these Acts enacted by the Centre were in exercise of its jurisdiction under Entry 52 of List I...production would be comprised in Entry 24 of List II except where the industry was a controlled industry when it would fall within Entry 52 of List I and the products of the industry would also be...legislation which was enacted by the Centre in regard to sugar and sugarcane could fall within Entry 52 of List 1. Before sugar industry became a controlled industry, both sugar and sugarcane fell within Entry 27 o...
...in List II; that the tea industry was a controlled industry as declared by Parliament and directly came under Entry 52 of List I; that it was a colourable piece of legislation which, in its true...interfering with the freedom of trade, commerce and intercourse; (2) that tea being a controlled industry under the provisions of the Tea Act 29 of 1953, the Union Government alone had the power to...conclusion that the impugned Act did not trespass upon the field of the controlled industry of tea. His conclusion with reference to the argument of discrimination based on Article 14 was that there...