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CHINTAMAN RAO vs. THE STATE OF MADHYA PRADESH

SCR Citation: [1950] 1 S.C.R. 759
Year/Volume: 1950/ Volume 1
Date of Judgment: 08 November 1950
Petitioner: CHINTAMAN RAO
Disposal Nature: Petition Allowed
Neutral Citation: 1950 INSC 27
Judgment Delivered by: Hon'ble Mr. Justice Mehr Chand Mahajan
Respondent: THE STATE OF MADHYA PRADESH
Case Type: WRIT PETITION (CIVIL)/78/1950
Order/Judgment: Judgment
1. Headnote

Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act (LXIV of 1948), ss. 8, 4-Law prohibiting bidi manufacture during agricultural season-Validity -Restriction of fundamental right to carry on trade or business Reasonableness of restrictions-Test of reasonableness-Jurisdiction of court to consider whether restrictions are reasonable-Constitution of India, 1950, Art. 19(1)(g), 19(6). 

The Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act, LXIV of 1948, a law which was in force at the commencement of the Constitution of India, provided that 11 the Deputy Commissioner may by notification fix a. period to be an agricultural season with respect to such villages as may be specified therein" and that "the Deputy Commissioners may by general order which shall extend to such villages as he may specify, prohibit the manufacture of bidis during the agricultural season.'' The Act provided further that  no person residing in a village specified in Buch order shall during the agricultural season engage himself in the manufacture of bidis, and no manufacturer shall during the said season employ any person for the manufacture of bidis." An order was issued by the Deputy Commissioner under the provisions of the Act forbidding all persons residing in certain villages from engaging in the manufacture of bidis during a particular season. A manufacturer of bidis and an employee in a bidi factory residing in one of the said villages applied under Art. 32 of the Constitution for a writ of mandamus alleging that since the Act prohibited the petitioners from exercising their fundamental right to carry on their trade or business which was guaranteed to them by cl. (1) (g) of Art. 19 of the Constitution, the Act was void .


2. Case referred
3. Act
  • Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act, 1948 (64 of 1948)
  • Constitution Of India
  • Constitution Of India
4. Keyword
  • Central Provinces and Berar Regulation of Manufacture of Bidis (Agricultural Purposes) Act
5. Equivalent citation
    Citation(s) 1951 AIR 118 =