AIR 1967 PATNA 114

Patna High Court

Hon'ble Judge(s): R. L. Narasimham , C.J. AND K. K. Dutta , J

(A) Constitution of India , Art.14, Art.19, Art.358, Art.359(1), Art.13— Order made under R.125 of Defence of India Rules imposing compulsory levy of foodgrains - Validity - Under Art.358 and Notifications Nos. GSR 1464 D/-03-11-1962 and GSR 1510 of 11-11-1962 made under Art.359(1), rights under Art.14 and Art.19 have been suspended during Proclamation of Emergency in respect of laws made pursuant to such Proclamation - Wide definition of "Law" in Art.13 will include order made under Defence of India Rules - As such, validity of such order as violative of Art.14 and Art.19 cannot be challenged. Notification No. 18038, D/-29-10-65. Defence of India Rules (1962) , R.125— (Para 5) (B) Constitution of India , Art.31(2), Art.13(3)(a)— Order issued under R.125 of Defence of India Rules imposing compulsory levy of foodgrains - Price for such foodgrains fixed by Government by separate notification - Such notification is not violative of Art.31(2). AIR 1959 Pat 268, Foll. Defence of India Rules (1962) , R.125— Notification No. 18038, D/-29-10-1965. Cl.7. (Para 9 10) (C) Constitution of India , Art.23(2)— Order made under R.125 of Defence o....