1953 (12) TMI 19 - SUPREME COURT

Whether the provisions of the Ordinance for taking over the management and administration of the company, contravene the provisions of article 31 (2) of the Constitution?

Whether the Ordinance as a whole or any of its provisions infringe articles 14 and 19 of the Constitution?

Held that:- The plaintiff is entitled to challenge the constitutionality of the Ordinance on the basis that it abridges the company's fundamental right under article 31 (2). The plaintiff is thus entitled to succeed in this suit which should have been decreed in the terms in which it was laid.