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National Seeds Association of India v State of Gujarat, Through Secretary
Gujarat High Court
22 April 2011
Special Civil Application No. 4404 of 2010
The Judgment was delivered by : Hon'ble Justice S. J. Mukhopadhaya
1. This writ petition has been preferred by National Seeds Association of India and others challenging the validity of the Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2008 [hereinafter referred to as "the Cotton Seeds Act, 2008"] and the price-fixation thereunder.
2. The brief facts of the case are that the Essential Commodities Act was enacted by the Parliament under Entry 33, List III of Schedule VII of the Constitution of India to govern trade and commerce in different essential commodities including "cotton seeds". In the year 1966, the Parliament passed "Seeds Act, 1966" in exercise of power conferred under Entry 33, List III of the Schedule VII of the Constitution to regulate the quality of certain seeds, such as seeds of food crops, cotton seed, etc. to be sold for purposes of agriculture; including horticulture.
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