Court : Andhra Pradesh
Reported in : AIR2005AP134; 2005(1)ALD21
..... .o.459 (1) dated 4.8.1986 into 11 items by order s.0.557 (e), dated 26.7.1996 as illegal, and contrary to sections 3 and 4 of handlooms act, 1985 and proviso to rule 3 of handlooms (reservation of articles of production) rules, 1986; (2) further declare that the search and seizure of respondents 3 to 6 at the instance of ..... powerloom/mill sector. there is no blanket ban on the manufacture of textile items reserved under the handloom reservation order. for example, though saree is reserved article only those sarees with specified technical parameters are reserved and sarees other than these technical parameters are open for production by powerloom (the textiles articles left out for production of powerlooms are also mentioned in annexure-vi to the counter .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALT368
..... . under the said order, as many as 21 items like saree, dhoti, angavastra etc., are exclusively reserved for production by handlooms.23. the act and handloom reservation order, 1986 were challenged before the supreme court under article 32 of the constitution of india in parvej aktar case (1 supra). it was contended that the act ..... items by order s.o. 557 (e), dated 26-7-1996 as illegal, and contrary to section 3 and 4 of handlooms act, 1985 and proviso to rule 3 of handlooms (reservations of articles of production) rules, 1986; (2) further declare that the search and seizure of respondents 3 to 6 at the instance of ..... no blanket ban on the manufacture of textile items reserved under the handloom reservation order, for example, though saree is reserved article only those sarees with specified technical parameters are reserved and sarees other than these technical parameters are open for production by powerloom (the textiles articles left out for production of powerlooms are also mentioned in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC453; 1993(1)SCALE456; (1993)2SCC221; [1993]1SCR803
..... it was claimed by the powerloom owners that they were not afforded such an opportunity to adduce evidence. to overcome such difficulties, government of india promulgated the handlooms (reservation of articles of production) act, 1985.27. it is necessary to set out the statement of objects and reasons of this act which runs as follows:statement of objects ..... persons employed is many times more than powerloom fro production of similar quantities of cloth. the reservation 35 of articles for handlooms does not pose and serious threat to powerlooms. it has been proved by the fact that even though the handlooms reservation orders have been on the statute book since 1950, the powerlooms have continued to proliferate and there ..... not for all time to time. it could be revise periodically. it is with this object in view, rule 3(5) of the handlooms (reservation of articles for production) rule, 1986 states as follows:3(5): the advisory committee may meet at such places and at such times as may be .....
Tag this Judgment!Court : Chennai
Reported in : AIR1995Mad57
..... number of representatives from powerloom sector in the advisory committee, constituted by the 1st respondent in notification dated 18-8-1993 issued under s. 4 of handloom (reservation of articles for production) act, 1985 (central act 22 of 1985).2. according to the supporting affidavit there are only the person from powerloom sector in the ..... 1) of the said act runs as follows :--'the central government with a view to determining the nature of any ariticle or class of articles that may be reserved for exclusive production by handlooms, constitute an advisory committee consisting of such persons have, in the opinion of that government, the necessary expertise to give advice on the ..... convened as early as 18-10-1993, that this said committee would make its recommendations to the government on the nature of the articles that may be reserved for exclusive production by handlooms and that the committee is likely to submit its report by the end of feb 1994. it is also mentioned herein that as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1997(2)SC581; (1997)4SCC511; 1997(1)LC676(SC)
..... reservation of articles for exclusive production by handloom industry under the provisions of handlooms (reservation of articles for production) act, 1985 was violative of article 14 of the constitution of india. it was held that reservation of articles under the act does not create any monopoly in favour of handloom industry. it was also observed that handloom ..... industry is the biggest cottage industry in the country and is next only to agricultural sector in providing rural employment. the act of 1985 was enacted for the protection of the interests of the handloom ..... very poor and will have no alternative employment in the rural areas unless protected through reservation of varieties for them. the reservation orders are for the continued employment of the handloom industry and are in the larger public interest. the restrictions are not only reasonable but .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant130
..... of cloth to a particular sector. in these circumstances, there is no infraction of art. 14 of the constitution. but in any event by providing for the reservation to the handloom sector, it cannot be said that the object of the statute viz., proper function, distribute consumer is not achieved, a; contended by sri javali. 36. sri ..... 14 of the constitution. 39. as observed in ramanlal nagardas's case : air1961guj38 and other cases noticed in that case, the true scope and ambit of article 14 of the coinstitution have been well settled by the various rulings of the supreme court and the principles to be applied in determining the validity of any classification ..... number of cases and it is unnecessary to refer to all of them. from the decided cases the following principles may be taken as well settled. 34.. article 14 of the constitution guarantees equality of treatment to equals and not unequals. art. 14 of the constitution forbids class legislation but does not forbid reasonable classification .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant215; ILR1976KAR80; 1975(2)KarLJ359
..... of improved technology was allowed to manufacture coloured sarees, the magnitude of the competition would be such as to totally destroy the handloom industry. looked from that angle, i do not think that the reservation of the production of coloured sarees to the hand-loom sector can be considered to be improper,the very provisions of the ..... constitution is it brought about a hostile discrimination between the owners of power-looms on the one hand and persons functioning in the handloom sector; and (iii) that the impugned notification was violative of article 19(1)(g) of the constitution.6. section 3(1) of the essential commodities act, 1955 which is in pari materia ..... on the production of certain commodity by a certain sector, there is hardly any ground for interference by the court in the exercise of its powers under article 226 of the constitution in the absence of any other material.it is significant to note that powerloom establishments having five or more powerlooms are prohibited from .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1995)53ITD142(Hyd.)
..... said order authorised export activity to the corporation, which could not be in the nature of the charity. referring to the clause of articles of association regarding dividend, reserve fund and winding up, he submitted that the very existence of those clauses is inconsistent with the main object of the corporatrion. he ..... public utility. with the same logic, the object of the assessee-corporation, "to promote, own, establish, aid and assist rehabilitation, growth and development of the handloom (cotton, wool and silk), powerloom, all types of including leather garment manufacturing and sericulture industries, both within and outside the co-operative fold", would be ..... members resulting in many of these weavers taking up independent weaving or working for master weavers.the order further states that in regard to export of handloom goods, in spite of the vast potential and opportunities existing in andhra pradesh, the performance of the state has been anything but satisfactory. similarly, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR193; 1995(1)KarLJ632
..... . in order to make available sufficient quality (quantity ?) of hank yarn at reasonable prices and also for the sustenance of handloom workers, it became necessary to reserve hank yarn for handloom sector by making it obligatory on the part of the manufacturers of yarn to pack a certain percentage of their production packet for ..... as well as the industry and such restriction is a reasonable one. there is no violation of any provision relating to the fundamental rights, much less article 14 or article 19(1)(g) of the constitution of india. they further contended that any export of coffee shall be made only under the provisions of the ..... appellants to manufacture something for which the appellants have not installed the necessary machinery and other super-structure and the notification, therefore, infracts their fundamental right under article 19(1)(g) of the constitution.25. the supreme court has briefly stated the substance of the objections of the respondents as stated in their statement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825
..... ors. : [1993]1scr803 , a bench of three judges was to consider the reservation of certain articles for exclusive production by the hand-looms whether violative of articles 19 and 14 of the constitution. this court held that there is no question of monopoly created in favour of the handloom industry. certain articles were reserved for the handloom industry to encourage the persons engaged in the manufacture of ..... handlooms on traditional looms engaged since 1950. recently, when the power-loom started manufacturing the items which were traditionally being manufactured by the handlooms that caused a serious inroad into the handloom industry. consequently, the state stepped into the business .....
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