Topic

Right to Trade

2 articlesLatest June 2026
Inadvertent Alteration & Proportionality | Penalty Imposed But Seal Must Be Removed Pending Compounding: MP HC Gwalior
Case Law Analysis
|Madhya Pradesh High Court

Inadvertent Alteration & Proportionality | Penalty Imposed But Seal Must Be Removed Pending Compounding: MP HC Gwalior

The Madhya Pradesh High Court ruled that an inadvertent, bona fide shop alteration by a lessee does not bar compounding of the violation - while the penalty must be paid, the municipal seal must be lifted immediately to restore livelihood rights. This affirms that administrative penalties must yield to the constitutional right to trade when no malice or intent to evade law exists, setting a critical precedent for small traders facing rigid municipal enforcement.

Legislative Overreach | State Excise Licensing on Non-Intoxicant Molasses Violates Articles 14 & 19(1)(g) : CGHC
Case Law Analysis
|Chhattisgarh High Court

Legislative Overreach | State Excise Licensing on Non-Intoxicant Molasses Violates Articles 14 & 19(1)(g) : CGHC

Chhattisgarh High Court rules that imposing excise licensing on molasses used for cattle feed, industrial purposes, or gudakhu exceeds state legislative competence under Entry 8 and 51 of the State List. The judgment reinforces that regulatory powers must align with constitutional boundaries, protecting traders from arbitrary restrictions on non-intoxicant commodities.