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-MEMORIAL FOR THE PETITIONER- 1 8 TH^ KIIT INTRA MOOT COURT COMPETITION- KIMCC-

JAIPUR NATIONAL UNIVERSITY

BEFORE THE HONOURABLE SUPREME COURT

OF BAUDHI

AYUSHMANTEA ESTATE

VS

STATE OF BANGA

UNDER ARTICLE 32 OF THE CONSTITUTION OF BAUDHI

MEMORIAL FOR PETITIONER

Submitted by : Tej prakash learned counsel of petitioner b.a.ll.b ivth sem r

PETITIONER- TABLE OF CONTENT ABBREVIATIONS 2 SUMMARY OF ARGUMENTS 8 ARGUMENTS ADVANCED 10 Whether the act rules and the notification under the act were ultra vires the constitution?. 11 Whether any Fundamental Right is violated or not? Whether the fundamental Right which is guaranteed under article 19(1)(g) has infringed or not? PRAYER

INDEX OF AUTHORITIES

LIST OF ABBREVIATIONS

TABLE OF CASES

PETITIONER- S. NO. ABBREVIATION FULL FORM

1. AIR All India reporter
2. SC Supreme Court
3. SCC Supreme Court Cases
4. Sec. Section
5. Vs Versus
6. SCR Supreme Court Reports
7. Govt. Government
8. Ibid Ibidem
9. Vol Volume
10. CrPC Code of Criminal Procedure S.NO CASE NAME PAGE NO.
11. Attibari tea co. ltd v. state of assam 26 sep 1963 10
12. Automobile transport v. state of rajasthan 9 april 1962 10
13. Jindal stainless ltd. v. state of haryan 2006(7)scc241 11
14. Khyerbari tea co. ltd v. state of assam 13 dec 1964 11
15. ITC LTD. V. State of T.N 22 march 2007 11
16. State of kerla vs a.b abdul kadir and others

7. Dinesh pouches lited v. state of rajasthan 2007 12

BOOKS AND DIGESTS REFERRED

Durga Das Basu, Commentary on the Constitution of India, 8 th Edition 2011 V.N.Shukla, Constitution of India, 12th Edition 2013 M.P.Jain, Indian Constitutional Law, 5th Edition 2003 ONLINE RESOURCES (manupatra) (scconline) PETITIONER-

STATEMENT OF JURISDICTION

The petitioner humble submits to the jurisdiction of this honourable court under Article 226 of the Constitution. The petitioner approached this hono Court as final and binding upon them and shall execute in its entirety and good faith. PETITIONER-

STATEMENT OF FACTS

1. Tea planter of banga carry their tea to the market of chauli , from there tea is sold for consumption in the country of baudhi or is expor

2. the tea carried for export by inland waterways and by rail and other form of transport to nearby state of chitauri. The BANGA legisla

3. the duress, though was too much and therefore Tea planters under the leadership of ayushman tea estate moved a petation to the sup

PETITIONER-

STATEMENT OF ISSUES

Whether the said writ petition is maintainable or not?

Whether the act rules and the notification under the act were ultra vires the constitution

Whether any Fundamental Right is violated or not?

Whether the fundamental Right which is guaranteed under article 19 (1)(g)has been infringed or not?

PETITIONER-

SUMMARY OF ARGUMENTS

1. Whether the said writ petition is maintainable or not?

al remedies guaranteed under part III where by any citizen can approach supreme Court for enforcement of his fundamental rights. A writ of Manda

2 Whether the act rules and the notification under the act were ultra vires the constitution?

T he act ,rules and the notification under the act were ultra vires the constitution ,because the act was repugnant to the provison of

Interfering with the freedom of trade, commerce and intercourse :that tea being controlled under the provison of the

Whether the fundamental Right which is guaranteed under article 19 (1)(g) has infringe d or not?

Article 19(1) (g) of the Constitution of India guarantee to all citizens the right to practice any profession ,or to carry on any occupati

Article 19(6) state that nothing in sub clause (g) of the said clause shall affect the operation of ;any existing law in so far as it impose

PETITIONER-

PETITIONER-