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2002 Supreme(SC) 1048

Tata Iron And Steel Company LTD. – Appellant
Versus
Collector Of Central Excise, Jamshedpur – Respondent


JUDGMENT

S.N. Variava, J.-Some of these Appeals are filed by the Collector of Central Excise. Other Appeals are filed by Iron or Steel Manufacturing Companies. In all these Appeals common questions of law arise. Therefore all these Appeals are being disposed of by this common judgment.

2. Briefly stated the facts are as follows :

Under Section 2(a)(ii) of the Essential Commodities Act, 1955 "iron and steel including manufacture of products of iron and steel" are essential commodities. Section 3 of this Act enables the Central Government to control production, supply and distribution of essential commodities. One of the manners of control could be by regulating price at which the essential commodities are to be bought or sold.

3. Pursuant to the powers given under Section 3 of the Essential Commodities Act, 1955 the Government of India issued the Iron and Steel (Control) Order, 1956. Clauses 15 and 17(b) of the said Order read as follows :

"15. Power to fix price.-(1) The Controller may from time to time by notification in the Gazette of India, fix the maximum prices at which any iron or steel may be sold (a) by a producer, (b) by a stockholder including a controlled stockholder and (c)



































































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