B. P. SINHA, J. C. SHAH, K. C. DAS GUPTA, K. SUBBA RAO, P. B. GAJENDRAGADKAR
Union Of India: State Of Delhi – Appellant
Versus
Bhanamal Gulzarimal LTD. – Respondent
Judgment
GAJENDRAGADKAR, J. : These three appeals which have been filed in this Court with certificates issued by the Punjab High Court under Art. 132(1) of the Constitution are directed against the orders passed by the said High Court by which cl. 11B of Iron and Steel (Control of Production and Distribution) Order, 1941 (hereinafter called the Order) has been declared unconstitutional and inoperative, and the criminal proceedings commenced against M/s. Bhana Mal Gulzari Mal and others under the said clause 11B read with S.7 of the Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV of 1946) (hereinafter called the Act) have been quashed. M/s. Bhana Mal Gulzari Mal Ltd., is a private limited company having its registered office at Chawri Bazar, Delhi. Since 1948 it has been registered as a stockholder by the Iron and Steel Controller (hereinafter called the Controller) under cl. 2(d) of the Order. It appears that under cl. 11B of the Order notifications had been issued from time to time giving a schedule of base prices in respect of iron and steel. On December 10, 1949, the Controller issued a notification under cl. 11B decreasing by Rs. 30 per ton the prices already fixed fo
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