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1961 Supreme(SC) 280

K.SUBBA RAO, M.HIDAYATULLAH, P.B.GAJENDRAGADKAR, RAGHUBAR DAYAL, J.C.SHAH
Chandrakant Krishnarao Pradhan: Tulsidas Khimji And Company – Appellant
Versus
Jasjit Singh, The Collector Of Customs, Bombay – Respondent


Advocates:
D.N.MUKHERJI, G.GOPALAKRISHNAN, H.N.SANYAL, J.R.GAGRAT, M.C.BHANDARE, P.D.MENON, P.L.VOHRA, PORUS A.MEHTA, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY, S.V.Gupta

Judgment

HIDAYATULLAH, J. (on behalf of himself, Gajendrajadkar; Shah & Raghubar Dayal JJ,) : These writ petitions raise identical questions, and a common argument was addressed to the Court in all of them. Petitions Nos. 80 and 80A of 1960 have been filed by two petitioners. One petitioner holds a permanent licence and the other, a temporary licence renewable trienially, to work as Dalals at New Customs House, Bombay. In the other petitions also , Petitioners Nos. 1 to 50 hold permanent licences, and petitioners Nos. 51 to 99 hold temporary but renewable licences. Some of the permanent licences were issued in 1936, and some of the temporary licences were issued as far back as 1944. These licences, whether permanent or temporary, were issued under S.202 of the Sea Customs Act, 1878, prior to its amendment by the Sea Customs (Amendment ) Act, 1955 (Act 21 of 1955), They were issued after a brief enquiry and subject to the fulfilment by the applicant of the following conditions :

"(1) He must produce at least 2 certificates of character each from a Justice of Peace or other persons of known respectability.

(2) He must certify that he has not been convicted of any criminal offence.

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