K. N. WANCHOO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, S. M. SIKRI, J. C. SHAH
V. S. Rice And Oil Mills – Appellant
Versus
State Of A. P. – Respondent
Judgment
GAJENDRAGADKAR, C.J.I. : The principal question of law which arises in this group of 37 civil appeals relates to the construction of S. 3 of the Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (No. 29 of 1949) (hereinafter called the Act ). The dispute which has given rise to these appeals centers round the validity of two notified orders issued by the respondent, State of Andhra Pradesh on January 28, 1955, and January 30, 1955 respectively, and it is the contention of the appellants that the said notified orders are outside the purview of S. 3. The appellants in all these appeals are supplied electricity by the respondent for many years past and several individual agreements have been passed between them and the respondent during the period 1946 to 1952 prescribing the terms and conditions on which the said supply would be made to them. One of these terms stipulated the rate at which the supply of electricity had to be charged against the consumers. The impugned orders have purported to increase this rate, and the appellants contend that the respondent had no authority to change this important term of the contract to their prejudice by t
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