J. C. SHAH, K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, S. M. SIKRI
Pema Chibar Alias Premabhai Chhibabhai Tangal – Appellant
Versus
Union Of India – Respondent
Judgement
WANCHOO, J. : This writ petition under Art. 32 of the Constitution is by a former Portuguese citizen, who became a citizen of India after the acquisition of the Portuguese territories in India by the Government of India on December 20, 1961. It may be mentioned that the Portuguese territories were acquired by India after military action. The petitioner was resident in Daman and had obtained 23 licences for import of various goods between October 9 and December 4, 1961. The goods to be imported under these licences were to the value of over one million pounds. The licences were valid for a period of 180 days from the date of issue and could be renewed for a further period. The case for the petitioner is that he had placed firm orders in respect of the goods covered by the said licences with his foreign suppliers prior to December 20, 1961 for the full value of the licences and had made to the said foreign suppliers advance payments either in full or in part of the price of the goods. The total amount said to have been paid by the petitioner was over £3,88,000 and he had to pay a further sum of over £7,62,000 as the balance. The goods covered by these licences had to be ship
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