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1965 Supreme(SC) 168

S. M. SIKRI, J. C. SHAH, J. R. MUDHOLKAR, K. N. WANCHOO, P. B. GAJENDRAGADKAR
Joint Chief Controller Of Imports And Exports, Madras (In All The Appeals) – Appellant
Versus
Aminchand Mutha – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.B.DOLIA, B.R.DOLIA, C.K.DAFTARY, D.P.Singh, E.C.AGARWAL, K.P.R.SHANKAR DASS, LILY ISABLE THOMAS, M.R.RAMAMURTHY, P.C.AGRAWAL, R.H.Dhebar, R.K.GARG, R.N.SACH, S.BALAKRISHNAN, S.C.AGRAWAL

Judgement

WANCHOO, J.: These eight appeals by special leave against the judgment of the Madras High Court raise a common question of law and will be dealt with together. It will be enough if we give the facts of one case (Jt. Chief Controller v. Amin Chand Mutha-C. A. 60/1965), for the facts in the other cases are more or less similar. It appears that there was a partnership firm known as Nainmull Juthmull. This firm had a quota for import of certain things, as it was an "established importer". Established importers used to be given quotas every year and thereafter licences used to be issued to such importers on the basis of the quota allotted to them. The quota was not inheritable or transferable, but under certain circumstances to which we shall refer later it could be divided between partners where the quota holder was a firm. The firm in the present case had three partners, namely. Amin Chand Mutha, Nainmull Nathumull and Juthmull Mutha. On January 1, 1957, the firm was dissolved. Consequently in accordance with the instructions contained in what is known as the Red Book, application was made on March 25, 1957 by one of the partners (Amin Chand Mutha) for the grant of a licence




















































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