K.K.MATHEW, A.N.RAY
J. Fernandes And Company – Appellant
Versus
Deputy Chief Controller Of Imports And Exports – Respondent
Judgment
RAY, C. J.: This writ petition is for a mandamus directing the respondents to cancel four orders mentioned in the petition and to issue quota certificate to the petitioners in respect of their past imports.
2. The petitioners are a partnership firm. The petitioners are successors to J. Fernandes & Company of which Josinho Fernandes was the sole proprietor, hereinafter referred to as the original concern.
3. In the month of October, 1961 the original concern booked orders for purchase of Surveying & Mathematical Instruments and Surgical & Scientific Instruments with a German firm. The orders were accepted by the German firm, as will appear from the letter dated 7 November. 1961.
4. On 19/20 December, 1961 Goa was liberated. Prior to the liberation of Goa import licences were granted to the citizens of Goa by a Government Department known as "Junta do Comercio Externo" which means the Board of External Trade. The original concern is alleged to be an importer registered with the Junta prior to the month of December, 1961. After the liberation of Goa the representatives of Goa Chamber of Commerce and Industry saw the Administrator of Goa with regard to applications for import. On
relied on : State of Punjab v. Jagdip Singh
Bhatnagars and Co. Ltd. v. Union of India
State of JandK v. Mir Gulam Rasul
Madanlal Arora v. Excise and Taxation Officer
K.T.Moopil Nair v. State of Kerala
explained : Andhra Industrial Warks v. Chief Controller of Imports
followed : Shamsher Singh v. State of Punjab
followed : Gulabdas and Co. v. Assistant Collector of Customs
referred to : Smt. Ujjam Bai v. State of U.P.
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