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1976 Supreme(SC) 233

A. N. RAY, JASWANT SINGH, M. H. BEG
State of A. P. – Appellant
Versus
Bathu Prakasa Rao – Respondent


Advocates:
B.PARTHASARTHY, NIREN DEY, P.P.Rao, P.RAM REDDY, R.K.DESHPANDE, S.V.Gupta, Sachin Chandra Chawdhury, T.RAMAN

JUDGMENT

BEG, J. :— These appeals, by special leave, raise an apparently simple question which appears to be essentially one of act. But, as the real question to be answered was not correctly posed before itself by the High Court of Andhra Pradesh, it misdirected itself as to what was to be really decided by it and also how it should be decided according to rules of ordinary logic as well as law. Ordinarily, this Court does not interfere with findings of fact. But, where the errors or logic as well as law, discussed below appear to us to be gross and to have occasioned a miscarriage of justice, we are constrained to interfere.

2. The crucial question to be decided may be put as follows : What did the respondents understand when they obtained permits for the despatch of "broken rice (raw, boiled)" shown in their export permits?

3. If the respondents understood what their permits meant they could not, under the guise of these permits, transport any other kind of rice. it was their duty to abide by the terms of their permits, and to show, when proceeded against, that they did so.

4. Each permit shows : quantity permitted to be sent; the duration of the validity of the permit; the name of






























































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