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1977 Supreme(SC) 61

P.K.GOSWAMI, P.N.SHINGHAL, Y.V.CHANDRACHUD
Rangaswami, The Textile Commissioner: Textile Commissioner Of The Government Of India – Appellant
Versus
Sagar Textile Mills (Private) LTD. : Jagdish Process Private LTD. – Respondent


Advocates:
A.K.SRIVASTAVA, F.N.Ganpule, GIRISH CHANDRA, M.TARKUNDE, P.C.KAPUR, S.M.PRASAD, V.M.TARKUNDE, V.N.GANPULE, V.P.Raman, VINIT KUMAR

Judgment

Y. V. CHANDRACHUD, J.- Under the power conferred by S.3 of the Essential supplies (Temporary Powers) Act, 1946, the Central Government issued an Order called "The Cotton Textiles (Control) Order, 1948." Clause 20 of that Order, as amended, reads thus:-

"20 (1) The Textile Commissioner may from time to time issue directions in writing to any manufacturer or class of manufacturers or the manufacturers generally regarding the classes or specifications of cloth or yarn, and the maximum or the minimum quantities thereof, which they shall or shall not produce during such periods as may be specified in the directions, and they shall comply with such directions.

20 (2) In the exercise of the powers conferred upon him by sub-clause (1) the Textile Commissioner shall have regard to the capacity of the producer to produce cloth and yarn of different descriptions or specifications and to the needs of the general public."

The question for our determination in these appeals is whether, if the Textile Commissioner decides to issue appropriate directions to any manufacturer or class of manufacturers, it is obligatory upon him to specify therein the period for which the directions will remain






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