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1987 Supreme(SC) 428

SABYASACHI MUKHARJEE, RANGANATH MISRA, R. S. PATHAK
D. Navtnchandra And Company. , Bombay – Appellant
Versus
Union Of India – Respondent


Judgement

SABYASACHI MUKHARJI, J.:- Writ Petition No. 1483 of 1986 is directed against the Show Cause Notices dated 21st August, 1986, 11th September, 1986 and 26th September, 1986 issued to the petitioners Messrs D. Navinchandra & Company, a partnership firm and Dilipkumar Dalpatlal Mehta, a partner of the said firm. In order to appreciate this challenge, it is necessary to refer to certain facts. This petition raises the question of the rights of the petitioners and other diamond exporters who were entitled to Export House Certificates and additional licences under import policy of 1978-79 and who were granted the same pursuant to the judgment and order of this Court dated 18th April, 1985. As we shall explain later, there is no conflict with this decision of a Bench which consisted of a Bench of three Judges and the subsequent decisions of this Court which we shall presently refer. It is necessary also that in order to make out a case, the petitioners have sought to emphasise on the point that the decision dated 18th April, 1985 was a decision of three learned Judges, in order to spin out a case of some sort of conflict with this decision and certain subsequent decisions of this






























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