K. SUBBA RAO, N. RAJAGOPALA AYYANGAR, J. R. MUDHOLKAR, B. P. SINHA, T. L. VENKATARAMA AYYAR
Daya – Appellant
Versus
Joint Chief Controller Of Imports And Exports – Respondent
AYYANGAR J. : (B. P. Sinha C.J.I., Rajagopala Ayyangar and Mudholkar JJ. agreeing)
(1) THIS appeal comes before us by virtue of a certificate, of fitness granted by the Nagpur bench of the High court of Bombay under Arts. 132(i) and 133(1)(c) of the Constitution. It arises out of a petition filled by the appellant under Art. 226 of the Constitution before the High court of Bombay at Nagpur impugning the constitutional validity of certain notifications and directions issued under the Imports and Exports (Control) Act, 1947, and the Export Control Order, 1958, framed thereunder and substantially prayed that the Joint Chief Controller of Imports & Exports, Bombay impleaded as the first respondent should be directed to consider the application of the appellant for the grant of a licence to enable him to export certain manganese ore which he had won from his mines, without reference to the impugned notifications. This petition was dismissed by the learned Judges of the High court who, however, granted the appellant is certificate which has enabled him to file this appeal.
(2) A few facts are necessary to be stated to appreciate the exact, grievance of the pe
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