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1960 Supreme(Cal) 191

D.N.SINHA
T. D. KUMAR AND BROS. PRIVATE LTD. – Appellant
Versus
IRON AND STEEL CONTROLLER AND ORS. – Respondent


D. N. SINHA, J.

( 1 ) THE facts in this case are shortly as follows: The petitioner company carries on business in iron and steel materials. It is a well known business house in Calcutta, and has been carrying on business since 1940, having been incorporated as a company in 1923. Ever since the inception of statutory control of the distribution of Iron and Steel in 1941, the petitioner company has been registered as a stock-holder under the Iron and Steel Control Orders. The petitioner company had also been appointed as a 'controlled Stockholder', but in this application we are not concerned with that aspect of the matter. In this case we are concerned with events which occurred in 1957. At that time, the Iron and Steel (Control) Order, 1956, promulgated in exercise of powers conferred by the Central Government by Section 3 of the Essential Commodities Act, 1955 was in operation. This order superseded the Iron and Steel (Control of Production and Distribution) Order, 1941 and the Iron and Steel (Scrap Control) Order, 1943. Before I proceed further, it is necessary to consider some of the provisions of the Iron and Steel (Control) Order, 1956 (hereinafter referred to as the 'contro

























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