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1953 Supreme(Cal) 15

SARMA SARKAR, DAS GUPTA, CHAKRABARTI
ALBION JUTE MILLS CO. LTD. – Appellant
Versus
JUTE AND GUNNY BROKERS LTD. – Respondent


Advocates Appeared:
A.C.MITRA, D.C.SETHIA, P.GINWALLA, S.CHAUDHARY

CHAKRAVARTTI, C. J.

( 1 ) THIS is a reference under Chap. 5, Rule 2, Rules of the Original Side, by Bachawat J. of an application made to him, praying that a certain award be declared null and void or, alternatively, that the validity and existence of the contract to which the award related, be adjudged and determined and that the award be set aside. The learned Judge thought that the questions raised before him were such that they might be dealt with more advantageously by a larger Bench, particularly in view of the fact that no appeal would lie from his decision on those questions. He thought further that the whole application might be dealt with by the larger Bench, because on the remaining questions too, the parties had agreed to proceed only on the affidavits.

( 2 ) THE facts are simple, but in order to set out intelligibly the questions of law which have arisen out of them, it is necessary to refer first to the relevant provisions of law and their history.

( 3 ) IN 1950, the West Bengal Legislature passed an Act, called the West Bengal Jute (Control of Prices) Act, which was directed as regulating prices of jute and empowered the Government to fix maximum prices by notific
















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