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1951 Supreme(Cal) 53

BOSE
SOORAJMULL NAGARMULL – Appellant
Versus
ASST. CONTROLLER OF CUSTOMS – Respondent


Advocates Appeared:
B.DAS, E.R.Meyer, H.N.SANYAL, S.M.BOSE

BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution and under Clauses 4 and 21 of the Charter for Writs in the nature of Mandamus, Prohibition and Certiorari and also under section 45 of the Specific Relief Act for a direction on the Respondents prohibiting them from exercising jurisdiction to call upon the production of an import licence other than the licence already produced and from taking steps in enforcing the bond dated the 28th of March 1950 or from recovering a sum of Rs. 4,65,473/12/- and also for a. direction for withdrawal of the illegal demand and for refund of a sum of Rs. 75,925,/14/- illegally realised by way of extra duty and for certain other directions.

( 2 ) ON the 30th December 1949 the petitioner bought from Tiona Petroleum Co. of Philadelphia, U. Section A. , 7215 drums of pale spindle oil which is a lubricating oil and is used for lubrication alone. The said drums were imported into India by the petitioner under two invoices both dated the 30th September 1949, one for 6500 drums and the other for 715 drums. Both the said invoices described the goods thereby covered as 'spindle Oil' for lubrication not being a white spindle oil or a









































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