A.K.SENGUPTA, NURE ALAM CHOWDHURY
KALINDI WOOLLEN MILLS (P) LTD. – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS appeal is directed against the judgment and order passed by a learned Single Judge of this Court on 28th July, 1990 dismissing the writ application filed by the appellants herein challenging the validity and/or legality of a public notice bearing No. 122-ITC (PN)/88-91 dated 26th April, 1989 issued by the Ministry of Commerce, Government of India, New Delhi, and an Import Trade Control Order No. 52/88-91 dated 28th April, 1989 issued by the Ministry of Commerce, Government of India.
( 2 ) THE facts giving rise to the instant appeal are as under : the appellant company has a factory at village Dhoom Manikpur, in the District of Ghaziabad in the State of Uttar Pradesh and the principal raw-materials required for running the said factory by the appellants is rags both woollen and synthetic as well as shoddy wool. Since, these raw-materials are in short supply in this country, these are allowed to be imported under the Open General Licence Scheme of the Government of India contained in the Import Policy 1988-91 subject to the conditions imposed regarding, inter alia, importation through canalising agency and/or importation under specific licences grant
REFERRED TO : Hoare Miller and Company v. Assistant Collector of Customs
Assistant Collector of Customs for Exports, Calcutta and Ors. v. Hoare Miller and Co. Ltd.
Abdul Aziz v. State of Maharashtra
Vrajlal Manilal and Co. and Anr. v. State of Madhya Pradesh and Ors.
cf. Saghir Ahmad v. State of U.P.
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