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1987 Supreme(Cal) 103

M.R.Mallick
B. Majumder – Appellant
Versus
Bally Jute Co. – Respondent


Advocates:
Advocate Appeared:
Dilip Dutta, S.N.De, Samar Banerji

JUDGMENT

1. THIS revisional petition is directed against the order no. 18 dated 3uly 30, 1983 passed by metropolitan Magistrate 8th Court, "calcutta in case no. C/1631 of 1982 under section 11 (1) read with section 12 of the Export (Quality control and Inspection) Act, 1963 (hereinafter referred to as the said act).

2. THE facts are briefly as follows : -The accused opposite party submitted the application for obtaining a certificate of inspection for 95 bales hessian cloth to the sub-office at Howrah of the Export Inspection Agency, Calcutta on november, 6, 1980 The accused opposite party has declared the technical requirements including specifications stipulated in the export contract of the materials of Hessian Cloth 45"-12 OZ/40 plain 11x12 (cropped and calendered) 1000 metres/bales against serial no. 2 of the above intimation. On basis of the said application giving particulars the agency had issued the export worthy certificate on November 7, 1980 under section 7 of the said Act, on the Mill declaration in the aforesaid application for certificate to the effect that the consignment has been manufactured/proposed to satisfy the conditions relating to quality control under the s







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