AMRITA SINHA
Indian Jute Mills Association – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner no. 1, the Indian Jute Mills Association, is a Company incorporated under the provisions of the Companies Act, 1956 represented by the petitioner no 2, being its Secretary. The petitioner no. 1 has thirty-six members and each member represents one jute mill. The Company was incorporated with the object of promoting and looking after the welfare and interest of the jute industry.
2. The petitioners are aggrieved by the Notification dated 30th September, 2021 published by the Jute Commissioner, Ministry of Textiles, in the Gazette of India, Extraordinary whereby the Jute Commissioner fixed the reasonable price of jute in all forms to be in force until 30th June, 2022 or until further orders whichever is earlier.
3. The said notification was published in exercise of the powers conferred under Clause 3 (3) of the Jute and Jute Textiles Control Order, 2016, herein after referred to as the ‘Control Order, 2016’.
4. The Notification mentions that no dealer, trader, agency or supplier or any other person shall sell or offer to sell any person or agency and no person, agency or company shall offer to purchase or purchase any raw jute at a price exceeding the reasona
The main legal point established in the judgment is the statutory duty and obligation of the Jute Commissioner to fix the price of raw jute after considering relevant factors and to adopt necessary m....
Allegations of order violations must be substantiated by evidence; unsupported claims cannot sustain penal actions under the Essential Commodities Act.
The absence of evidence for contravention of essential commodity regulations leads to quashing of enforcement actions, reaffirming protection against wrongful allegations.
The court held that price fixation under the Ordinance was valid, with proper jurisdictions and procedures followed in its execution.
Cause of action if a continuous one in nature, complaint cannot be barred on ground of limitation.”
The fixation of sugarcane prices must consider the current year's production costs and not rely on previous seasons' recoveries, ensuring proper stakeholder consultation.
Government's fixation of royalty rates based on ecological and economic factors is valid, highlighting limited judicial intervention in administrative price settings.
The main legal point established in the judgment is that the State lacked the statutory basis to levy an Advisory Price over and above the minimum price fixed by the Central Act, and the enactment of....
Fixation of price by the State for the Oil Palm Fresh Fruit Bunches (FFB) from which palm oil is extracted - price fixation is a purely legislative function and that the Court with its limited techni....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.