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BIVAS PATTANAYAK
Ambica Jute Mills Ltd. – Appellant
Versus
Jute Commissioner – Respondent
| Table of Content |
|---|
| 1. writ petition for cancellation of jute control order. (Para 1 , 2) |
| 2. respondents contesting order compliance and necessity. (Para 3) |
| 3. arguments regarding compliance with jute orders. (Para 4 , 5 , 6) |
| 4. court's examination of order execution. (Para 7 , 10) |
| 5. court analyzes compliance with orders. (Para 11) |
| 6. evaluation of alleged stock violations. (Para 12) |
| 7. validity of alleged violations questioned. (Para 18) |
| 8. criteria for quashing fir based on no contravention. (Para 21 , 23) |
| 9. conclusion leads to quashing of the fir. (Para 22 , 24) |
| 10. decision to quash fir and allow recovery application. (Para 26 , 27 , 28) |
JUDGMENT :
Bivas Pattanayak, J.
1. By the present writ petition, the petitioners have prayed for cancellation, rescission, withdrawal and/or revocation of letter No. Jute (Mktg)/106/2015/ dated 4th February, 2016 issued by respondent no.2, Deputy Jute Commissioner, Office of the Jute Commissioner, Ministry of Textiles, Government of India and not to take any further action of the complaint/FIR lodged by respondent nos. 1 to 3 with the respondent no.6, Officer-in-Charge, Belur Police Station, Howrah being Belur P.S. Case No. 28/2016 dated 16th February, 2016
The absence of evidence for contravention of essential commodity regulations leads to quashing of enforcement actions, reaffirming protection against wrongful allegations.
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....
Cause of action if a continuous one in nature, complaint cannot be barred on ground of limitation.”
Absence of reasoning as to the mandatory requirement of provision which conferred jurisdiction on the quasi judicial authority or a Court or administrative authority is mandatory. In the absence of r....
The principles of natural justice must be strictly adhered to in quasi-judicial proceedings; failure to do so renders punitive actions void.
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