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1988 Supreme(Del) 33

YOGESHWAR DAYAL, G.C.JAIN
EXPORTOS INDIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.SEN GUPTA, G.E.VAHANVATI, G.RAMASVAMY, K.C.AGARWALA, KRISHNAMURTHI SWAMI, L.M.Sanghvi, MANINDER SINGH, Sat Pal

Yogeshwar Dayal, C. J

( 1 ) BY this petition under Article 226 of the Constitution of India the petitioners seek a writ in the nature of certiorari quashing the public notice No. 29etc (PN)/87 dated 15th October, 1987 (Annexure 7); circular No. OT/eec-USA/pol/cir/e[294l87 dated 30th October, 1987 (Annesure 8); circular No. OT/eecusa/pol/cir/e/314187 dated 19th November, 1987 (Annexure 9) and the communication dated 8th December, 1987 (Annexure 12) and seeking an order directing the respondents to issue export certificates to the petitioners against the petitioners commitments to export cotton yarn to USA and restraining the respondents from preventing such exports. We had dismissed the petition on 14th January, 198s by a short order. Now we give reasons in support of that order.

( 2 ) THE dispute is about the petitioners right to export cotton yarn to USA against specific orders entered between the period 23-6-87 to 28-8-87.

( 3 ) BY virtue of the provisions contained in Section 3 of the Import and Export (Control) Act, 1947 Central Government is competent to prohibit, restrain, or otherwise control the export of goods by order published in official gazette. In exercise of these p











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