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1972 Supreme(All) 199

Allahbad High Court
SATISHCHANDRA,N.D.OJHA
Union of India - Appellant
Versus
The Bullion and Agricultural Produce Exchange Ltd. - Respondent
Decided On : 09/01/1972

Advocates:
T.N. Sapru, for Appellants; K.C. Agarwal, for Respondent.

Headnote:

{'KEYWORD': 'FORWARD CONTRACTS REGULATION ACT', 'SUBJECT': 'POWER OF FORWARD MARKETS COMMISSION TO SPECIFY COMMODITIES FOR FORWARD TRADING', 'ACT SECTION LIST': ['SECTION 3', 'SECTION 4', 'SECTION 4-A', 'SECTION 6', 'SECTION 14-A', 'SECTION 15', 'SECTION 17', 'SECTION 18', 'SECTION 19', 'SECTION 28']}

Fact of the Case:

The Bullion and Agricultural Produce Exchange Limited, the respondent, is a public limited company that carried on the business of regulating and controlling forward contracts in various goods. The Forward Markets Commission, appellant No. 2, issued a registration certificate to the respondent showing that the respondent was entitled to carry on business in Arhar-ki-chooni. One of the conditions mentioned in the certificate was that the respondent shall not conduct forward trading in any commodity other than those specified thereunder except with the previous approval of the Forward Markets Commission. The respondent, however, ignored this directive and continued its business in ground-nut oil. The Commission felt that the respondent had violated the conditions of the certificate of registration and was liable to be prosecuted under Sections 20 and 21 of the Forward Contracts Act. Apprehending this, the respondent company instituted a writ petition in the High Court.

Finding of the Court:

The Court held that the Forward Markets Commission had the power to specify the commodities in the certificate of registration and to require the association not to conduct forward trading in any other commodity except with the previous approval of the Commission. The Court found that this power was conferred by Section 4 (f) read with the rules, and that it was not contra-indicated by Section 14-A (1) of the Act. The Court also held that the condition No. 2 mentioned in the certificate of registration of the respondent company was valid and that the directive issued by the Commission on June 2, 1964, was within its powers.

Issues: Whether the Forward Markets Commission had the power to specify the commodities in the certificate of registration and to require the association not to conduct forward trading in any other commodity except with the previous approval of the Commission.

Ratio Decidendi: The Court held that the Forward Markets Commission had the power to specify the commodities in the certificate of registration and to require the association not to conduct forward trading in any other commodity except with the previous approval of the Commission. The Court found that this power was conferred by Section 4 (f) read with the rules, and that it was not contra-indicated by Section 14-A (1) of the Act. The Court also held that the condition No. 2 mentioned in the certificate of registration of the respondent company was valid and that the directive issued by the Commission on June 2, 1964, was within its powers.

Final Decision: The appeal was allowed, the judgment of the learned Single Judge was set aside, and the writ petition was dismissed with costs.

Judgement

SATISH CHANDRA, J. :- This appeal raises an important question as to the powers possessed by the Forward Markets Commission, appellant No. 2.

2. The Bullion and Agricultural Produce Exchange Limited, the respondent, is a public limited company. It carried on the business of regulating and controlling forward contracts in various goods. The respondent made an application to the Forward Markets Commission for being registered under the Forward Contracts (Regulation) Act, No. 72 of 1952, on 15-12-1962. The Commission issued a registration certificate to the respondent showing that the respondent was entitled to carry on business in Arhar-ki-chooni. One of the conditions mentioned in the certificate was that the respondent shall not conduct forward trading in any commodity other than those specified thereunder except with the previous approval of the Forward Markets Commission. The respondent was, however, content with this condition and it permitted its members to do the business of forward trading in Arhar-ki-chooni only. On June 1, 1964, the Central Government issued a notification under section 17 (1) of the Forward Contracts (Regulation) Act the effect of which was that trading in Arhar-ki-chooni was prohibited. The respondent thereupon discontinued trading in this commodity. At that time forward contracts in linseed oil was permissible. The respondent company permitted its members to trade in linseed oil. On 24th December, 1964, forward trading in linseed oil was also prohibited. At this time groundnut oil was not a prohibited commodity. So, the respondent commenced business in groundnut oil.

3. Meanwhile, on June 2, 1964, the Forward Markets Commission had issued a directive to the respondent company not to trade in non-transferable specific delivery contracts in any commodity without the prior approval in writing of the Commission. This apparently was a reminder to the respondent company of the conditions contained in the certificate of registration. The respondent, however, ignored this directive and continued its business in ground-nut oil. The Commission felt that the respondent had violated the conditions of the certificate of registration and was liable to be prosecuted under Sections 20 and 21 of the Forward Contracts Act. Apprehending this, the respondent company instituted a writ petition in this Court. The principal point urged in it was that the commission had no power to require a registered association to obtain the Commission's prior permission before permitting its members to carry on forward trading in non-transferable specific delivery contracts in a commodity like groundnut oil, the forward trading in which was not prohibited under Chapter IV of the Act, even though such a commodity was not mentioned in the certificate of registration.

4. A learned Single Judge held that Section 14-A (1) prohibits an association concerned with regulation and control of business relating to forward contracts in carrying on such business except under and in accordance with the conditions of a certificate of registration. It was observed :

"The conditions must be such as are related to the carrying on of the business. It is under those conditions and in accordance with them that the business must be carried on. It is the conduct of the business, and the manner of its conducting it, to which reference is made here. It is not contemplated that business shall be carried on relating to forward contracts only in respect of certain commodities and no other. That would not relate to the conduct of the business or the manner of its being carried on. That would imply the curtailment of the business, the business being confined in relation to specific commodities only, and no business being permissible in relation to other commodities."

It was held that Section 14-A (1) does not empower the Commission to prevent a registered association from carrying on its business in any commodity without its prior approval.

5. The learned Judge











































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