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BOMBAY HIGH COURT
K. K. Desai, J.
Pioneer Scrap Traders and Exporters (M/s) v. Lt. Col. O. G. Eapen
| Table of Content |
|---|
| 1. challenge to licensing conditions imposed for export. (Para 1 , 2 , 3) |
| 2. argument against mandatory supply of local goods. (Para 5) |
| 3. court's discussion on jurisdiction of licensing authority. (Para 7) |
| 4. court's ruling on illegality of conditions imposed. (Para 9) |
| 5. final decision to allow the petition. (Para 10) |
1. This is a petition under Art. 226 of the Constitution challenging the legality of the conditions imposed in a licence dated September 4, 1961, and an allotment order also dated September 4, 1961, as also directions in a letter dated October 20, 1961, copies of which licence, order and letter are annexed to the petition. The relevant facts are as follows :
2. The petitioners are a partnership firm carrying on business, inter alia, of export of ferrous scrap from India to foreign countries. The Petitioners had in fact in connection with export of ferrous scrap prior to the date of the above stated licence obtained several licences for export of ferrous scrap. By an application for licence dated August 29, 1961, (copy whereof is annexed as Ex. 9 to the affidavit of M. M. Solanki in reply dated January 15, 1962), the Petitioners applied for exporting 300 to
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