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april 1962

Supreme Court of India · 1962-04-11

DR. INDRAMANI PYARELAL GUPTA vs W. R. NATHU AND OTHERS.

Citation / case number
SC 1957/60180
Court
Supreme Court of India
Petitioner
DR. INDRAMANI PYARELAL GUPTA
Respondent
W. R. NATHU AND OTHERS.
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court upheld the validity of the amended bye-law 52AA under the Forward Contracts (Regulation) Act, 1952, specifically sections 4 and 12, which empowered the Forward Markets Commission to close out hedge contracts, including existing ones. The Court ruled that the bye-law was not ultra vires the Central Government and could operate retrospectively, as there were no limitations on the powers conferred to the Commission under the Act. The holding affirmed the Commission's authority to regulate forward trading in goods, thereby validating the closure of contracts amidst market crises.

DR. INDRAMANI PYARELAL GUPTA vs W. R. NATHU AND OTHERS. · Niyam