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july 1965

Supreme Court of India · 1965-07-21

JOINT CHIEF CONTROLLER OF IMPORTS AND EXPORTS, MADRAS vs M/S. AMINCHAND MUTHA ETC.

Citation / case number
SC 1965/90
Court
Supreme Court of India
Petitioner
JOINT CHIEF CONTROLLER OF IMPORTS AND EXPORTS, MADRAS
Respondent
M/S. AMINCHAND MUTHA ETC.
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,MUDHOLKARR.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,MUDHOLKAR, J.R.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 3 of the Imports and Exports (Control) Act, 1947, the Central Government has the authority to regulate imports through licensing. The Court clarified that the licensing authority must adhere to the administrative instructions regarding quota rights, specifically Instruction 71, which governs the division of quotas among partners upon dissolution of a firm. The Court upheld the High Court's decision, ruling that the respondent was entitled to a licence as the Chief Controller's approval of quota division was a prerequisite for the licensing authority's action, and the delay in approval did not negate the respondent's rights.

JOINT CHIEF CONTROLLER OF IMPORTS AND EXPORTS, MADRAS vs M/S. AMINCHAND MUTHA ETC. · Niyam