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january 1971

Supreme Court of India · 1971-01-28

UNION OF INDIA vs TARACHAND GUPTA & BROS.

Citation / case number
SC 1967/42
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
TARACHAND GUPTA & BROS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that under Clause 3 of the Imports (Control) Order, 1955, and Section 3 of the Imports and Exports (Control) Act, 1947, the mere fact that imported goods could be assembled into motor-cycles and scooters in C.K.D. condition does not constitute a breach of the license under Entry 295. The Court clarified that the restriction on importing motor-cycles and scooters in C.K.D. condition applies only to those holding a license under Entry 294, which permits complete and assembled imports. The appeal was allowed, overturning the lower court's dismissal of the suit based on time limitation and prior case law.

UNION OF INDIA vs TARACHAND GUPTA & BROS. · Niyam