M/S. RAMCHAND JAGDISH CHAND versus UNION OF INDIA AND OTHERS

M/S. RAMCHAND JAGDISH CHAND versus UNION OF INDIA AND OTHERS

The Controller of Imports was under no enforceable obligation to grant import licences equivalent to the full export value, as the power under the Export Promotion Scheme and Import Trade Control Policy was discretionary. Petitioners failed to prove discrimination or unreasonable restriction. Reduction of licence value based on verification and suspicion of inflation or malpractice did not amount to arbitrary or discriminatory action. The petition was accordingly dismissed.

Parties
Petitioner: M/s. Ramchand Jagadish Chand; Respondent: Union of India; Respondent: Others
Jurisdiction
India
Judgment Date
08 August 1961
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Supreme Court Final Decision
Outcome
Petition dismissed with costs.
Legal Topics
Export Promotion Scheme, Import Licences, Reasonable Restriction, Discrimination, Fundamental Rights, Article 19(1)(g), Article 14, Article 226, Import Trade Control Policy, Licensing Authority
Constitutional Law Administrative Law Trade and Commerce Export Promotion Scheme Import Licences Reasonable Restriction Discrimination Fundamental Rights +5 more

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Parties

M/s. Ramchand Jagadish Chand

Petitioner

Union of India

Respondent

Others

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Supreme Court Final Decision

Legal Issues

  1. 1 Whether refusal to grant import licence for the full value of goods exported amounted to violation of fundamental rights under Article 19(1)(g).
  2. 2 Whether the action of the Controller of Imports and Exports was arbitrary or discriminatory in breach of Article 14.
  3. 3 Whether there was any enforceable obligation on the authority to issue licences for full export value.

Ratio Decidendi

The Controller of Imports was under no enforceable obligation to grant import licences equivalent to the full export value, as the power under the Export Promotion Scheme and Import Trade Control Policy was discretionary. Petitioners failed to prove discrimination or unreasonable restriction. Reduction of licence value based on verification and suspicion of inflation or malpractice did not amount to arbitrary or discriminatory action. The petition was accordingly dismissed.

Court Disposition

Petition dismissed with costs.

Orders

  • Dismissal of the writ petition.
  • Application for intervention dismissed.