OSWAL WOOLLEN MILLS LTD. & ANR. versus UNION OF INDIA & ORS.

OSWAL WOOLLEN MILLS LTD. & ANR. versus UNION OF INDIA & ORS.

The office circular dated 31-8-1981 imposed a restriction not found in paragraph 138(1) of Import Policy 1981-82 and was invalid; Trading Houses, as transferees of Replenishment Licences, are entitled to import under the licence without the additional restriction imposed by the circular.

Parties
Appellant/petitioner: Oswal Woollen Mills Ltd.; Respondent: Union of India; Respondent: Deputy Chief Controller of Imports and Exports, Amritsar; Respondent: Joint Chief Controller of Imports and Exports, New Delhi
Jurisdiction
India
Judgment Date
11 July 1983
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Appellate Decision After High Court Dismissal
Outcome
Appeal and Writ Petition allowed
Legal Topics
Import Policy, Replenishment Licence (rep), Transfer of Licences, Validity of Administrative Circulars
Administrative Law Trade Law Import Policy Replenishment Licence (rep) Transfer of Licences Validity of Administrative Circulars

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Parties

Oswal Woollen Mills Ltd.

Appellant/petitioner

Union of India

Respondent

Deputy Chief Controller of Imports and Exports, Amritsar

Respondent

Joint Chief Controller of Imports and Exports, New Delhi

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Appellate Decision After High Court Dismissal

Legal Issues

  1. 1 Whether the endorsement on a transferred Replenishment Licence could be refused on the ground that it was not issued against export of transferee's own products
  2. 2 Whether the office circular dated 31-8-1981 changing the Import Policy was valid

Ratio Decidendi

The office circular dated 31-8-1981 imposed a restriction not found in paragraph 138(1) of Import Policy 1981-82 and was invalid; Trading Houses, as transferees of Replenishment Licences, are entitled to import under the licence without the additional restriction imposed by the circular.

Court Disposition

Appeal and Writ Petition allowed

Orders

  • Circular dated 31-8-1981 quashed as ultra vires and void
  • Respondents directed to withdraw order dated 7-12-1981 refusing endorsement