Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1970 (10) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1970 (10) TMI 85 - SC - Indian Laws

Issues:
- Validity of the ban on export of maize from the State of Haryana
- Competency of the State Government to lift the ban
- Legality of the export of maize to Howrah, West Bengal
- Authority of railway authorities to withhold delivery of the goods
- Impact of pending criminal proceedings on the writ petitions

Analysis:
The appellants sought writs from the High Court of Delhi under Article 226 of the Constitution to compel the Union of India to release consignments of maize exported from Haryana to Howrah, West Bengal in October 1967. The State of Haryana had initially controlled maize movements under the Essential Commodities Act, but allegedly lifted export restrictions in October 1967. However, the Union contended that the ban was not lifted by the State of Haryana and the export was illegal, justifying the railway authorities' refusal to deliver the goods.

The main issues before the High Court were whether the ban on export was validly lifted by the State Government and if it had the authority to do so. The High Court, after hearing arguments, rejected the writ petitions due to pending criminal proceedings in West Bengal, which it deemed inappropriate for the High Court to address. However, the Supreme Court held that the High Court erred in this conclusion as the civil court decisions are binding on criminal courts, not vice versa. The validity of the export in question would determine the legality of the actions taken by the authorities.

The Supreme Court allowed the appeals, set aside the previous orders, and remitted the cases to the High Court for a decision on merits. The Court emphasized that the presence of West Bengal or the penal authorities was not necessary for resolving the controversy between the parties. The High Court was instructed to dispose of the cases promptly, and the costs of the appeals were to be included in the overall costs of the case.

 

 

 

 

Quick Updates:Latest Updates