DUNCAN INDUSTRIES LTD Vs. UNION OF INDIA
LAWS(SC)-2006-2-79
SUPREME COURT OF INDIA
Decided on February 10,2006

DUNCAN INDUSTRIES LTD. Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

AMBUJA CEMENTS LTD. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2014-12-77] [REFERRED TO]
ORISSA CHROME EXPORT AND MINING VS. ORISSA MINING CORPORATION LTD [LAWS(ORI)-2006-12-13] [REFERRED TO]
FERTILISER ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(DLH)-2015-1-14] [REFERRED TO]
VINDHYACHAL DISTILLERIES PVT VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-2-70] [REFERRED TO]
VANDANA GUPTA VS. STATE OF U P [LAWS(ALL)-2011-4-152] [REFERRED TO]
KAMAL KISHORE VS. STATE OF PUNJAB [LAWS(P&H)-2007-1-76] [REFERRED TO]
RASHTRIYA CHEMICAL AND FERTILIZERS LTD VS. GENERAL EMPLOYEES ASSOCIATION [LAWS(SC)-2007-4-117] [REFERRED TO]
PADMAVATHI MODERN RICE MILL REP BY ITS PROPRIETOR B GANGATHARAN VS. GOVERNMENT OF PUDUCHERRY REP BY ITS JOINT SECRETARY [LAWS(MAD)-2012-7-129] [REFERRED TO]
T BHAJRANG VS. GOVERNMENT OF A P [LAWS(APH)-2008-9-94] [REFERRED TO]
SARANJEET SINGH VS. GENERAL MANAGER U P S O INDIAN OIL LTD [LAWS(ALL)-2006-3-43] [REFERRED TO]
VIJAY ANANT VASHIRDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-5-46] [REFERRED TO]
SARANJEET SINGH VS. GENERAL MANAGER, U.P.S.O. INDIAN OIL LTD. AND ORS. [LAWS(UTN)-2006-3-59] [REFERRED TO]
FERTILISER ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(DLH)-2015-3-125] [REFERRED TO]


JUDGEMENT

Srikrishna, J. - (1.)Delay condoned in the Special Leave Petition arising out of CC No. 12164 of 2004. Leave granted in both the Special Leave Petitions.
(2.)The question to be answered in this case : is whether the scheme of subsidies (known as the "Retention Price Scheme" granted by the Respondent-Union of India (hereinafter "the Government") to fertilizer manufacturers, could be retrospectively modified to the detriment of these manufacturers. In our view, this question needs to be answered in the affirmative. The Retention Price Scheme
(3.)M/s. Duncan Industries Ltd. (hereinafter "the First Appellant") is engaged in the business of manufacturing and selling urea (a fertilizer). In 1993, the First Appellant acquired the urea plant of M/s. Indian Explosives Ltd. (a unit of ICI India Ltd.). The Second Appellant is a shareholder in the First Appellant-Company (hereinafter, collectively "the appellants").


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