R D AGGARWALA Vs. UNION OF INDIA
LAWS(DLH)-1974-5-24
HIGH COURT OF DELHI
Decided on
May 06,1974
R.D.AGGARWAL
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
LOWER MAINLAND DAIRY PRODUCTS SALES ADJUSTMENT COMMITTEE V. CRYSTAL DAIRY,LIMITED [REFERRED TO]STATE OF MADRAS V. NATARAJA MUDALIAR [REFERRED TO]
UNION OF INDIA AND ANOTHER V. P. K. ROY AND OTHERS [REFERRED TO]
VIVIAN JOSEPH V. THE MUNICIPAL CORPORATION [REFERRED TO]
GIRIJANDA CHAUDHURY V. STATE OF ASSAM AND OTHER [REFERRED TO]
P. J. JOSPEH,PROPRIETOR,FOREIGN LIQUORS EMAKULAM V. ASSISTANT EXCISE COMMISSIONER,EMAKULAM,AND OTHERS [REFERRED TO]
MAHARASHTRA STATE ELECTRICITY BOARD V. KALYAN BOROUGH MUNICIPALITY [REFERRED TO]
COMMISSIONER HINDU RELIGIOUS ENDOW MENTS MADRAS VS. LAKSHMINDRA THIRTHA SWAMIAR OF SHIRUR MUTT [REFERRED TO]
DIWAN SUGAR AND GENERAL MILLS PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
JYOTI PERSHAD MAHTAB SINGH SURENDAR DEV GAUR VS. ADMINISTRATOR FOR THE UNION TERRITORY OF DELHI [REFERRED TO]
UNION OF INDIA STATE OF DELHI NOW DELHI ADMINISTRATION VS. BHANAMAL GULZARIMAL LTD [REFERRED TO]
KAVALAPPARA KOTTARATHIL KOCHUNI MOOPIL NAYAR RAVUNNIARATH UNNIMALU AMMA DEVAKI AMMA RAVUNNIARATH RAJAN MENON RAVUNNIARATH RAJAN MENON RAVUNNIARATH RAJAN MENON K C GOPALAN UNNI THATHUNNI NAIR MANNARGHAT MOOPIL NAIR VS. STATES OF MADRAS AND KERALA:STATES OF MADRAS AND KERALA:STATES OF MADRAS AND KERALA:STATES OF MADRAS AND KERALA:STATE OF MADRAS:STATE OF MADRAS [REFERRED TO]
BHAGWATI SARAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
MUHAMMADBHAI KHUDABUX CHHIPA VS. STATE OF GUJARAT [REFERRED TO]
ASSOCIATED CEMENT COMPANY LIMITED VS. P N SHARMA [REFERRED TO]
LALA SHRI BHAGWAN VS. RAM CHAND [REFERRED TO]
STATE OF ORISSA VS. BINAPAIRI DEI [REFERRED TO]
B S VADERA G S CHAGGAR VS. UNION OF INDIA [REFERRED TO]
VIRAJLAL MANILAL AND CO VS. STATE OF MADHYA PRADESH [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
RAMPUR DISTILLERY CO LIMITED VS. COMPANY LAW BOARD [REFERRED TO]
CHANDRA BHAVAN BOARDING AND LODGING BANGALORE THE ALL MYSORE HOTELS AND ASSOCIATION VS. STATE OF MYSORE [REFERRED TO]
RUSTOM CAVASJEE COOPER RUSTOM CAVASJEE COOPER T M GURUBUXANI VS. UNION OF INDIA [REFERRED TO]
ANAKAPALLE CO OP AGRL AND INDUSTRIAL SOCIETY LIMITED ETP VS. UNION OF INDIA [REFERRED TO]
PANIPAT CO OPERATIVE SUGAR MILLS VS. UNION OF INDIA [REFERRED TO]
SECRETARY GOVERNMENT OF MADRAS HOME DEPARTMENT VS. ZENITH LAMP AND ELECTRICAL LIMITED [REFERRED TO]
LORD KRISHNA SUGAR MILLS VS. UNION OF INDIA [REFERRED TO]
ANAND KUMAR BINDAL VS. EMPLOYEES STATE INSURANCE CORPORATION [REFERRED TO]
ISWARI PROSAD VS. N R SEN [REFERRED TO]
STATE VS. BEEJAL [REFERRED TO]
K K WADHWANI VS. STATE OF RAJASTHAN [REFERRED TO]
JAIPUR UDHYOG LTD VS. UNION OF INDIA [REFERRED TO]
HINDUSTHAN GENERAL ELECTRICAL CORPORATION LTD VS. SUPERINTENDENT OF CENTRAL EXCISE [REFERRED TO]
ROHTAS INDUSTRIES LTD VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
SYNBIOTICS LIMITED VS. UNION OF INDIA [LAWS(DLH)-2002-10-68] [REFERRED 3.]DIGVIJAY CEMENT COMPANY LIMITED VS. UNION OF INDIA [LAWS(SC)-2002-12-79] [REFERRED TO]
JUDGEMENT
T.V.R. Tatachari, J. -
(1.)These three letters Patent Appeals. Nos. 17, 45, and 18 of 1970, can be disposed of by a common judgment. The appellants in letters Patent Appeal No. 17 of 1970 are (1) R. D. Aggarwala and (2) Dalmia Dadri Cement Limited having its registered Office at Charkhi-Dadri, District Mohinder Garh, Haryana. The appellants in Letters Patent Appeal No. 45 of 1970 are (1) Dalmia Cement (Bharat) Limited having its Registered Office at Dalmia Puram in the State of Tamil Nadu and its Head Office at New Delhi, and (2) Shri J. C. Dawar. The appellants in letters Patent Appeal No. 18 of 1970 are Musadi Lal, Smt. Shanti Devi, Raghunath Das and Shiv Shankar Lal. The respondents in all the three appeals are (1) the Union of India, through the Secretary, Ministry of Industrial Development and Company Affairs, Department of Industrial Development and (2) the Cement Corporation of India Ltd. having its Registered Office at New Delhi. In Letters Patent Appeal No. 18 of 1970, however, there are two more respondents, namely (3) Dalmia Dadri Cement Limited, Charkhi-Dadri, and (4) Dadri Cement Co., Delhi. During the pendency of the appeals, a Joint Secretary in the Ministry of Industrial Development and Company Affairs (Department of Industrial Development), who was appointed as the Controller for the purposes of the Cement Control Order, 1967, in addition to his own duties as Joint Secretary, with effect from October 12, 1968, was added as respondent in all the three appeals.
(2.)The appellants in the appeals. L.P.A. Nos. 17 and 45 of 1970 are producers of cement, while the appellants in the appeal, L.P.A. No. 18 of 1970, are consumers. The appeals have been filed against the judgment of a learned Judge of this Court (V. S. Deshpande, J.) dated December 5, 1969, in Civil Writ Petitions Nos. 220, 319 and 725 of 1968, by the three sets of appellants respectively, whereby the learned Judge rejected the contentions of the appellants impugning the validity of the Cement Control Order, 1967, issued in exercise of the power under Section 18G of the Industries (Development and Regulation) Act, 1951, and dismissed the writ petitions. Another set of consumers also filed Civil Writ Petition No. 726 of 1968 raising the same contentions, and that was also dismissed by the learned Judge by the same judgment. But, no appeal has been filed by the said set of consumers. We have thus only two appeals by the producers and one appeal by the consumers before us.
(3.)After pronouncing the judgment on December 5, 1969, Deshpande, J. by a separate order of the same date, granted certificate under Article 132(1) of the Constitution of India that the cases involved a substantial question of law as to the interpretation of the Constitution. On the basis of the said certificates, he petitioners in the writ petitions filed appeals in the Supreme Court. On February 23, 1970, the Supreme Court cancelled the said certificates and left the partics free to file appeals in the High Court, if they so desired. "Thereafter, the three aforesaid sets of appellants filed the present three appeals with applications for condonation of delay. The delay was condoned and the Letters Patent Appeals were admitted. It is thus, that the present appeals, L.P.As Nos. 17, 45 and 18 of 1970, have come before us for disposal.
(2.)The appellants in the appeals. L.P.A. Nos. 17 and 45 of 1970 are producers of cement, while the appellants in the appeal, L.P.A. No. 18 of 1970, are consumers. The appeals have been filed against the judgment of a learned Judge of this Court (V. S. Deshpande, J.) dated December 5, 1969, in Civil Writ Petitions Nos. 220, 319 and 725 of 1968, by the three sets of appellants respectively, whereby the learned Judge rejected the contentions of the appellants impugning the validity of the Cement Control Order, 1967, issued in exercise of the power under Section 18G of the Industries (Development and Regulation) Act, 1951, and dismissed the writ petitions. Another set of consumers also filed Civil Writ Petition No. 726 of 1968 raising the same contentions, and that was also dismissed by the learned Judge by the same judgment. But, no appeal has been filed by the said set of consumers. We have thus only two appeals by the producers and one appeal by the consumers before us.
(3.)After pronouncing the judgment on December 5, 1969, Deshpande, J. by a separate order of the same date, granted certificate under Article 132(1) of the Constitution of India that the cases involved a substantial question of law as to the interpretation of the Constitution. On the basis of the said certificates, he petitioners in the writ petitions filed appeals in the Supreme Court. On February 23, 1970, the Supreme Court cancelled the said certificates and left the partics free to file appeals in the High Court, if they so desired. "Thereafter, the three aforesaid sets of appellants filed the present three appeals with applications for condonation of delay. The delay was condoned and the Letters Patent Appeals were admitted. It is thus, that the present appeals, L.P.As Nos. 17, 45 and 18 of 1970, have come before us for disposal.
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