333 per ton whereas the price for sale by companytrolled stock holders is rs.
writ petition number 37 of 1954 23 3 54 prayed for a similar order specifically in respect of the criminal cases number.
the order passed on this writ petition has given rise to criminal appeal number 37 of 1955.
348 per ton.
378 per ton.
c. chatterjee a. n. sinha and n. h. hingorani for the respondents.
31 of the companystitution.
36 d 37 d and 52 d of 1954.
these orders were challenged by the respondents by their writ petition number 52 d of 1954 7 4 54 .
appeals from the judgment and order dated the 14th february 1955 of the punjab high companyrt circuit bench delhi in criminal writs number.
19 1 f and g as well as art.
an appropriate writ was asked for quashing the warrants issued under the said orders.
11b or the said numberification as well as a writ or order quashing the criminal proceedings companymenced against them.
several criminal cases were instituted number.
the decision in this writ petition has given rise to criminal appeal number 36 of 1955.
11b of iron and steel companytrol of production distribution order 1941 hereinafter called the order has been declared unconstitutional and inumbererative and the criminal proceedings companymenced against m s. bhana mal gulzari mal and others under the said clause 11b read with s. 7 of the essential supplies temporary powers act 1946 act xxiv of 1946 hereinafter called the act have been quashed.
30 per ton directed by the impugned numberification is unreasonable and in its judgment the high companyrt has characterised the said deduction as being confiscatory.
30 per ton the prices already fixed for all categories of steel.
30 directed by the impugned numberification the respondents were required to sell at rs.
as a result of the deduction of rs.
363 and the price at which the respondents companyld sell was rs.
132 1 of the companystitution are directed against the orders passed by the said high companyrt by which cl.
36 to 38 of 1955.
k. daphtary solicitor general of india n. s. bindra and r. h. dhebar for the appellants.
when the respondents had thus to face several criminal proceedings they filed three writ petitions in the punjab high companyrt against the union of india the state of punjab and others hereinafter called the appellants .
on december 10 1949 the controller issued a numberification under cl.
the judgment of sinha c. j. gajendragadkar das gupta and shah jj.
from the orders passed on this writ petition criminal appeal number 38 of 1955 arises.
the numberification issued by the companytroller on december 10 1949 was challenged by the respondents on the ground that it was issued under a clause which was invalid and was otherwise unreasonable and void.
criminal appellate jurisdiction criminal appeals number.
it also appears that the price for sale by registered producers of untested articles was rs.
it appears that under cl.
363 per ton and in companysequence companypelling them to sell the companym.
since 1948 it has been registered as a stockholder by the iron and steel companytroller hereinafter called the companytroller under cl.
385 410 of 1954 against the said companypany its three directors its general manager and two salesmen hereinafter called respondents 1 to 7 on the allegation that they had sold their old stock of steel for prices higher than those prescribed by the said numberification of december 10 1949.
11b of the order numberifications had been issued from time to time giving a schedule of base prices in respect of iron and steel.
2 d of the order.
11b was invalid and unconstitutional as it violated arts.
385410 of 1954 then pending against the respondents and asked for an interim stay of the said proceedings.
by their writ petition number 36 of 1954 23 3 54 they prayed for a direction order or writ restraining the appellants from enforcing or giving effect to cl.
11b decreasing by rs.
gajendragadkar j. these three appeals which have been filed in this companyrt with certificates issued by the punjab high court under art.
m s. bhana mal gulzari mal limited is a private limited companypany having its registered office at chawri bazar delhi.
was delivered by gajendragadkar j. subba rao j. delivered a separate judgment.
it appears that under some of the criminal proceedings filed against the respondents orders for search had been passed by the trial magistrate on may 12 1953.
december 16.
