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ishwar Dayal JaIn Vs. Union of India Etc. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCivil Writ Appeal No. 864 of 1980
Judge
Reported inAIR1983Delhi330; 1984(6)DRJ210; 1983RLR474
Appellantishwar Dayal Jain
RespondentUnion of India Etc.
Advocates: M.C. Bhandare,; Rajender Dutt and; R.K. Anand, Advs
Excerpt:
.....the profit should go to state agencies and co-operatives. export policy announced every year provides guidelines of comparatively abiding nature. ad-hoc grant of quota/license or changeability should have a definite direction of national interest of improving trade and to earn more foreign exchange. in the instant case due to lac of rational intelligible policy and improper exercise of discretion, the petitioner was deprived of his profits on his firms contracts with foreign payers. the action qua the petitioner was arbitrary and has to be set aside. - s.b. wad, j. (1) that government cannot suddenly become aware that the trade is very profitable and the profit should go to state agencies and co-operatives. export policy announced every year provides guidelines of comparatively abiding nature. ad-hoc grant of quota/license or changeability should have a definite direction of national interest of improving trade and to earn more foreign exchange. in the instant case due to lac of rational intelligible policy and improper exercise of discretion, the petitioner was deprived of his profits on his firms contracts. with foreign payers. the action qua the petitioner was arbitrary and has to be set aside.
Judgment:

S.B. Wad, J.

(1) That Government cannot suddenly become aware that the trade is very profitable and the profit should go to state agencies and co-operatives. Export policy announced every year provides guidelines of comparatively abiding nature. Ad-hoc grant of quota/license or changeability should have a definite direction of National interest of improving trade and to earn more Foreign Exchange. In the instant case due to lac of rational intelligible policy and improper exercise of discretion, the petitioner was deprived of his profits on his firms contracts. with foreign payers. The action qua the petitioner was arbitrary and has to be set aside.


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