NDLI: Janki Sugar Mills & Co. Vs. Commissioner of Meerut Division, Meerut

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	True effect of the provisions of sub·clauses (2) and (3) of cl. 3 of the U.P. Sugarcane Supply and Purchase Order 1953 1954 issued under s. 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. Sugarcane (regulation of Supply and Purchase) Act, 1953 (24 of 1953)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	"Bonded Cane", meaning of, - True effect of the provisions of sub·clauses (2) and (3) of cl. 3 of the U.P. Sugarcane Supply and Purchase Order, 1954, issued under s. 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953. The Government of India notified its decision that certain deductions in the minimum cane price, on the basis of recovery of sugar from sugarcane will be allowed to sugarcane factories in U.P. on the cane supplied to them on and after May 1, 1955 but that the deductions will be allowed only on "unbonded cane" crushed by each factory and not on "bonded cane", the latter of which shall have to be purchased by each factory at the minimum cane price already fixed for the season. In exercise of the powers delegated to him under s. 3 of the Essential Commodities Act, 1955, the Cane Commissioner U.P. issued a Notification on June, 1, 1955, whereunder "the producers of sugar by vacuum pan process were allowed to make deductions as specified in the Schedule thereto from the minimum price of per maund of cane fixed for the season 1954-55 in respect of the unbonded sugarcane crushed on and after May I, 1955. The appellant firm taking advantage of this Notification granting concession in the minimum price, made payment to Laskar Co-operative Cane Development Union Ltd; after making deductions in respect of 2 lac maunds of sugarcane supplied to it, under an agreement entered into pursuant to the offer made to it on March 22, 1955. However, on December 21, 1955 the Cane Commissioner issued a Recovery Certificate under Sections 17 and 18 of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 against the appellant firm for a sum of Rs. 53,879.10 being the amount deducted by the appellant firm while making payments to Laskar Co-operative Union. On a challenge to legality of the Recovery Certificate, the dispute was referred to the sole arbitrator, the District Cane Officer under Rule 108 of the U.P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954. Tue arbitrator found that the supply of sugarcane was "bonded cane" and therefore gave an award that the appellant was not entitled to the concession and was liable to pay the minimum price therefor. An appeal to the Divisional Commissioner having been dismissed, the appellant-firm filed a Writ Petition in the Allahabad High Court which also was rejected. A further special appeal also proving unsuccessful the appellant-firm appealed to the Supreme Court after obtaining a certificate of fitness.
Judge	Hon'ble Mr. Justice V.D. Tulzapurkar
Neutral Citation	1978 INSC 260
Petitioner	Janki Sugar Mills & Co.
Respondent	Commissioner Of Meerut Division, Meerut
SCR	[1979] 2 S.C.R. 778
Judgement Date	1978-12-14
Case Number	1083

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Janki Sugar Mills & Co. Vs. Commissioner of Meerut Division, Meerut

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Janki Sugar Mills & Co. Vs. Commissioner of Meerut Division, Meerut

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