http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 18
PETITIONER: KAMLA PRASAD KHETAN
Vs.
RESPONDENT: THE UNION of INDIA(and connected petitions)
DATE OF JUDGMENT: 01/05/1957
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) IMAM, SYED JAFFER MENON, P. GOVINDA SARKAR, A.K.
CITATION: 1957 AIR 676 1957 SCR 1052
ACT: Industrial undertaking, control of-Central Government taking over management by notified order--Amendment of such order by another-Validity-Like Conditions’ Meaning of-Appointment Of Controller-Bona fides-The Industries (Development and Regulation) Act (LXV of 1951), as amended by Amending Act, 26 of 1953, ss. 18A, 15, 16-General Clauses Act (X of 1879), S. 21.
HEADNOTE: By a notified order dated November s, 1955, the Government of India took over the management of certain Sugar Mills under s. 18A(i)(b) of the Industries (Development and Regulation) Act, 1951, for one year and vested it in a Controller. This was preceded by an investigation under s. 15 of the Act and the Central Government had materials before it to be of the opinion that the management was being conducted in a manner highly detrimental to the undertaking and to public interest. On November 7, 1956, this order was amended extending the Controller’s management for a further period of two years. It was contended on behalf of the petitioners that the requirement of s. 18A(i)(b) of the Act not having been satisfied ...