REGENT COMPUTRONICS PVT. LTD.

INDIAN HANDICRAFTS EMPORIUM Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

P. CROWLEY V. HENRY CHNSTENSEN [REFERRED]
NARENDRA KUMAR VS. UNION OF INDIA [REFERRED]
HAMDARD DAWAKHANA KALIPADA DEB LAKSHMAN SHRIPATI LTPURE ALIAS LAKSHMAN SHRI PATI IMPORE A B CHOUDHRI VS. UNION OF INDIA [REFERRED]
J KRISHAN KUMAR NARULA SURINDER KUMAR VS. STATE OF JAMMU AND KASHMIR [REFERRED]
STATE OF MAHARASHTRA MUNICIPAL CORPORATION OF GREATER BOMBAY VS. HIMMATBHAI NARBHERAM RAO:NOOR MAHOMED MAHOBATKHAN D S KURLAWALA [REFERRED]
RUSTOM CAVASJEE COOPER RUSTOM CAVASJEE COOPER T M GURUBUXANI VS. UNION OF INDIA [REFERRED]
CHIEF JUSTICE OF ANDHRA PRADESH HIGH COURT OF ANDHRA PRADESH VS. L V A DIXITULU:V V S KRISHNAMURTHY [REFERRED]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED]
MOTOR GENERAL TRADERS VS. STATE OF ANDHRA PRADESH [REFERRED]
RATTAN ARYA VS. STATE OF TAMIL NADU [REFERRED]
MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD VS. JAN MOHAMMAD USMANBHAL [REFERRED]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED]
SODAN SINGH VS. NEW DELHI MUNICIPAL COMMITTEE [REFERRED]
SYNTHETICS AND CHEMICALS LIMITED VS. STATE OF UTTAR PRADESH [REFERRED]
CHARAN LAL SAHU RAKESH SHROUTI RAJKUMAR KESWANI NASRIN BI VS. UNION OF INDIA [REFERRED]
UNNI KRISHNAN J P VS. STATE OF ANDHRA PRADESH [REFERRED]
STATE OF ANDHRA PRADESH VS. MCDOWELL AND CO [REFERRED]
DISTRICT MINING OFFICER VS. TATA IRON AND STEEL CO [REFERRED]
STATE OF MAHARASHTRA VS. INDIAN MEDICAL ASSOCIATION [REFERRED]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [REFERRED]
WELFARE ASSOCIATION ARP MAHARASHTRA VS. RANJIT P GOHIL [REFERRED]
HIGH COURT OF GUJARAT VS. GUJARAT KISHAN MAZDOOR PANCHAYAT [REFERRED]
D SAIBABA VS. BAR COUNCIL OF INDIA [REFERRED]
KAPILA HINGORANI VS. STATE OF BIHAR [REFERRED]
JOHN VALLAMATTOM VS. UNION OF INDIA [REFERRED]
ISLAMIC ACADEMY OF EDUCATION VS. STATE OF KARNATAKA [REFERRED]

JUDGEMENT

(1.) Applicability of the provisions of the Wild Life (Protection ) Act, 1972 is in question in this set of appeals which arise out of a common judgment and order dated 20-3-1997 passed by a Division Bench of the Delhi High Court. The appellants herein are engaged in the business of manufacture and sale of articles relating to art and craft manufactured from ivory. The appellants herein imported ivory from African countries. They have manufactured certain articles out of the same. It is not in dispute that the said import had legally been made as there did not exist any restriction in that regard.

(2.) The Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the said Act' for the sake of brevity) was enacted to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary thereto or incidental therewith. Indian elephant was brought within the purview of Schedule A of the Act on or about 5-10-1977. The Union of India also banned export of ivory in the said year.

(3.) Chapter V of the said Act deals with trade or commerce in wild animals, animal articles and trophies. By Act No. 28 of 1986 Chapter V-A was inserted therein whereby and restrictions were imposed on trade or commerce in wild animals, cattle and trophies. By Act No. 44 of 1991, Section 49-C was inserted in Chapter V-A whereby and whereunder a total prohibition in trade of imported ivory was imposed . The said Act was brought into force by the Government of India by issuing a Notification dated 27-9-1991 with effect from 2-10-1991. Six month's time had been granted to make the said Act operational, that is to say, until 2-4-1992. Within the aforementioned period, the trader, thus, could dispose of his stock.

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INDIAN HANDICRAFTS EMPORIUM Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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