Union Of India (Uoi) And Ors. vs Bashir Oil Mills And Ors. And Maheshwari ... on 3 March, 1989
While these review applications were pending, the learned Counsel for the Union of India noticed that the Andhra Pradesh High Court in the case of Andhra Pradesh Rice Bran Solvent Extractors Association v. Union of India A.P. had taken a view that oil produced from the rice bran by the method of solvent extraction is vegetable oil within the meaning of Section 3(h) of the Board Act, whereas in the case of U.P. Solvent Extractor's Association, Kanpur v. Union of India and Ors. 1988 All L.J. 471 : 1988 (18) ECR 44, the Allahabad High Court has taken a contrary view viz. that oil extracted from rice bran by the process of solvent extraction is not vegetable oil within the meaning of the said expression under the Board Act. He, therefore, filed civil application Nos. 3827/1988 and 3828/1988 claiming alternatively that leave to appeal to the Supreme Court should be granted to the Union of India and Ors. i.e. the respondents against the judgment in these writ petitions under Article 133(1) read with Article 134-A of the Constitution of India. It may be seen that Article 134-A is introduced in the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978, which came into force with effect from 1.8.1979.