1986 (11) TMI 388

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....cted against an order dated July 11, 1986, under which the Deputy Collector, Central Excise, Chandigarh, directed the petitioner to stop carrying on business as dealers in gold. This direction was issued in pursuance of an order passed by the Customs, Excise and Gold (Control) Appellate Tribunal dated May 30, 1986. The writ petition Therefore really involved the question of correctness of the above decision of the Tribunal. 3. The petitioner, M/s. Talwar Diamonds, is a firm consisting of six partners. Three of the partners of the firm are already partners in a firm known as M/s. Talwar Jewellers which holds a license as a "dealer" under the Gold (Control) Act. The Firm, M/s. Talwar Diamonds, also applied for a license in the prescribed f....

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....e other had, the contention of the Department is that a firm does have a juristic personality and that when a license is granted in the mane of firm, it is really a license granted to all the partners of the firm Jointly. It is submitted that since three of the partners of M/s. Talwar Jewellers thus held a license in their names jointly along with three others and since these persons are partners in the petitioner firm, the prohibitions contained in rule 2(dd) will come into operation. 6. We are unable to accept the contention urged on behalf of the Department. A perusal of the Gold (Control) Act clearly shows that a license under the Act is to be granted to a "dealer". "Dealer" is defined in section 2(h) as including a Hindu undivided f....