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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, CJ, TUSHAR RAO GEDELA
Rain CII Carbon Vizag Ltd – Appellant
Versus
Union Of India Through The Secretary Department Of Commerce – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present writ petition has been filed under Article 226 of the Constitution of India, 1950 seeking, inter alia, the following prayers:-
“i) Quash the Rejection Letter dated 05.02.2025 bearing File No. 09AX04000927AM25 and Deficiency Letter dated 15.01.2025 bearing File No. 09AX04000927AM25 issued by the Respondent No. 3/ Additional Director General of Foreign Trade;
ii) Issue a writ, order or other direction to the Respondents to grant Advance Authorisation to the Petitioners against their Application for Grant of Advance Authorisation dated 31.12.2024 bearing File No. 09AX04000927AM25;
iii) Issue a writ, order or other direction to the Respondents that raw pet coke (RPC) imports by the Petitioners for supply of calcined pet coke (CPC) to SEZ units in India are entitled to the grant of Advance Authorisation under the Foreign Trade Policy, 2023;
iv) Issue a writ, order or other direction to the Respondents that the Petitioners are permitted to supply CPC to SEZ units in India by the order dated 15.02.2024 issued by the Commission for Air Quality Management in National Capital Region and Adjoining Areas read with the Hon’ble Supreme Court’s order dated 10
The doctrine of forum conveniens limits jurisdiction under Article 226, emphasizing that a court should not entertain cases where a more appropriate forum exists, regardless of where a part of the ca....
The main legal point established in the judgment is the interpretation of 'cause of action' and the concept of territorial jurisdiction under Article 226 of the Constitution in relation to the notice....
The main legal point established in the judgment is that the court's territorial jurisdiction is determined by the location of the cause of action, and internal correspondence between zonal offices a....
The main legal point established in the judgment is the application of the doctrine of forum conveniens in determining the territorial jurisdiction of the High Court under Article 226 of the Constitu....
The court established that the location of the Revisionary Authority and the doctrine of merger allow petitioners to file writs in the court where the authority is situated, affirming their right to ....
High Court jurisdiction under Article 226(2) exists if part cause of action (notice receipt, impact on local successor, post-transfer recovery) arises within territory despite outstation authority; t....
Point of Law : Territorial jurisdiction - Prior to Constitutional (Fifteenth Amendment Act, 1963, concept of cause of action was alien for adjudication of disputes by High Court under Article 226 of ....
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