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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN, J
Nakul Agro – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to public notices (Para 1) |
| 2. petitioner's claims of unfair treatment (Para 2) |
| 3. eligibility for importation (Para 3 , 4) |
| 4. respondents' defense regarding policy (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. policy expiration and unfair treatment (Para 17 , 18 , 19 , 20) |
JUDGMENT :
MUNNURI LAXMAN, J.
This order disposes of the following writ petitions:
A. SBCWP No.2502/2024 :
1) This writ petition has been filed challenging the Public Notice dated 08.06.2023 and also subsequent Public Notice dated 14.02.2024. The petitioner herein is the one of the applicant enlisted in the provisional list No.II, which was uploaded on 23.06.2023
B. SBCWP Nos. 9155/2023, 9119/2023, 9156/2023, 9157/2023, 9158/2023, 9159/2023, 9160/2023, 9161/2023, 9162/2023, 9163/2023, 9164/2023, 9166/2023 & 7747/2024:
1) The aforementioned writ petitions have been filed by the petitioners, who are the applicants for grant of permission to import watermelon seeds. Their names could not be found in the provisional list uploaded on 23.06.2023 and they are assailing the Public Notice dated 08.06.2023. The petitioner in S.B. Civil Writ Petition No.7
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The imposition of the 'actual user' condition in the import licences was without jurisdiction as it was non-mandatory under the tariff rate quota scheme since 2003, as clarified by public notice No.4....
Point of law: Foreign trade license - core issue is the insertion of actual user condition in the two licences - whether such insertion is legally permissible or without entering into this aspect, wh....
Point of Law : Import and Export of Goods - in order to facilitate international trade, DGFT consults various Export Promotion Councils as well as Trade and Industry bodies from time to time.
The main legal point established in the judgment is that the exercise of discretion by the Customs Commissioner and the Appellate Tribunal must conform to the provisions of the Customs Act, 1962, and....
The court held that the refusal to extend import deadlines due to COVID-19 was irrational, requiring public authorities to act fairly and transparently in extending timelines during force majeure eve....
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