AI Overview...
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Articles 14 and 19(1)(g) of the Constitution of India - The core principle is that any notification or legislation must be fair, non-arbitrary, and non-discriminatory to withstand constitutional scrutiny. Several cases emphasize that actions by the state should adhere to principles of fairness and reasonableness under Article 14 PAM AGRO INDUSTRIES A PARTNERSHIP FIRM VS UNION OF INDIA - Gujarat, Siddhi Vinayak VS Union of India - Madhya Pradesh, KINSHUK OVERSEAS PVT LTD vs UNION OF INDIA - Gujarat.
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DGFT Notifications & Validity - The impugned notifications issued by the Directorate General of Foreign Trade (DGFT) regarding import restrictions (notably on peas) have been examined for their legality. Some judgments confirm that such notifications, issued under powers conferred by statutes like the Foreign Trade (Development and Regulation) Act, are valid if they comply with constitutional principles, including fairness and non-arbitrariness Union of India Represented by its Seceretary, Ministry of Commerce and Industry, Department of Commerce, Udyog Bhavan, New Delhi VS Unik Traders - Madras, ADMA Agro India Private Limited VS Union of India - Gujarat.
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Legal Basis for Notifications - Notifications are often issued under statutory powers, such as Article 77 of the Constitution, which authorizes the President to make rules for the transaction of government business. However, Article 77 does not explicitly authorize delegation of powers, and validity depends on adherence to procedural requirements and constitutional parameters M/S UNIK TRADERS v/s UNION OF INDIA - Karnataka, Vinayaga Marine Petro Ltd. vs Union of India - Delhi, VINAYAGA MARINE PETRO LTD. vs UNION OF INDIA & ORS. - Delhi.
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Ultra Vires Challenges - Some cases have challenged notifications on the grounds of being ultra vires (beyond legal power) or violative of constitutional provisions. Courts have held that if a notification exceeds statutory authority or violates constitutional rights, it can be struck down PAM AGRO INDUSTRIES A PARTNERSHIP FIRM VS UNION OF INDIA - Gujarat.
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Judicial Approach - Courts scrutinize whether the notifications are issued within the scope of statutory authority, whether they follow due process, and whether they uphold principles of fairness and non-discrimination. The doctrine of non-arbitrariness under Article 14 is central to assessing validity ADMA Agro India Private Limited VS Union of India - Gujarat, Siddhi Vinayak VS Union of India - Madhya Pradesh.
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Conclusion - The validity of DGFT notifications, including those restricting imports like peas, hinges on compliance with statutory provisions and constitutional principles. Notifications issued under Article 77 must adhere to procedural norms and cannot delegate powers beyond what the Constitution permits. Courts have consistently emphasized fairness and non-arbitrariness as essential criteria for their validity PAM AGRO INDUSTRIES A PARTNERSHIP FIRM VS UNION OF INDIA - Gujarat, Union of India Represented by its Seceretary, Ministry of Commerce and Industry, Department of Commerce, Udyog Bhavan, New Delhi VS Unik Traders - Madras, KINSHUK OVERSEAS PVT LTD vs UNION OF INDIA - Gujarat.
References: - Constitution of India, Articles 14, 19(1)(g), 77, 226 - Foreign Trade (Development and Regulation) Act, 1992 - Customs Act, Section 5 - General Clauses Act, 1897, Section 6 - Various case law judgments on administrative validity and constitutional principles
Search Results for "Dgft Mip Notification Article 14 Article 19 1 Ltd V"
2021 0 Supreme(Guj) 198 • India - Gujarat
J.B.PARDIWALA, BHARGAV D.KARIA
Constitution of India, 1950 – Articles 14, 19(1)(g) and 226 – Foreign Trade Act - Section 5 - Customs Act ... can be held ultra vires to provisions of the Customs Act and the Foreign Trade Act as well as to the Article 14 of Constitution ... of India or not Finding of the court: On perusal of the above notification, it is clear that the same is issued ... -2014 dated 2.12.2013 (Annexure-”E”) as ultra vires Section 5 of the Foreign Trade Act, ultra vires Section #HL_ST....
2022 0 Supreme(Mad) 1055 • India - Madras
J. NISHA BANU, N. ANAND VENKATESH
The impugned Notification dated 04.06.2008 issued by the Director General of Foreign Trade (DGFT) was not ultra vires as it was ... Taylor reported in (1875) 1 Ch D 426? ... 6 (3) of the Foreign Trade (Development and Regulation) Act, 1992 or whether the impugned notification was not issued by the DGFT ... We have referred to these provisions to highlight that paragraph (1) to Article XI is not an absolute rule. It is subject to exceptions in the form of paragraph (2)....
2019 0 Supreme(Guj) 612 • India - Gujarat
HARSHA DEVANI, BHARGAV D.KARIA
Foreign Trade (Development and Regulation) Act, 1992 - Section 3 - Constitution of India,1950 - Article ... 226 - Petitioners have challenged Notification issued by Central Government restricting the import of peas classified - Counsel for ... withdrawing notification petitioner in second petition had no reason to believe that import of peas would be free thereafter and ... The basic requirement of article 14 is fairness in action by the State, and non-arbitrariness in essence and substance is the heart....
2019 0 Supreme(Bom) 551 • India - Bombay
S.C.DHARMADHIKARI, M.S.KARNIK
– Section 11 - General Clauses Act, 1897 – Section 6 - Constitution of India,1950 – Article 226 - Petitioner is a partnership firm ... Para 1.01 sets out the duration of FTP - Amendment to FTP is provided by para 1.02 and right to amend FTP, by means of notification ... The petitioner says that Notification No. ... under Article 226 of the Constitution of India calling for the records and proceedings pertaining to the impugned Notifications and after examining the leg....
2018 0 Supreme(MP) 453 • India - Madhya Pradesh
VIRENDER SINGH, S.C.SHARMA
Issues: 1. Whether the notifications issued by the Government of India restricting the import of peas were valid. ... Writ petition challenging the validity of notifications issued by the Government of India restricting the import of peas. ... The petitioner contended that the notifications were issued without authority and were arbitrary and discriminatory. ... of judicial discipline by violating Article 14 and 21 of the Constitution of India. ... In fact, such a provision in #HL_STA....
2024 Supreme(Online)(KAR) 32121 • India - High Court of Karnataka
M.NAGAPRASANNA
correctness of the policy decision, even by bringing Article 14 of the Constitution into play [see Marine Fins, Kochi (supra)]. ... The first paragraph of the notification states that they had been issued by the Central Government in exercise of powers conferred under Article 77 of the Constitution. ... Article 77 does not provide for delegation of any power, albeit under sub-section (3) of Article 77, the President is to make Rules for more convenient transaction of business and alloc....
• India - Gujarat
legislation as well as subordinate legislation under Article 14. ... Ltd. v. ... Once we find that parameters of Article 14 are satisfied; there was due otherwise, it will be violative of the mandate of Article 14 fairness in action by the State, and non-arbitrariness in essence p style="position:absolute
• India - Delhi High Court
SANJIV KHANNA, CHANDER SHEKHAR
The Notification in question is issued by the Central Government and would be in terms of Article 77 of the Constitution of India. ... Under sub-section (3) to Article 77, the President is to make Rules for more convenient transaction of business and allocation of same amongst Ministers. The Article does not provide for delegation of any power. ... We would not dilate further on Article 77 except notice that clause (2) to Article 77 provides that validity of an order or instrument made....
• India - Delhi High Court
The Notification in question is issued by the Central Government and would be in terms of Article 77 of the Constitution of India. ... Under sub- section (3) to Article 77, the President is to make Rules for more convenient transaction of business and allocation of same amongst Ministers. The Article does not provide for delegation of any power. ... We would not dilate further on Article 77 except notice that clause (2) to Article 77 provides that validity of an order or ....
• India - Delhi High Court
The Notification in question is issued by the Central Government and would be in terms of Article 77 of the Constitution of India. ... Under sub- section (3) to Article 77, the President is to make Rules for more convenient transaction of business and allocation of same amongst Ministers. The Article does not provide for delegation of any power. ... We would not dilate further on Article 77 except notice that clause (2) to Article 77 provides that validity of an order or ....
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