Aabis International vs. Union Of INDIA
Held
The High Court dismissed the writ appeals, holding that the issue regarding the notification's validity and its placement before Parliament became non-academic. This was because the import restriction on pepper was lifted by a subsequent notification within less than two months of the original notification.
Facts
Traders challenged a 2018 DGFT notification that imposed a minimum CIF value condition for pepper imports, arguing it was invalid for not being placed before Parliament as required by the Foreign Trade (Development and Regulation) Act. The learned Single Judge dismissed their petitions, and they filed writ appeals.
Key Issues
The key legal issue was the validity of a DGFT notification restricting pepper imports, specifically whether it was invalid for not being laid before Parliament, considering that the restriction was subsequently removed.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE EASWARAN S. TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946 WA NO. 1779 OF 2023 AGAINST THE JUDGMENT DATED IN WP(C) NO.26804 OF 2021 OF HIGH COURT OF KERALA APPELLANT(S)/PETITIONER: TRAVANCORE SOLVENTS AND OILS, AGED 49 YEARS, 6/260(20), 2ND FLOOR, PALMLANDS BUILDING, BANK JUNCTION, ALUVA - 683101, REPRESENTED BY ITS PROPRIETOR, SHAFIEQUE AHAMED K.K., PIN – 683101 BY ADVS. JOHN VARGHESE SONU AUGUSTINE RESPONDENT(S)/RESPONDENT: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS), NORTH BLOCK, NEW DELHI, PIN – 110001 2 DIRECTOR GENERAL OF FOREIGN TRADE, UDYOG BHAVAN, H-WING, GATE NO.2, MOULANA AZAD ROAD, NEW DELHI - 110011., PIN – 110011 3 CONSORTIUM OF BLACK PEPPER ORGANIZATION CONSORTIUM OF BLACK PEPPER ORGANISATION, C/O CODAGU PLANTERS ASSOCIATION (R), P.B.NO. 15, G.T. TOAD, MADIKERI, KODAGU KARNATAKA 571201, REPRESENTED BY ITS CO-ORDINATOR VISWANATH K.K., PIN – 571201 4 THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA 'GLENVIEW', COONOOR, NILIGIRIS DISTRICT, TAMIL N
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