Director General Of Foreign Trade vs M/S Kanak Exports on 27 October, 2015
Learned Senior Counsel has also relied
upon the judgment of the Hon'ble Supreme
Court of India in the case of Director General
of Foreign Trade & Anr Vs. Kanak Exports &
Anr1 (in paragraphs 111 to 117 & 135) to
contend that a vested right cannot be taken
away by the abrupt change in policy and the
judgment of the Hon'ble Supreme Court of
India in case of Centre for Public Interest
Litigation Vs. Union of India and ors2
(paragraphs 20 to 27) to contend that this
Court exercising the jurisdiction under the
Article-226 of the Constitution of India can
always interfere with a policy decision, if it is
found to be violative of fundamental rights of
the petitioners.