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1 - 9 of 9 (0.21 seconds)Kaptan'S Enterprises And Anr. vs Union Of India on 19 November, 1985
of Customs, Calcutta , and more specifically of the Delhi High Court in Kaplan's Enterprises v. Union of India , in which the question as to how the provisions of the Open General Licence can be amended has been decided.
Imports and Exports (Control) Act, 1947
Section 130 in The Customs Act, 1962 [Entire Act]
Jain Sudh Vanaspati Ltd. vs Collector Of Customs on 14 February, 1990
He also submitted that the decision of the Tribunal in the case of Jain Sudh Vanaspati v. Collector of Customs 1990 (29) ECR 321, as approved by the Supreme Court has settled the matter beyond any doubt.
Monica Enterprises And 4 Ors. vs Collector Of Customs on 21 April, 1989
9. The Tribunal in its decision in the case of Gulab lmpex Enterprises v. Collector of Customs , to which also a reference has been made in the Application, had relied upon the decision of the Delhi High Court in S.S. International (Supra) and since the latter does not support the applicant's contention, reliance on the decision of the Tribunal too is of little avail to the applicants.
The Foreign Exchange Regulation Act, 1973
S.S. International And Anr. vs Union Of India And Ors. on 22 July, 1987
11. From the above it can be seen that while paragraph-1 of the policy itself pro-vides for amending it by notifying it by means of Public Notices, the Imports (Control) Order, 1955 as well as the Open General Licences having been issued under the Imports and Exports (Control) Act, any amendments to these provisions can be made only by exercise of the statutory power under the aforesaid Act. This position stands confirmed in the judgments cited before us and the judgment in S.S. International's case (supra) does not, as we have seen, in any manner, change the position. The position being well-settied, there is no need for making a Reference to the High Court under Section 130 of the Customs Act. The Reference Application is, therefore, rejected.
Climax Chemicals vs R. Gopalnathan, Addl. Collector Of ... on 21 September, 1990
It is, therefore, not correct to say, as has been stated in the Reference Application, that there is any contradiction between the judgment of the Bombay High Court in the case of Climax Chemical's case (cited supra) and the decision of the Division Bench of the Delhi High Court in the case of S.S. international (supra). It will, therefore, appear that there is no need for any reference on this matter to the High Court. The Reference Application is, therefore, liable to rejection.
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