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1 - 5 of 5 (0.30 seconds)Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
794. The petitioner had been granted a value based
import license entitling it to import duty free raw
material components etc. The respondents issued a
notification placing goods in sensitive list affecting
petitioners' right to import. It was held that
estoppel does to bind the State if the public
interest is the cause for the change in its stand.
The respondents have not placed any material to show
that this equitable doctrine of promissory estoppel
must yield in this case in view of other equitable
circumstances or public interest. Counsel submitted
that in the instant case the respondents had failed to
show any such circumstances. She also attempted to
distinguish the judgment in Balco Employees Union
(Regd.) v. Union of India and Ors. .
All India Garments Non. Quota ... vs Union Of India And Ors. on 13 May, 1996
15. From the foregoing it would be seen
that while any amendment to the Import and Export
policy has to be brought by a gazette notification,
there is no such requirement for garment policy as is
there is Section 5 as well as Para 1.3 for the Import
Export policy. The requirement of Gazette
notifications is neither there in the Handbook of
Procedures nor in Para 4.11 of the policy and item
No. 8 appendix 1 of the Schedule 2 of ITC (1 HS).
Thus, there is no mandate of the statute for having
the amendment in garment policy being brought about by
a gazette notification. I find the aforesaid reasons
correct. The amendments in the procedural aspect of
the garment policy as are sought to be done by
issuance of public notice, cannot be equated with the
amendments of the Import and Export Policy under
Section 5, which can only be done by resorting to
publication in gazette notification. Reference may
usefully be made to the decision of the Division Bench
in CWP No. 4713/1995 in All India Garments Non Quota
Manufacturers Association and Ors. v. Union of
India and Ors. The challenge in this respect of
the petitioner, therefore, fails.
Article 226 in Constitution of India [Constitution]
Section 3 in The Foreign Trade (Development and Regulation) Act, 1992 [Entire Act]
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