Foreign Trade
(Development and Regulation) Act, 1992 (hereinafter referred to
as ‘ FTDR Act ’).
3. Accordingly, we had heard arguments and by this common
judgment would ... Foreign Trade, as the ‘DGFT’. DGFT is an authority
constituted under the FTDR Act and appointed by the Central
Government to advise them on foreign
cover of such interim orders.
2 Hereinafter also referred to as ‘the FTDR Act ’.
3 Hereinafter also referred to as ‘the DGFT’ for short ... were contrary to the said notifications and trade notice
issued under the FTDR Act ; and would be so dealt with under the
provisions
Foreign Trade (Development and Regulation) Act, 1992
(hereinafter referred to as "FTDR") read with para 1.13 of the FTP, the
Central Government alone ... vires the power conferred on to the respondent No.2 under the
FTDR and the FTP. Thus, the impugned PIC minutes and the subsequent
rejection
that Para 2.3 of the FTP is
unconstitutional and ultra vires the FTDR Act or the FTP;
[b] Be pleased to declare and hold that ... Para 8.3.6 of the HOP
is ultra vires the FTDR Act as well as FTP and declare it as
null, void ab initio
reading of Para 2.4 of the FTP and Section 6 of the FTDR
Act. We have already pointed out that Section 3 of the
FTDR ... exports and the
Respondent No.1 under Section 5 of the FTDR Act can
formulate and announce the foreign trade policy. It further
appears from
being ultra vires of the Foreign Trade (Development & Regulation) Act,
1992 [` FTDR Act ‟] and violative of the fundamental rights under Articles ... terms of the powers conferred by Section 5 of the FTDR Act read with
Para 1.3 and 2.1 of the FTP 2009-14, the central
issued in exercise
of the powers conferred under Section 5 of the FTDR Act read with
Paragraph 2.1 of the Foreign Trade Policy ... some of the writ petitions submits that Section 5 of the
FTDR Act empowers the Central Government to formulate and announce
the export and import
Foreign Trade (Development and Regulation)
Act, 1992 („ FTDR Act ‟), the Foreign Trade (Regulation) Rules 1993
(„FTR Rules‟) and the Foreign Trade Policy ... DGFT in exercise of the powers under Section 5
of the FTDR Act read with para 2.1 of the FTP 2009-14 amended para
Foreign Trade
(Development and Regulation) Act, 1992 (hereinafter referred to as
“ FTDR Act ”) empowers the Director General of Foreign Trade to
review the orders made ... learned counsel for the
petitioner, Section 16 of the FTDR Act empowers the Director
General to review any decision or order made by the Joint
with the DGFT. The 2012 amendment to the policy traverses
beyond the FTDR Act , by providing the PIC an unfettered
authority to interpret the provision ... ground of challenge in that case was
that:
"[t]he FTDR Act or FTP does not grant power to the
Respondent
