Hand Book will not be applicable to pre-control commitments and that all cases of pre-control commitments will be decided only if the condition ... words "Unless otherwise provided the following types of pre-ban (including pre-control) commitments may be ordinarily honoured for export control purposes". Then
Control) Fifteenth Amendment Order, 1979 in so far as it prohibits pre-ban commitments (or the exclusion of such contracts from its operation ... complete and concluded before the ban. In short, it was unreasonable and, therefore invalid vis a vis pre ban commitments otherwise ready for performance. Secondly
Import Export Procedures 1978-79 will not be applicable to any pre-ban commitments consequent to this Public Notice. All such cases will be decided ... follows : "UNLESSotherwise provided, the following types of pre-ban (including pre-control) commitments will be ordinarily honoured for export control purposes : Copies of pre
Import-Export Procedures, 1978-79, would not be applicable to any pre-ban commitments consequent to the said Public Notice and all such cases would ... thus:
"Unless otherwise provided, the following types of pre-ban (including pre-control) commitments will be ordinarily honoured for export control purposes". Clauses
petitioner made representations to the Authorities concerned that the petitioners total pre-ban commitment was 63S walnut stumps and that they should be permitted ... which the petitioners had been prevented from complying with the pre-ban commitment with respect to export of 488 walnut stumps, they filed this writ
wherein the vires of
Exports (Control) Fifteenth Amendment Order, 1979 prohibiting pre-ban
commitments was in question. It was held that there was no ground
Parts thereof will not be allowed.
3. No request for pre-ban commitments will be entertained in this regard.
4. Accordingly, the existing entry
permitted of a particular commodity but banned later and what is to happen in case of pre-ban commitments. Paragraph 316 deals with this ... contingency. It lays down that unless otherwise provided, the pre-ban (including pre-control) commitments will be ordinarily honoured for export control purposes. This includes
after the ban of 2nd December, 1978 because of the concession given to them by the Government honouring their pre-ban commitments. No complaint
Pre-ban items". Consequent to this Public Notice, it was also said that all such cases of "Pre-ban commitments" will ... setting out the new guidelines for deciding the "Pre-ban" or "Pre-control Cases" effected by the Public Notice dated