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
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
Petitioner had failed to earn the foreign exchange to cover the pre-import already made by it and had failed to carry out the orders ... your failure to meet the export commitments under the pre-import licences issued in your favour during 1960-61 resulting in loss of foreign exchange
been made, the company had obviously made commitments in terms of the pre-existing policy. This unilateral change in the policy could not possibly have ... large commitments, invested funds, and entered into contractual obligations. What is worse, by an order of October 15, 1977 (Annexure 12), a total ban
have been laid down
by the Supreme Court on blacklisting and/or banning a party from
dealing and/or participating in contracts/tenders floated ... reserved by the party awarding the contract. This is because
blacklisting/banning simply signifies a business decision by which the
party affected by the breach
Bihar State Road Development ... vs Mora Tollways Ltd. & Ors on 12 May, 2016
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The State Of Bihar & Anr vs Mora Tollways Ltd. & Ors on 12 May
Mora Tollways Limited vs The State Of Bihar & Ors on 12 May, 2016
Author