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2019 (8) TMI 1893 - HC - CustomsPermission for clearance of the imported Pigeon Peas (Toor Whole) - failure to produce the notifications before the Legislature - Section 19(3) of the Foreign Trade (Development and Regulation) Act, 1992 - HELD THAT - In the light of the decision of the Hon'ble Supreme Court of India in ATLAS CYCLE INDUSTRIES LTD. AND ORS. VERSUS STATE OF HARYANA 1978 (10) TMI 150 - SUPREME COURT , which has been reiterated by subsequent decisions, the contention raised by the Learned Counsel for the Petitioners does not merit any acceptance. Petition dismissed.
Issues:
Challenging notifications related to import regulations, compliance with statutory requirements, validity of impugned notifications. Analysis: The batch of Writ Petitions filed by Importers challenged various notifications related to imports. The Respondent argued that the issues were similar to a previous order and should be rejected. However, the Petitioners contended that certain legal contentions were not raised previously. One such contention was regarding Section 19(3) of the Foreign Trade Act, stating that notifications must be placed before Parliament. The Petitioners argued that non-compliance would invalidate the notifications. The Respondent cited Supreme Court decisions to argue that placing notifications before Parliament was optional, not mandatory. The Court referred to the case of M/s. Atlas Cycle Industries Limited and held that the requirement of laying notifications before Parliament was directory, not mandatory. Therefore, non-compliance did not render the notifications void. The Court, following the previous order, dismissed the Writ Petitions. The contention raised by the Petitioners regarding the necessity of placing notifications before Parliament was rejected based on the Supreme Court's interpretation that such requirements were directory, not mandatory. Consequently, the Writ Petitions were dismissed, and the connected Miscellaneous Petitions were closed without costs.
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