9911796707
|
Home
Issues: Consideration of applications under Clause 8 of the Customs House Agents [Licensing] Regulation, 1984 following a Division Bench judgment declaring the clause invalid.
Analysis: The High Court of Judicature at Calcutta took up writ petitions where the petitioners sought direction for Customs Authorities to consider their applications under Clause 8 of the Customs House Agents [Licensing] Regulation, 1984. The Regulation, particularly Clause 8, was previously deemed invalid by a Division Bench of the Court. Subsequently, the Union of India and some petitioners filed a Special Leave Petition (SLP) before the Supreme Court, leading to an interim stay on the Division Bench's judgment. The Supreme Court later modified the stay to status quo as of August 8, 1994. Despite these legal developments, the Customs Authorities had been granting licenses based on court directions since 1994. The High Court opined that the Supreme Court's status quo order did not bar the Customs Authorities from considering the pending applications. Consequently, the Court directed the Customs Authorities to process the applications for temporary CHA licenses under Regulation 8 within a month. The Court clarified that its direction to consider the applications did not establish a precedent or confer future rights on the petitioners. Notably, since no affidavit-in-opposition was filed, the allegations in the writ petitions were not deemed admitted. Ultimately, the Court disposed of the writ applications without any cost orders. All parties were instructed to act on the signed copy of the order provided, following the usual undertaking.
|
