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Customs - Highlights / Catch Notes

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Power of High Court to entertain writ petition - alternative ...


High Court dismisses petitions, directs appeals to CESTAT; no penalty for delays due to court proceedings.

May 4, 2024

Case Laws     Customs     HC

Power of High Court to entertain writ petition - alternative efficacious remedy u/s 129A - The court decided not to entertain the petitions on the basis of the alternative remedies available and the non-fulfillment of the requests for procedural rights not resulting in substantial prejudice that couldn't be remedied through the appeals process. The court dismissed the petitions but allowed the petitioners to appeal to the CESTAT, instructing the tribunal to consider their appeals without regard to the delay caused by the High Court proceedings.

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