The HC determined that the communications (Exts.P2 to P5) issued ...

Shipping Authority's Communications Invalidated for Imposing Unauthorized Conditions Beyond Public Notice Terms

March 25, 2025

Case Laws     Customs     HC

The HC determined that the communications (Exts.P2 to P5) issued by the 3rd respondent contradicted the express terms of the Public Notice (Ext.P1) by imposing conditions not originally contemplated. The Court found that respondents failed to identify any regulatory authority that would permit interference with contractual terms between shipping lines and shippers/recipients through such notices. The Court emphasized that in the absence of explicit statutory or contractual authorization, administrative powers cannot be inferred that would restrict freedom of contract between parties. Consequently, the Court set aside the impugned communications as legally flawed and contrary to the Public Notice, ruling that administrative notices cannot be interpreted to interfere with private contractual relationships. Appeal allowed.

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