Petitioners challenged proceedings based on the timing of gazettal of an amended Notification. The court relied on a prior idol judgment noting the gazettal date and held that no issue survives.
Rule discharged. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3278 OF 1988
M/s R.Piyarelal Import and Export (Pvt) Ltd
.. Petitioners
Vs.
The Union of India & ors .. Respondents
with WRIT PETITION NO.3620 OF 1988
M/s Allana Cold Storage Pvt. Ltd .. Petitioner
Vs
The Union of India & ors .. Respondents
Ms.Priya Khaitan i.b Khaitan & Jaykar for Petitioners Mr.A.S.Rao for Respondents
CORAM : F.I.Rebello and J.H.Bhatia, JJ DATED : 22nd April, 2009
P.C. 1. In both the petitions, the issue is limited. The petitioners have proceeded on the footing that
the amended Notification was not gazetted as on 5th
October,1988 when they filed the Bill of Entry.
| 2. | In | Kus | um | Trad | ing Comp |
any | vs Union |
of | India | 1999 |
|---|---|---|---|---|---|---|---|---|---|---|
| (108) | E.L.T. | 353 | (Bom) | learne | d bench |
of | this | Court | ||
| noted | that | the | Notification | was |
gazett | ed | in | |||
| Government | Gaz | ettee | dated | 3rd | October,1988. | Once |
that be the case, nothing survives in these
petitions. Rule discharged. No order as to costs.
{ J.H.Bhatia, J }
{ F.I.Rebello, J }
1 issue framed by the court
Whether the petitions survive given that the amended Notification was gazetted before the filing of the Bill of Entry.
Colour shows how this judgement treated each authority
Kusum Trading Company vs Union of IndiaDistinguished¶17
Kusum Trading Company vs Union of India 1999 (108) E.L.T. 353 (Bom)
1 provisions across 1 enactments
M/s R.Piyarelal Import and Export (Pvt) Ltd
M/s Allana Cold Storage Pvt. Ltd
The Union of India
F.I.Rebello
J.H.Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
