9911796707
|
Home
Issues:
Challenge to notice by Director General of Foreign Trade regarding export obligation period extension; Territorial jurisdiction of High Court under Article 226 of the Constitution. Analysis: 1. The petitioners challenged a notice from the Director General of Foreign Trade (DGFT) regarding the extension of the export obligation period. The petitioners contended that part of the cause of action arose within the territorial jurisdiction of the High Court, allowing them to invoke Article 226 of the Constitution for the writ petition. 2. The concept of part of the cause of action in writ jurisdiction was discussed, emphasizing that the location of the affected person or the cause of action within the jurisdiction enables the court to intervene. Various judgments were cited to support the argument that if a part of the cause of action arises within the court's jurisdiction, it can entertain the petition under Article 226(2) of the Constitution. 3. The impact of laws varies, and the application of principles may differ based on the nature of the law involved. It was argued that the cause of action in fiscal laws arises where the machinery of assessment is set in motion, leading to a legal cause of action within the territorial limits of the state. 4. The respondents argued that recent judgments, including one by the Supreme Court, clarified the jurisdictional aspects regarding the cause of action. The Supreme Court's stance on territorial jurisdiction in criminal cases was highlighted to differentiate it from civil law jurisdiction. 5. The High Court emphasized that to entertain a writ petition, the court must be satisfied that the facts pleaded constitute a cause of action within its jurisdiction. Mere receipt of a notice was deemed insufficient to create a cause of action for invoking writ jurisdiction, necessitating a nexus between the facts and the dispute. 6. The judgment concluded that the cause of action cannot be predetermined and must be based on the specific fact situation of each case. In this instance, the court found no balancing factor to establish a part of the cause of action within its jurisdiction, leading to the dismissal of the writ petition without costs. 7. The judgment allowed the petitioners to seek appropriate jurisdiction of the Court in the future, ensuring that the dismissal did not affect their ability to approach the Court if advised to do so. Certified copies of the judgment were to be provided to the parties, and all parties were instructed to act accordingly based on the operative part of the judgment.
|
