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2010 (10) TMI 162 - HC - CustomsWrit jurisdiction – Alternative remedy – writ petition filed against rejection of refund claim on ground of non-submission of original documents – revenue contending that order passed in 2008 and petition time barred - Court has indicated exceptions to the rule of alternate remedy and pointed out that where fundamental rights are sought to be enforced, where principles of natural justice are violated and where orders are bad for want of jurisdiction, the rule of alternate remedy will not be insisted superior courts - order is passed without authority of law, and therefore, the exception which applies to orders passed without jurisdiction – Held that: - claim which has been considered and rejected by the Customs Officer. Therefore, the order cannot be said to be one without jurisdiction - exception pointed out by the Apex inapplicable – Petition dismissed
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