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2014 (4) TMI 197 - CALCUTTA HIGH COURTGranting of CHA Licence - Regulations under Customs House Agents Licensing Regulations, 1984 & 2004 u/s 146(2) of the Customs Act - Held that:- Judgment in SUNIL KOHLI & ORS Versus UNION OF INDIA & ORS [2012 (10) TMI 638 - SUPREME COURT] followed -The Regulations framed by the Board u/s 146(2) of the Customs Act are in the nature of delegated legislation - The language of that section and other provisions of the Customs Act do not indicate that the Board is empowered to make Regulations with retrospective effect - Thus, the 2004 Regulations would operate prospectively and would not in any manner affect the eligibility and entitlement of those who had qualified the examination held under the 1984 Regulations for grant of licences to act as CHA - The saving clause contained in the opening paragraph of the 2004 Regulations unmistakeably show that while enacting the new Regulations, the Board did not want to adversely impact the right of those who had qualified the examination held under the 1984 Regulations because the nature of the examinations envisaged under the two sets of Regulations is substantially similar - Considering the Supreme Court decision in Sunil Kohli (supra), it is not possible for the appellants to refuse to give licence to the writ petitioner-respondent no.1 on the specific plea that he is qualified under the Regulations 1984 and not under the Regulations 2004 - No substance in appeal and thus dismissed – Decided against appellant.
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