Home Case Index All Cases Customs Customs + HC Customs - 2017 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 1167 - HC - CustomsMaintainability of petition - case of appellant is that since the order impugned was passed in violation of the principles of natural justice, the appellant is entitled to maintain a writ petition, by-passing the statutory alternative remedy - Held that:- Although, admittedly, the Statute contains conditions for maintaining an appeal before the Tribunal, in the writ petition, there was no challenge against such statutory prescriptions. In the absence of any such challenge, the appellant cannot set up any plea with respect to the onerous nature of the statutory preconditions to maintain an appeal and is bound to comply with those conditions. In such circumstances, this Court also cannot relax such statutory prescriptions. Principles of natural justice - Held that:- It is true that violation of principles of natural justice is a ground entitling a litigant to invoke the extraordinary constitutional remedy before this Court. However, a reading of the impugned order shows that this plea has also been specifically dealt with by the adjudicating authority and on facts, the authority has come to a conclusion that the appellant was afforded all reasonable opportunities to explain his case and that principles of natural justice has been complied with - In such a case, only on a factual adjudication of the contentions of the appellant, a decision on his plea of violation of principles of natural justice can be taken. Appeal is devoid of merit and is dismissed.
|