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2018 (1) TMI 837 - HC - CustomsConstitutional Vires of sub-para (i) of paragraph 3 of Notification No. 43(RE-2013) 2009-2014 dated 25th September, 2013 and sub-para (i) of paragraph 2 of Notification No. 44(RE2013) 2009-2014 dated 25th September, 2013 - non-speaking order. Held that: - Sub-Section (4) of Section 9 of the Foreign Trade (Development and Regulation) Act, 1992 mandates and requires the authority to pass a reasoned and a speaking order - This is a specific direction of the Court and in case a speaking and a reasoned order is not passed, appropriate directions and orders, adverse comments, including imposition of costs may be required and can be made - the respondents are expected to abide by the said stipulation. Petition allowed - decided in favor of petitioner.
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