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1959 (12) TMI 1 - SC - CustomsWhether the provision for cancellation of licences on the ground that they have been obtained by fraud or misrepresentation is “a reasonable restriction in the interests of the general public” on the exercise of the petitioners’ right under Article 19(1)(f) and (g)? Held that:- On a consideration of the entire background in which the notice for cancellation was issued, what was stated by the petitioners in their letter dated September 27, and what we find to have taken place at the interviews on the 30th September and the 14th October, specially the fact that the Company’s representatives appeared to have been more concerned to show that the Company was not a party to the fraud than to show that there was no fraud practised at all, we are of opinion that the omission to give further particulars or inspection of papers did not deprive the petitioners of a fair chance of convincing Mr. Bilgrami that the grounds on which cancellation of the licences was proposed did not exist, or even if they existed, they did not justify cancellation of the licences. We are therefore of opinion that the opportunity that was given to the petitioners in the present case amounted to a reasonable opportunity of being heard against the action proposed. Appeal dismissed.
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