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2010 (4) TMI 362

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..... mpugned order and substitute the reference to the Baggage Rules, 1994 (wherever such reference is appearing) with that of Baggage Rules, 1998 and direct that the impugned order be read accordingly. Rest of the order shall remain as it is. - 390 of 2010 - - - Dated:- 13-4-2010 - V.C. Daga and K.K. Tated, JJ. Shri K.K. Shroff i/b Akshar Laws, for the Petitioner. S/Shri R.V. Desai, Sr. Adv .....

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..... learned Counsel for the petitioner urged that the Baggage Rules, 1994 are superseded by the Baggage Rules, 1998. He, thus, submits that the appellate Tribunal has committed serious error of law in directing the authority to reconsider the issue afresh in the light of the Baggage Rules, 1994 in general and explanation to Rule 11 thereof in particular. That such directions could have been issued in .....

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..... made by the learned Counsel for the petitioner and suggestions given by Mr. Desai need acceptance. The Baggage Rules, 1994 could not have been relied upon or pressed into service by the lower Appellate Authority. No directions to the Adjudicating Authority could have been given to decide the matter afresh on the basis of Baggage Rules, 1994 which stood repealed. 7. Accepting the joint suggestion .....

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