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2009 (8) TMI 771

..... ed is the Export Policy, which is similar to the terms of the Treaty and, therefore, it cannot be said that the Treaty is sought to be implemented in absence of local statute - Appeal is dismissed - 8177 of 2009 - 20-8-2009 - A.L. Dave and K.A. Puj, JJ. REPRESENTED BY : Shri R.C. Saxsena, Advocate for M/s. Trivedi & Gupta, for the Petitioner. [Order per : A.L. Dave, J. (Oral)]. - By this petit .....

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..... der or direction prohibiting the Respondents, their servants or agents from enforcing the impugned orders. (D) Your Lordships may be pleased to stay the enforcement of the impugned order against petitioner No. 1 pending disposal of the petition. (E) Your Lordships will be pleased to grant any other appropriate relief, pass any such and further order in the interest of justice. 2. Heard learne .....

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..... t 9 instances, where domestic law came to be enacted to lend sanction to a Treaty so as to bind the citizen of India. Mr. Saxsena submitted that licences were issued to the petitioners for export and import of these very goods by the respondent authorities themselves and, therefore, also in absence of a domestic statute, they cannot penalise the petitioners. 4. We have given a thoughtful cons .....

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..... be said that the Treaty is sought to be implemented in absence of local statute. The entire petition is, therefore, founded on an erroneous belief or is an attempt on the part of the petitioners to circumvent the provisions under the garb of challenge to the provisions of the Export Policy, as being constitutionally invalid. 5. A reference to the order dated 15th/20th April, 2005 (Annexure-D) .....

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..... y be noted that the petitioners have not been able to show any licence which permitted export to the Country in question. What is indicated is that the petitioners have been granted Duty Free Replenishment Certificate, which would only indicate import of certain goods and, therefore, this contention cannot be accepted. 7. For the foregoing reasons, the petition must fail and stands dismissed. .....

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