New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (9) TMI 88 - DELHI HIGH COURT

2015 (9) TMI 88 - DELHI HIGH COURT - 2015 (322) E.L.T. 436 (Del.) - Goods at duty free shops are imported into India Appellants consignment was not cleared by Custom Authorities for reason that consignment being of food products, required NOC from FSSAI Though goods were later cleared, appellant filed petition before Single Judge seeking clarification that goods subject matter of consignment being meant for sale in Duty Free shops, cannot be treated as imported into India and that said goods .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t some time is taken in engaging advocates, preparing and filing the petition, listing thereof in Court and in hearing of petition even qua interim relief claimed and during all of which time goods would not be released Settled position in law that opposite party to litigation cannot defeat lis validly brought before Court by contending that cause of action had disappeared Appeal allowed Order of Single Judge disposing of petition set aside Writ Petition restored - Decided in favour of A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ahai Endlaw, J. 1. This intra court appeal impugns the order dated 14th January, 2015 of the learned Single Judge disposing of W.P.(C) No.6693/2014 preferred by the appellant as infructuous, leaving open the question of law raised therein. 2. We have heard the counsel for the appellant, and the counsel for the respondents No.1&2 Union of India (UOI), the counsel for the respondent No.3 Food Safety and Standards Authority of India (FSSAI) and the counsel for the respondent No.4 Commissioner o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ducts particularly chocolates, for sale at its Duty Free shops; (iii) that the shelf life of these products is an average of six months and the said products, if not sold within the shelf time, become unsaleable, to the loss and detriment of the appellant; (iv) however the said consignment was not cleared by the Custom Authorities for the reason that the consignment being of food products, required No Objection Certificate (NOC) from the FSSAI; and, (v) that the FSSAI however refused to give the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iled. The writ petition was also accompanied with an application for interim relief for immediate release of the consignment of goods received on 25th July, 2014. 4. The writ petition aforesaid was listed before the learned Single Judge on 14th January, 2015 when the counsels for UOI and the Customs informed that the consignment received by the appellant on 25th July, 2014 and owing to non-clearance of which, the writ petition had been filed, had been cleared. The counsel for the appellant also .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

situation, as had arisen with respect to the consignment received on 25th July, 2014, from time to time and if the appellant is compelled to file a fresh writ petition on a future date when it again faces the same problem, it will result in delay even then in release of the consignment with the consequent likelihood of the goods subject matter of the consignment being wasted. It is contended that it was for this reason that the learned Single Judge was requested, inspite of the consignment owing .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

some time is taken in engaging advocates, preparing and filing the petition, listing thereof in the Court and in hearing of the petition even qua the interim relief claimed and during all of which time the goods would not be released. It thus cannot be said that the petition had worked itself out in so far as the appellant was concerned, as has been observed by the learned Single Judge. We may also record that the relief claimed by the appellant in the writ petition also was not qua the consignm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tandards Act, 2006 pertaining to import of articles of food into India cannot be applied to such consignments; and, (iii) to restrain FSSAI from applying Food Safety and Standards Act or the Regulations thereunder vis-a-vis the Duty Free shops and to mandate the Customs Authorities to clear the said consignments without insisting on NOC from FSSAI. The writ petition claiming such reliefs could not have been said to have become infructuous, upon one consignment being cleared. 7. The Supreme Court .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

should consider the validity of the license for 1954-55 for the reason that if such grant was held to be a nullity, it would result in a vacancy and in filling up of which the appellant may be found eligible. It was thus held that the appeal had not become infructuous. The celebrated Advocate H.M. Seervai in his book Constitutional Law of India - A Critical Commentary, Fourth Edition, Volume 2, para 11.241 at page 1117 has authored, Petitions challenging the grant of Govt. contracts for 1 year, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e dismissed as futile in respect of an order passed from time to time (which has expired when the petition is heard) when the power to pass that kind of order is challenged. Thus, if the Police Commr. bans a procession each year during a particular religious festival, and the persons aggrieved dispute his right in law to do so, by a petition promptly filed, the court ought to determine the right on the merits, even if the order imposing the ban has expired when the petition is heard, for to dism .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version