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M/s Daniel And Samuel Logistics Pvt Ltd Versus The Commissioner Of Customs and Others

2015 (10) TMI 1723 - MADRAS HIGH COURT

Issuance of writ of certiorari calling for records relating to impugned order passed by respondent and quash the same - Petitioner contends that impugned order is in violation of principles of natural justice and without issuing any SCN and without h .....

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ing heard - Impugned order set aside - Decision made in case of A.M.Ahamed and Co .vs. Commissioner of Customs, Tuticorin [2013 (6) TMI 91 - MADRAS HIGH COURT] followed - Decided in favour of petitioner - Writ Petition (MD) No. 15443 of 2015 M.P(MD)N .....

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r Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorari calling for the records relating to the impugned order passed by the third respondent dated 30.03.2015 in F.No.S2/24/2010-CHA and quash the same. 2. Heard the sub .....

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owed Writ Petition, setting aside the impugned order. 4. As the learned counsel for the Petitioner has also pleaded before this Court that the impugned order is in violation of principles of natural justice and without issuing any show-cause notice a .....

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io laid down by this Court in the decision cited supra, which runs as follows: 5. On consideration, I find that the impugned order cannot be sustained. The order of prohibition is a final order passed by the authority not vested any power to exercise .....

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iolation of principles of natural justice on the face of it is arbitrary and thus not sustainable in law. 7. The Writ Petition accordingly is allowed. The impugned order is set aside. However, liberty is granted to the respondent to pass fresh order .....

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act the ratio laid down, which runs as follows: 5. The Apex Court in the case of Uma Nath Pandey vs State of Uttarpradesh, reported in 2010 (20) STR 268 (SC) - 2009 (237) ELT 241 (SC) held that violation of principles of natural justice is opposed to .....

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stice. It would be apt to quote paragraph 19 of the said judgement:- ''19. Natural justice is the essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental. The purpose of following the principles of .....

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