Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Reliance Communications Limited Versus Union of India & Ors.

2015 (10) TMI 2145 - BOMBAY HIGH COURT

Failure of the DGFT to pass the orders as per the directions of the Apex Court - No endeavour has been made to seek an extension and for passing an order or taking a decision in terms of the order of this Court referred above. - Held that:- Court do not countenance such state of affairs and particularly from the Directorate of Foreign Trade, the Director General of Foreign Trade or the Joint Director of Foreign Trade having his office at Mumbai. In the circumstances, we grant the time prayed but .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a/ Central Government. - Petition disposed of. - WRIT PETITION NO. 1530 OF 2014 - Dated:- 30-7-2015 - S.C. Dharmadhikari & G.S. Kulkarni, JJ. Mr. J.J. Bhatt, senior counsel with Mr.J.H. Motwani and Mr. Gopal and Mundra i/b Economic Laws Practice : For the Petitioner. Mr. Pradeep S. Jetly with Mr. Dhanesh R. Shah : For the Respondents. ORDER 1. An order passed by this Court on 9th May, 2014, directed the competent authority to decide the petitioner's application latest by 30th June, 2014 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

take a decision and which decision must be an order assigning reasons. It is trite that no order of the Government can be said to be such and partaking the nature of a binding direction unless it is made in accordance with the business Rules and duly communicated. No compliance is reported of this Court's order till date, save and except an oral explanation that the understanding of the authorities was that they are required to release some amounts. That some amounts have been released or s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

We, the people of India, i.e., Bharat, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic Republic. The sovereign power is distributed among the Legislature, the Executive and the Judiciary with checks and balances but not in water-tight rigid mould. In our democracy governed by the rule of law, the Judiciary has expressly been entrusted with the power of judicial reviews as sentinal in qui vive. Basically judicial review of administrative actions as als .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ate is to obey the law. The more the administrative action in our welfare State expands widely touching the individuals, the more is the scope of judicial review of State action, Judicial review of administrative action is, therefore, an essential part of rule of law. The judicial control on administrative action, thus, affords the Courts to determine not only the constitutionality of the law but also the procedural part of administrative action as a part of judicial review. The Constitution has .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

trine of ''full faith and credit'' applied to the acts done by the officers and presumptive evidence of regularity of official acts done or performed, is apposite in faithful discharge of duties to elongate public purpose and to be in accordance with the procedure prescribed. It is now settled legal position that the bureaucracy is also accountable for the acts done in accordance with the rules when judicial review is called to be exercised by the Courts. The hierarchical respons .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

m responsible at the pain of disciplinary action. The object thereby is to ensure compliance of the rule of law. 4. The Constitutional Courts exercise their power of judicial review with constraint to ensure that the authorities on whom the power is entrusted under the rule of law or confided, is discharged truely, objectively, expeditiously for the purpose for which substantive acts/results are intended. The petitioner being a member of the permanent executive, is enjoined to comply with the or .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ve explanation to the Court as to the circumstances in which they could not comply with the direction issued by the Court or if there was any unavoidable delay, they should have sought further time for compliance. Unfortunately, neither of the steps have been taken by the officer in that regard. Therefore, the High Court was constrained to impose the costs personally against him for non-compliance of the order. 5. It is true and we are alive to the fact that when the officer is to take steps as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r giving notice and reasonable opportunity to the officer who could not be impleaded earlier or was not on record, to explain the reasons for non-compliance of the order or decision taken to file the proceedings. Take for instance, delay in filing of an appeal or revision. It is known fact that in transaction of the Government business, none would own personal responsibility and decisions are leisurely taken at various levels. It is not uncommon that delay would be deliberately caused to confer .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| 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