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2016 (10) TMI 266 - CALCUTTA HIGH COURT

2016 (10) TMI 266 - CALCUTTA HIGH COURT - 2016 (342) E.L.T. 510 (Cal.) - Principles of natural justice - maintainability of a petition when an alternative remedy of appeal available - writ jurisdiction - voluntary statement under Section 108 of the Customs Act, 1962 - Held that: - The petitioner being well aware of the proceedings had chosen not to participate therein. The plea of breach of principles of natural justice is therefore, not available to the petitioner. The petitioner has not establ .....

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u Banerjee, Mr. Pradeep Sancheti, Ms. Payal Saha, Advs. for the petitioner Mr. R.N. Das, Sr. Adv. Mr. Bhaskar Prosad Banerjee, Adv. for the respondents ORDER The Court : The petitioner has assailed an adjudication order passed by the Commissioner of Customs (Port), Kolkata. Learned Advocate for the petitioner has submitted that, although the impugned order is appealable, the writ petition is maintainable against the impugned order in view of the fact that, principles of natural justice have been .....

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titioner has relied upon (1986) 4 Supreme Court Cases 537 (Institute of Chartered Accountants of India vs. L.K. Ratna & Ors.), (1998) 8 Supreme Court Cases 1 (Whirlpool Corporation vs. Registrar of Trade Marks, Mumbai & Ors.) and (2003) 2 Supreme Court Cases 107 (Harbanslal Sahnia & Anr. vs. Indian Oil Corpn. Ltd. & Ors.). Learned Advocate for the Customs has submitted that, the petitioner was issued show cause notice at the address made available to the Custom Authorities. He ha .....

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n (supra) and Harbanslal Sahnia (supra) are of the view that, the writ jurisdiction is not ousted by the availability of an alternative remedy. It is a rule of discretion and not one of compulsion. In an appropriate case, in spite of availability of the alternative remedy, the High Court may still entertain the writ petition if such petition seeks to enforce any fundamental right, where there is failure of principles of natural justice or where the orders or proceedings are wholly without jurisd .....

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