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ISMT Ltd. Versus The Union of India and others

2011 (8) TMI 1243 - BOMBAY HIGH COURT

WRIT PETITION NO.6010 OF 2011 - Dated:- 1-8-2011 - DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. Mr. Prakash Shah with Mr. Ayush Agarwal i/b PDS Legal for the Petitioner. Mr. Pradeep S. Jetly with Mr. Jitendra B. Mishra for the Respondents. ORDER 1. R .....

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reventive) Alibag Division (Exhibits A1 to A3) by which they have been informed that the Deputy Commissioner of Customs, who was nominated by the Commissioner of Customs for finalization of the provisional assessments of certain bills of entry, under .....

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d to have been short paid. 3. The grievance of the Petitioners is that ( i) No hearing was afforded to them by the Deputy Commissioner of Customs; (ii) No speaking order has been passed and (iii) Even the elementary principles of natural justice have .....

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the course of the hearing, it has been stated before the Court by Counsel appearing on behalf of the Respondents that the Petitioners were not afforded an opportunity of being heard by the authority which passed the order. That being an admitted pos .....

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of compliance of the principles of natural justice. 4. In Automotive Tyre Manufactures Asson v. Designated Authority 2011 (263) E.L.T. 481 (S.C.) the Supreme Court held that if one person hears and another decides, a personal hearing would become an .....

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backlog of matters, that would afford no justification for the department not to comply with fundamental principles of natural justice. Efficiency in the disposal of quasi judicial proceedings is important but, that cannot be at the cost of overridi .....

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