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2020 (3) TMI 85

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..... sulted in assigning case code APO to this appeal. This is coupled with the omission in the said Rules to indicate which Bench would have the determination to entertain such an appeal, which has resulted in the aforesaid order of assignment. Although, the High Court has inherent power to frame rules, and rules have also been framed to regulate the procedure of hearing of appeals under various enactments, rules of procedure for hearing of appeals under the 2002 Act are conspicuous by its absence in the said Rules or elsewhere in the Original Side Rules and this we view as a serious omission, which must be addressed at the earliest. Since the appeal has been registered with case code APO and assigned to us, we have proceeded to consider .....

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..... ral Excise Act and the Foreign Exchange Regulation Act are registered as CUSTA , CEXA and FERA , respectively. However, such Rules relating to Computerization of the Cause List of the Original Side is conspicuously silent as to what would be the code number for an appeal that is carried in terms of and/or under the Customs Act and the Central Excise Act. Be that as it may, presently we are not concerned with an appeal under any of the Acts referred to in Rule 1 of the said Rules. Turning to the case at hand, we find that an appeal under section 42 of the Prevention of Money Laundering Act, 2002 (hereafter the 2002 Act) has been filed by the Central Government and the same has been registered as APO. Mr. Banerjee, learned .....

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..... n appeal, which has resulted in the aforesaid order of assignment. Although, the High Court has inherent power to frame rules, and rules have also been framed to regulate the procedure of hearing of appeals under various enactments, rules of procedure for hearing of appeals under the 2002 Act are conspicuous by its absence in the said Rules or elsewhere in the Original Side Rules and this we view as a serious omission, which must be addressed at the earliest. We, accordingly, direct the registry to bring such omission once again to the notice and knowledge of the Hon ble the Chief Justice on the administrative side for considering the desirability of making a reference to the appropriate Special Committee that has been constituted .....

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