TMI Blog2002 (8) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... ted in 2001 (134) E.L.T. 596 (S.C.) in support of his submission. 3.This contention sought to be raised has not been raised in the return or counter affidavit filed before this Court as back as in the month of February, 1989. This objection is being raised for the first time during the course of oral submission when this petition is being heard finally. 4.The learned Counsel appearing for the Petitioner, in reply, took us through the contents of the petition as well as show cause notice and the averments made therein. He pointed out from Para 5 of the impugned show cause notice that the alleged adverse material on which reliance was being placed in the show cause notice was collected at Bombay. The alleged adverse material sought to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the rival submissions, we are unable to accept the preliminary objection raised by the learned Counsel for the Respondents for the first time during the course of oral submissions with respect to the territorial jurisdiction of this Court to adjudicate upon this writ petition. Hence, objection in this behalf is overruled being without any substance. 6.So far as merits of this matter is concerned, the contents of the show cause notice would unequivocally go to show that no allegations of the alleged conspiracy alleged to have been hatched by the Petitioner with Mr. Kanti Lal Parekh, M/s. J.M. Kawadkar Co., Virendra Kumar Handa and Tejinder Singh are to be found in the show cause notice served on the Petitioner although adverse findin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Brajlal Manilal Co. v. Union of India and another reported in 1964 Mah. L.J. 500 (S.C.) wherein the Apex Court held as under : "If the report of the State Government made any points against the representations made by the appellants and these were being taken into consideration by the Union Government, in common fairness, the appellants were entitled to be informed as to what these were and an opportunity to point out how far they militated against the contentions raised by them." "We have, therefore, no hesitation in holding that the order of the Central Government now under appeal is vitiated as being contrary to the principles of natural justice, in that the decision was rendered without affording to the appellants a r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
