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Customs - Highlights / Catch Notes

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Maintainability of petition before HC - High Court has rejected ...

Customs

November 1, 2023

Maintainability of petition before HC - High Court has rejected the contention on alternate remedy because Respondent No.2 (Adjudicating authority) has not even examined the merits of the case when there was a binding order of CESTAT - On facts, the High Court was right in exercising the extraordinary jurisdiction under Article 226 of the Constitution of India, notwithstanding the availability of statutory remedy. - SC

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