Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Collector of Customs could impose a restriction that only one qualified person could sign and transact business for one Customs House Agent licence held by a partnership firm.
Analysis: The Regulations governing Customs House Agents provided for temporary and regular licences, qualification through the prescribed examination, and conditions for operation under Regulation 10, but contained no provision authorising the Collector to limit a valid licence-holder to a single signing person for each business unit. An administrative practice, even if intended to prevent fraud or monopoly, could not create a restriction unsupported by the Regulations. If any such restriction was considered necessary, the proper course was amendment of the Regulations, not unilateral imposition by the Collector.
Conclusion: The restriction was authority of law and invalid; the impugned order was liable to be quashed, in favour of the petitioner.
Ratio Decidendi: A licensing authority cannot impose operational restrictions on a valid licence-holder unless the governing regulations expressly or impliedly confer such power; administrative practice cannot override the regulations.