Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
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