1988 (3) TMI 243

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....ndents Nos. 1 to 4 and Mr. Kumar Desai, i/b M/s. Little & Co., for Respondent No. 5. [Oral Judgment per : R.A. Jahagirdar, J.].  - This petition challenges the order dated 16th of December, 1980 passed by the Additional Chief Controller of Import and Exports, having his office at New Delhi, in an appeal preferred by the petitioners against the orders passed on 10th of January, 1980 and ....

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....rtain articles, such as, for example, thin-waited bearing which article the petitioners were not entitled to import because they are not manufacturing anything in the making of which this article is used. On the other hand, it is the case of the petitioners that looking to the industrial licence, which has been obtained by them, even after its amendments from time to time, they are entitled to man....

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....e, that part, in the instant case, being crankshaft, naturally, the petitioners would not have committed any offence or contravention of any rule or regulation. The basic question is whether the petitioners were, in fact, entitled to manufacture the crankshaft or whether they were entitled to manufacture parts of the internal combustion engine. This is disputed by the department on the basis of a ....

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....of the rule of natural justice which says that no authority at the time of passing an order shall rely upon a document, a copy of which has not been given to the person against whom the order is to be passed. In view of this I am constrained to set aside the orders passed in the instant case. After these orders are set aside, the authorities are free to issue a fresh notice and along with the fres....