2014 (4) TMI 197

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ellant : S.B. Saraf and Md. T.M. Siddiqui. For the Respondent : S.N. Bhattacharjee and Amritalal Chatterjee. ORDER :- 1. The Court : After hearing the learned advocates for the parties and after going through the grounds made in the application for condonation of delay, we condone the delay. 2. Accordingly, the application, being GA No.2584 of 2013, for condonation of delay is allowed.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to be granted a license if he is otherwise entitled and there are no cogent reasons in law for withholding the license." 4. Aggrieved by the order, the Commissioner of Customs has come up in appeal. 5. Mr. Saraf, learned Advocate for the appellants, submitted that the writ petitioner-respondent no.1 obtained the requisite qualification under the 1984 Regulations in the year 1991. He is a res....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the case of Sunil Kohli v. Union of India 2012 (285) ELT 481 (SC) in paragraph 16 of the judgment which reads as follows:      "16. The matter deserves to be considered from another angle. The Regulations framed by the Board under Section 146(2) of the Customs Act are in the nature of delegated legislation. The language of that section and other provisions of the Customs Act....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....that by framing Regulations 2004, the Board did not want to adversely impact the right of those who had qualified themselves in the examination held under the Regulations 1984. He submitted that this law laid down by the Hon'ble Supreme Court was sought to be violated by the appellants and the learned Trial Court had directed the authorities to treat him as a person duly qualified to apply. He....