1986 (2) TMI 73

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....hers have challenged a show cause notice dated 19th July 1984 and also a circular dated 31st January 1984 by which it is alleged that the petitioners' licence Nos. 145/83 and 146/83 respectively were sought to be cancelled. The show cause notice has not been annexed to the petition. It has been stated by the petitioners that a copy of the circular was never furnished to the petitioners by the Cust....

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....2 is of indefinite duration. The Customs authority has no right to refuse to grant the extension of the licence once it has been granted. My attention was drawn to the conditions under which a licence is issued/renewed which, inter alia, provides as follows : "8. The licence holder shall apply for renewal of the licence so that the application for renewal of the licence (in prescribed form) sho....

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.... the General Clauses Act that a power may be exercised from time to time and a power to do a certain thing includes the power to do that thing temporarily. In this case, the licence was issued for a limited duration. The renewal of licence cannot be an automatic process. The licence holder has to apply in the prescribed form to the licensing authority and the said authority has to apply its mind w....

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....stated on behalf of the petitioners that they have already applied for renewal of the licence. I direct the respondents to deal with and dispose of the application for renewal of licence of the petitioners with an open mind and having regard to the facts and circumstances of the case, after giving the petitioners an opportunity of hearing in the matter. The licensing authority is directed to pass ....