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august 2020

Supreme Court of India · 2020-08-26

UNION OF INDIA vs AGRICAS LLP

Citation / case number
SC 2020/5012
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
AGRICAS LLP
Author
HON'BLE MR. JUSTICE SANJIV KHANNA
Bench
HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE MR. JUSTICE DINESH MAHESHWARI, HON'BLE MR. JUSTICE SANJIV KHANNA

Judgment text excerpt

The Supreme Court examined the validity of notifications dated 29th March 2019 under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992, which amended import policy conditions. The Court held that the notifications were not in accordance with the provisions of the Act, particularly sub-section (2) of Section 3 and the bar under sub-section (3) of Section 6, leading to the conclusion that the excessive delegation of authority was impermissible. Consequently, the Court disposed of the writ petitions challenging these notifications, affirming the need for adherence to statutory provisions in foreign trade regulations.

UNION OF INDIA vs AGRICAS LLP · Niyam