SINHA GOVINDJI versus THE DEPUTY CHIEF CONTROLLER OF IMPORTS AND EXPORTS AND OTHERS

SINHA GOVINDJI versus THE DEPUTY CHIEF CONTROLLER OF IMPORTS AND EXPORTS AND OTHERS

On the facts, there was a clear violation of Clause 10 of the Imports (Control) Order, 1955, which embodies the principles of natural justice; hence, the orders cancelling the licences were bad and must be quashed.

Parties
Petitioner: Sinha Govindji; Respondents: The Deputy Chief Controller of Imports and Exports and Others
Jurisdiction
India
Judgment Date
23 March 1961
Procedural Posture
Petitions Under Art. 32 of the Constitution of India for Enforcement of Fundamental Rights / Final Judgment
Outcome
Petitions allowed; cancellation orders quashed
Legal Topics
Natural Justice, Cancellation of Licences, Right to Be Heard, Article 19
Administrative Law Constitutional Law Import/export Regulation Natural Justice Cancellation of Licences Right to Be Heard Article 19

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Parties

Sinha Govindji

Petitioner

The Deputy Chief Controller of Imports and Exports and Others

Respondents

Procedural Posture

Petitions Under Art. 32 of the Constitution of India for Enforcement of Fundamental Rights / Final Judgment

Legal Issues

  1. 1 Whether cancellation of import licences without disclosing grounds and without providing a reasonable opportunity of being heard violates the principles of natural justice and Article 19 of the Constitution

Ratio Decidendi

On the facts, there was a clear violation of Clause 10 of the Imports (Control) Order, 1955, which embodies the principles of natural justice; hence, the orders cancelling the licences were bad and must be quashed.

Court Disposition

Petitions allowed; cancellation orders quashed

Orders

  • The writ petitions are allowed; the orders cancelling the licences are quashed; petitioner entitled to costs with one hearing fee.