VidhiSangh

Supreme Court of India · 21/08/2019

UNION OF INDIA versus T. R. MEHRA ETC. ETC.

[2019] 11 S.C.R. 278 · 2019 INSC 929

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld invalidation of action based on a 1986 import-control order in relation to goods imported in August 1997. The 1992 foreign-trade legislation had opened import of the goods, and the Union could not identify a saving of the earlier quasi-judicial prohibition that would justify restricting that later import. Giving the old order that effect would contradict the new statutory regime.

Issues

  1. Whether a pre-repeal quasi-judicial import prohibition could support action against a later import freely permitted under the 1992 legislation.

Provisions considered

Held

Result

Union’s appeals dismissed; High Court’s rejection of action founded on the 14 November 1986 order sustained for the later import under the 1992 regime. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 278.