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
- Whether a pre-repeal quasi-judicial import prohibition could support action against a later import freely permitted under the 1992 legislation.
Provisions considered
- Section 20, Foreign Trade (Development and Regulation) Act, 1992The Union failed to show that the particular 1986 order was saved so as to prohibit the 1997 import; continuing that prohibition would defeat the later liberalised regime. (¶ 4–8)
Held
- Import of these goods was not prohibited under the 1992 Act. The earlier order could not be used to continue a prohibition repugnant to the legislative decision to permit their import. (¶¶ 3–5, 8)
- Neither section 20’s savings nor the General Clauses Act supplied the asserted basis for preserving this order against the later import. The High Court rightly rejected the resulting show-cause action. (¶ 5–9)
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.