Director General of Foreign Trade Vs. Ms. Kanak Exports Latest Supreme Court Judgments Law Library. Director General of Foreign Trade and Another Vs. Ms. Kanak Exports and AnotherCivil Appeal No. Night On Earth. Civil Appeal No. 6. Civil Appeal No. 1. C350' alt='How To File A Case In Labour Court In Uae' title='How To File A Case In Labour Court In Uae' />Termination of labour contract Dubai Abu Dhabi UAE,Employment contract termination Dubai Abu Dhabi UAE,Labour law provisions for termination of employment. Civil Appeal No. 1. Transfer Case Civil No. Transfer Case Civil No. Transfer Case Civil No. Transfer Case Civil No. Transfer Case Civil No. Writ Petition Civil No. Transfer Case Civil No. Issuu is a digital publishing platform that makes it simple to publish magazines, catalogs, newspapers, books, and more online. Easily share your publications and get. UAE bad debts How runaway borrowers can clear names, return to UAE. A step by step guide on how loan defaulters can free themselves from debt or any legal liability. Writ Petition Civil No. Writ Petition Civil No. Transfer Case Civil No. Arising Out of Transfer Petition Civil No. A. K. SIKRI, J. Civil Appeal No. Civil Appeal No. 6. Civil Appeal No. 1. Civil Appeal No. 1. Transfer Case Civil No. Transfer Case Civil No. Transfer Case Civil No. Transfer Case Civil No. Writ Petition Civil No. Writ Petition Civil No. Export Import EXIM Policy 2. Central Government under Section 5 of the Foreign Trade Development and Regulation Act, 1. Act, which came into force with effect from April 0. The main purpose and objective of this Policy was to boost the exports. In furtherance of the same, a Special Scheme containing the provisions thereof was incorporated therein which gave certain kind of incentives to the exporters of some specified items. However, some amendments were made thereto vide Notification No. January 2. 8, 2. 00. On the same day, Public Notice No. RE 2. 00. 32. 00. Para 2. 4 of the said Policy, which was followed by Notification No. April 2. 1, 2. 00. Notification No. 4. April 2. 3, 2. 00. Vide Notification No. January 2. 8, 2. 00. Central Government sought to amend certain provisions of the EXIM Policy by inserting Notes 1 to 5, which was unpalatable to the exporters of the goods mentioned therein as, according to them, under the guise of the said Notes, some benefits which had already accrued to these exporters under the EXIM Policy were taken away. Vide Public Notice dated January 2. Government announced exclusion of export performance in relation to four classes of goods mentioned in para 2 thereof from computation of the entitlement under the Scheme and, at the same time, sought to disallow the import of agricultural products falling under Chapters I to XXIV of ITC HS under the said scheme. Thereafter, Notification No. April 2. 1, 2. 00. Section 5 of the Act on the same lines on which Public Notice dated January 2. The exporters of these goods, naturally, felt aggrieved thereby. There was an innocuous amendment to Notification No. April 2. 1, 2. 00. Director General of Foreign Trade for short, DGFT as an Officer to enforce these Notifications, ex officio Additional Secretary to the Government of India was also added. All such exporters who were affected thereby filed writ petitions in various High Courts, particulars whereof shall be taken note of hereinafter at the appropriate stage. The Bombay High Court in Writ Petition No. July 0. 4, 2. 00. The Gujarat High Court has substantially affirmed the validity of these Notifications while giving relief on one particular aspect. Insofar as judgments of Bombay High Court and Gujarat High Court are concerned, both the Union of India as well as the writ petitioners preferred Special Leave Petitions, in which leave was granted, and these are now converted as Civil Appeal No. Civil Appeal 5. 54 of 2. That apart, the Single Judge of the Gujarat High Court in one of the cases dismissed the writ petition and the LPA was filed by the said petitioner before the Division Bench of the High Court. Since the issue involved in these appeals is the same, which is raised in the LPA in the Gujarat High Court and still pending in the writ petitions filed in various High Courts, transfer petitions were filed by the Union of India seeking transfer of all those cases and to be heard along with these two appeals. Those transfer petitions were allowed. This is how all these cases are bunched together and heard simultaneously as the issue is substantially the same in all these matters. With this background reflecting the nature of these cases, we now proceed to discuss the main provision of the EXIM Policy and how the aforesaid Notifications have amended the provisions of that Policy. That would give an indication as to what kind of grievance is raised by these exporters in challenging the validity of these Notifications. The Act was passed to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from India and for matters connected therewith or incidental thereto. The Statement of Objects and Reasons of this Act stipulates that foreign trade is the driving force of economic activity. Technology, investment and production are becoming increasingly interdependent upon each other and foreign trade brings these elements together and spurs economic growth. The Imports and Exports Control Act, 1. Although it has been amended from time to time, the Act does not provide an adequate legal framework for the development and promotion of Indias foreign trade. Besides, in July, 1. August, 1. 99. 1, major changes in trade policy were made by the Government of India. The goals of the new trade policy are to increase productivity and competitiveness and to achieve a strong export performance. The Exports and Import Policy is a vital part of trade policy. The basic law governing foreign trade must serve as an instrument to create an environment that will provide a strong impetus to exports, facilitate imports and render export activity more profitable. It has, therefore, been considered necessary to enact a new law repealing the existing law. The Act intends to achieve these objectives. In order to achieve the aforesaid objectives, power is given to the Central Government under Section 3 of the Act to make provisions relating to imports and exports with primary focus on the development and regulation of foreign trade. Further, Section 5 specifically empowers the Central Government to formulate and announce the EXIM Policy. It reads as under 5. Export and import policy. The Central Government may, from time to time, formulate and announce, by notification in the Official Gazette, the export and import policy and may also, in the like manner, amend that policy. In order to carry out the purposes of this Act, DGFT is to be appointed by the Central Government as per the provisions of Section 6 of the Act. In addition to carrying out the purposes of this Act, DGFT is also supposed to advise the Central Government in formulation of the EXIM Policy. He is also made responsible for carrying out that Policy. However, sub section 3 of Section 6 empowers the Central Government to give the aforesaid functions of the DGFT even to other Officer subordinate to DGFT, except for powers conferred under Sections 3, 5, 1. Act. As already noted above, Sections 3 and 5 give certain powers to the Central Government and, therefore, these powers have to be exercised by the Central Government only and cannot be delegated to DGFT or an Officer subordinate to him. Sections 1. 5 and 1. Adjudicating Authority against any person committing contravention of provisions of the Act, Rules, Orders and EXIM Policy. Appeal lies to DGFT if the Adjudicating Authority, who passes the order, is an Officer subordinate to DGFT. In those cases, where the Adjudicating Officer is DGFT himself, appeal lies to the Central Government. Under Sections 1. Central Government. These powers of appeal and revision also cannot be delegated by virtue of Section 63 of the Act.