Lawstreet Journal

State Not Private Litigant, Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice: SC

Lawstreet Journal 25 Jan 2020 9:31pm

Image courtesy: Lawstreet Journal Judiciary State Not Private Litigant, Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice: SC

Division bench headed by Justice Navin Sinha and comprising Justice Krishna Murari of the Supreme Court has on January 23, 2020 in the case of M/S. Granules India Ltd. v. Union Of India And Others held that the State as a litigant is not like a private litigant and it has a solemn duty to assist court of law in dispensation of justice. 

Facts of the case are as following:

The appellant had imported 96 tons of the chemical “Acetic Anhydride” through the Inland Water Container Depot (ICD), Hyderabad under the Advance Licence Scheme in 1993. Two Customs Notifications dated 19.05.1992 contained a scheme permitting import without payment of customs duty subject to fulfilment of certain norms and conditions. But these notifications were amended by on 25.11.1993, by which the subject imports became liable for duty, the exemption having been withdrawn. This new amended notification was further amended on 18.03.1994 permitting the import of the chemical without customs duty subject to certain terms and conditions. The clarificatory notification was necessitated to obviate the difficulties faced by the importers like the appellant, who had imported the chemical under the advance licence issued by the Director General of Foreign Trade prior to the amendment dated 25.11.1993. The appellant was allowed to clear the consignments without payment of duty. But later, he was denied any exemption on duty. After making submissions to the Commissioner (Appeals), he filed writ application before the HC. The HC denied to issue writ of mandamus for exemption reasoning that the… Continue Reading...

Tagged: Supreme Court of India   Supreme Court of India  
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