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Supreme Court of India 2020-08-26 dismissed

Union of India and Others vs Agricas LLP and Others etc

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This case involved transfer petitions challenging notifications under the Foreign Trade Act restricting imports of certain varieties of peas. The Supreme Court upheld the notifications, holding that the quantity limits specified apply per licensee, not in aggregate. The Court held that the Union cannot circumvent statutory conditions under Section 9A of the FTDR Act to impose quantitative restrictions, and domestic law must be construed in consonance with India's GATT obligations. Importers who continued importing under interim orders despite dismissal of their writ petitions lacked bona fide belief and must face consequences under customs law. All writ petitions were dismissed.

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International Trade Administrative Law Foreign Trade Regulation Quantitative Restrictions GATT Customs Writ Petitions

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