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No license can be cancelled without proper opportunity of hearing

Raj Kumar Makkad ,
  27 November 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Cancellation of the registration certificate issued to act as Exporter - Whether action of cancellation fair and in compliance with principles of natural justice?
Citation :
ORYX Fisheries Private Limited Vs. Union of India (UOI) and Ors. (Decided on 29.10.2010) MANU/SC/0921/2010

Held, in the instant case the alleged guilt of the Appellant has been prejudged at the stage of show cause notice itself. The cancellation order quotes the show cause notice and is a non-speaking one and is virtually no order in the eye of law. Since the same order is an appealable one it is incumbent on the third Respondent to give adequate reasons. The court was constrained to observe that unfortunately the matter was not considered by the High Court. Therefore, the order of the High Court could not be approved .The cancellation of the registration certificate of the Appellant be set aside and the registration to be declare valid if it was not vitiated for any other reason.

 
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Published in Corporate Law
Views : 2852




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