Case Note & Summary
The dispute arose from actions taken against the respondents based on a quasi judicial order dated 14.11.1986 under the Imports (Control) Order, 1986. The import of goods by Obron Impex (Pvt.) Ltd. occurred in August 1997, after the enactment of the Foreign Trade (Development and Regulation) Act, 1992, which did not prohibit the import of the stated goods. The appellants contended that the Act contained a savings clause that would preserve the validity of the earlier order. However, the High Court concluded that the provisions of the 1992 Act did not save the quasi judicial order, as it conflicted with the legislative intent to liberalize imports. The court noted that any interpretation validating the earlier order would undermine the repeal of the Imports (Control) Order, 1986. The appellants failed to demonstrate how the order would be covered by the savings clause in Section 20 of the Act. Consequently, the Supreme Court dismissed the appeals, affirming the High Court's decision that the show cause notice based on the 1986 order could not withstand judicial scrutiny. The court emphasized that the repeal of the earlier statutory framework rendered the quasi judicial order ineffective, aligning with the spirit of the 1992 Act.
Headnote
A) Administrative Law - Quasi Judicial Orders - Validity of Orders Post-Repeal - Foreign Trade (Development and Regulation) Act, 1992, Section 20 - The court held that the quasi judicial order dated 14.11.1986 could not be enforced after the enactment of the 1992 Act, which made imports free, thus rendering the earlier order repugnant to the new legislative intent. The court found that the savings clause did not apply to the order in question, leading to the dismissal of the appeals (Paras 2-4).
Issue of Consideration
Whether the quasi judicial order dated 14.11.1986 is saved under the Foreign Trade (Development and Regulation) Act, 1992.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's ruling that the quasi judicial order dated 14.11.1986 could not be enforced under the Foreign Trade (Development and Regulation) Act, 1992.
Law Points
- Quasi judicial orders
- savings clause
- repeal of statutes
- import regulations
- legislative intent
