The Supreme Court has ruled that the government cannot amend its export-import policy to take away rights already accrued to exporters under a specific scheme. A special scheme related to their performance was announced in 2004 to boost exports by giving incentives on some items. Later it was amended by removing certain items. This spawned a rash of petitions in various high courts, which took different stands, especially Bombay and Gujarat high courts. All the parties appealed to the Supreme Court. In its common judgment, DGFT vs Kanak Exports, the court stated the government can decide policy. However, if the government realised that the earlier policy was "ill-considered" it was free to withdraw it but it could do so only prospectively, but not from a back date. "Duty credit entitlement cannot be snatched from exporters by making the amendment retrospectively."
1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of ...
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