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Start Free TrialCustoms Act, 1962 Section 123
Title: Burden of Proof in Certain Cases
State: Central
Year: 1962
1[(1) Where any goods to which this section applies are seized under this Act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be- ( a) in a case where such seizure is made from the possession of any person,- ( i) on the person from whose possession the goods were seized; and ( ii) if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person; ( b) in any other case, on the person, if any, who claims to be the owner of the goods so seized.] (2) This section shall apply to gold,2[and manufactures thereof] watches, and any other class of goods which the Central Government may by notification in the Official Gazette specify. ________________________ 1. Substituted by Act 36 of 1973, section 4, for sub-section (1) (w.e.f. 1-9-1973). 2. Substituted by Act 40 of 1989, section 2, for "diamonds, manufactures of gold or diamonds" (w.e.f. 26-10-1989).
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Complete Act
State: Central
Year: 1962
CUSTOMS ACT, 1962 CUSTOMS ACT, 1962 [Act No. 52 of Year 1962 dated 13th. December, 1962 An Act to consolidate and amend the law relating to customs Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows: - CHAPTER I PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Customs Act, 1962. 1[(2) It extends to the whole of India.] (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires- 3[(1) "adjudicating authority" means any authority competent to pass any order or decision under this Act, but does not include the Board, Commissioner (Appeals) or Appellate Tribunal; (1A) "aircraft" has the same meaning as in the Aircraft Act, 1934 (22 of 1934); (1B) "Appellate Tribunal" means the Customs, Excise and Gold (Control) Appellate Tribunal constituted under section 129;] (2) "assessment" includes provisional assessment, reassessment and any order of assessment in which the duty assessed is nil; (3) "baggage" includes unaccompanied baggage but does not.....
List Judgments citing this sectionCustoms Act, 1962 Chapter 14
Title: Confiscation of Goods and Conveyances and Imposition of Penalties
State: Central
Year: 1962
..... Section 112 - Penalty for improper importation of goods, etc Any person, -- ( a) who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 111, or abets the doing or omission of such an act, or ( b) who acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111, shall be liable, -- ( i) in the case of goods in respect of which any prohibition is in force under this Act or any other law for the time being in force, to a penalty1[not exceeding the value of the goods or five thousand rupees], whichever is the greater; ( ii) in the case of dutiable goods, other than prohibited goods, to a penalty1[not exceeding the duty sought to be evaded on such goods or five thousand rupees], whichever is the greater; 2[( iii) in the case of goods in respect of which the value stated in the entry made under this Act or in the case of baggage, in the declaration made under section 77.....
View Complete Act List Judgments citing this sectionExtradition Act, 1962 Schedule I
Title: Extradition Treaty Between India and Switzerland
State: Central
Year: 1962
.....1904, are considered to be in forcebetween India and Switzerland: Andwhereas the Central Government in exercise of the powers conferred bysub-section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), haddirected by an order number G.S.R. 56, dated the 5th January, 1963 that theprovisions of the said Act, other than Chapter III shall apply to Switzerland; Now,therefore, in exercise of the powers conferred by sub-section (3) of Section 3of the said Act, the Central Government hereby sets out the aforesaid Treaty asunder:-- "ARTICLEI HerMajesty, the Queen of the United Kingdom of Great Britain and Ireland engages todeliver up, under the circumstances and on the conditions stipulated in thepresent Treaty, all persons, and the Swiss Federal Council engages to deliverup, under the like circumstances and conditions, all persons, excepting Swisscitizens, who, having been charged with, or convicted by the Tribunals of one ofthe two High Contracting Parties of the crimes or offences enumerated in Art.II, committed in the territory of the one party, shall be found within theterritory of the other. Inthe event of the Federal Council being unable, by reason of his.....
View Complete Act List Judgments citing this sectionKarnataka Housing Board Act, 1962 Chapter VI
Title: Power to Evict Persons from Board Premises.
State: Karnataka
Year: 1962
.....Board the rent in arrears1[or any instalment of loan in arrears] or carries out or otherwise complies with the terms contravened by him to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. _______________________________ 1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988. Section 46 - Power to recover rent, damages, instalments of loan or other dues as arrears of land revenue 46. Power to recover1[rent, damages, instalments of loan or other dues] as arrears of land revenue (1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 45, where any person is in arrears of rent payable in respect of any Board premises2[or any arrears of instalment of loan or other dues payable to the Board], the competent authority may, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such.....
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Complete Act
Title: Customs Act, 1962
State: Central
Year: 1962
.....goods Section11E - Persons possessing notified goods to maintain accounts Section11F - Sale, etc., of notified goods to be evidenced by vouchers Section11G - Sections 11C, 11E and 11F not to apply to goods in personal use Chapter4B - PREVENTION OR DETECTION OF ILLEGAL EXPORT OF GOODS Section11H - Definitions Section11I - Power of Central Government to specify goods Section11J - Persons possessing specified goods to intimate the place of storage, etc Section11K - Transport of specified goods to be covered by vouchers Section11L - Persons possessing specified goods to maintain accounts Section11M - Steps to be taken by person selling or transferring any specified goods Chapter4C - POWER TO EXEMPT FROM THE PROVISIONS OF CHAPTERS IVA AND IVB Section11N - Power to exempt Chapter 5 Section12 - Dutiable goods Section13 - Duty on pilfered goods Section14 - Valuation of goods for purposes of assessment Section15 - Date for determination of rate of duty and tariff valuation of imported goods Section16 - Date for determination of rate of duty and tariff valuation of export goods Section17 - Assessment of duty Section18 - Provisional assessment of duty Section19 -.....
List Judgments citing this sectionThe Maharashtra Education and Employment Guarantee (Cess) Act, 1962 Complete Act
State: Maharashtra
Year: 1962
.....in relation to any cantonment, the Canton ments Act, 1924, 2[(v) in relation to any municipal area as defined in the Maharashtra Municipalities Act, 1965, that Act;] (n) "rules" means rules made under Section 26; (o) "special assessment" means assessment on agricultural land levied and collected under Section 4, 4[or Section 6B], 1. Clause (I) was deleted by Mah. 17 of 1975, Sch. 2. These words were substituted for the words "City of Poona" by Mah. 17 of 1974, S. 2(3) and (4). 3. This clause was substituted for clauses (v), (vi), (vii) and (viii) by Mah. 17 of 1975, Sch. 4. These words, figure and letter were inserted by Mah. 17 of 1975t Sch. CHAPTER II EDUCATION CESS AND STATE EDUCATION CESS FUND SECTION 03: EDUCATION CESS For the purpose of providing for the cost of promoting education in the State of Maharashtra there shall be levied and collected, in the manner hereinafter provided the taxes, in the next succeeding section described (hereinafter together called "Education Cess"). SECTION 04: LEVY AND COLLECTION OF EDUCATION CESS Subject to the provisions of this Act, there shall be levied and collected, [(a) with effect from the 1st day of.....
List Judgments citing this sectionNational Cooperative Development Corporation Act, 1962 Complete Act
State: Central
Year: 1962
.....ofthe Expert Committee-S.O.R. Gaz. of Ind., 3-12-1973, Pt. II, S. 2. Ext.. p. 998. [THE] NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION ACT, 1962 (ACT 26 OF 1962)1[] An Act to provide for the incorporation and regulation of a corporation for the purpose of planning and promoting programmes for the production, processing, marketing storage, export and import of agricultural produce, foodstuffs "industrial goods, livestock, certain other commodities and services on co-operative principles and for matters connected therewith or incidental thereto". Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follow :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called The National Co-operative Development Corporation Act, 1962. (2) It extends to the whole of India1[* * * * *] (3) It shall come into force on such date" as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS - In this Act, unless the context otherwise requires,- 3(a) "agricultural produce" includes the following : (i) edible and non-edible oil seeds; (ii) cattle feed, including oilcakes and other ingredients; (iii).....
List Judgments citing this sectionThe Maharashtra State Cooperative Tribunal Regulations, 1962 Complete Act
State: Maharashtra
Year: 1962
.....President and obtain his orders in that behalf. (3) If the defect in an appeal or application is remedied or sufficient cause is shown to the satisfaction of the President for not making an appeal or application within the prescribed period, the Registrar shall cause it to be registered in the appropriate register. (4) If the party concerned or his agent fails to remedy the defect or to show cause to the satisfaction of the President, the Registrar shall with the consent of the President, fix a date for the hearing of which due notice shall be given to the party concerned or his agent. (5) On the date so fixed, the Tribunal shall hear the party or his agent and pass suitable orders either rejecting the appeal or application or directing it to be registered. (6) When an appeal or application has been ordered to be registered under this regulation, the Registrar shall see that it is registered as soon as practicable and in any case not later then seven days from the date of the order requiring it to be registered. 08. MAINTENANCE OF REGISTERS. - The Registrar shall maintain separate registers for (i) appeals in Form A; (ii) applications for revision in Form B; (iii) .....
List Judgments citing this sectionExtradition Act, 1962 Complete Act
State: Central
Year: 1962
.....Ind., 19-6-.1962,Pt. II, S. 2, Extra, p. 418. Act 66 of 1993.- At present, the Law of Extradition in India is contained in the Extradition Act, 1962 (Act 34 of 1962). The 1962-Act made a distinction between commonwealth countries and foreign States and considered only foreign States as treaty States. The extradition with Commonwealth countries was separately governed by the second Schedule of the Act and the Central Government was given powers under Chapter III to conclude special extradition arrangements with respect to Commonwealth countries only. Such distinction made in the Extradition Act, 1962 between foreign States and Commonwealth countries does not hold good in view of the change of time and rapid developments in Extradition Law at international level. Commonwealth countries are concluding extradition treaties among themselves. India has in recent years concluded separate extradition treaties with Canada and U K.. Moreover, the Civil Law countries have specific requirements for purposes of extradition with them. In addition; terrorisrim and drug trafficking as two most heinous crimes affecting innocent lives, have thrown new challenges necessitating changes in.....
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