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inder Setia S/O Late Jagat Singh (In Jail) Vs. Central Excise Departme ...
Allahabad
Jun-16-2006
CompanyExcise
Central Excise Act, 1944 - Sections 4, 4A, 9, 9A, 9A(2), 9AA, 13 and 14; Central Excise Tariff Act, 1985; Finance Act, 2004; Central Excise Rules; Indian Penal Code (IPC) - Sections 420, 467, 468 and 471
2008(224)ELT385(All)
No. 1 registered this case on own giving crime No. 2 of 2006 under Section 4/9A/9AA/9 of the Central Excise Act, 1944 (hereinafter referred to as an 'Act') and Section 420/467/468/471 Indian Penal Code. The applicant was also arrested and
Tag this Judgment! AI Brief & AskRajni Vs. Union of India (Uoi)
Allahabad
Dec-02-2002
Excise
Central Excise Act, 1944 - Sections 9AA, 13 and 19
2003CriLJ2062; 2003(156)ELT28(All)
writ, order or direction in the nature of certiorari for quashing the complaint under Section 9AA/13/19 of the Central Excise Act, 1944 and also prayed to issue a writ order or direction in the nature of mandamus commanding the opposite
Tag this Judgment! AI Brief & AskVenkataraman T. Pai Vs. C.R. Shah
Gujarat
Jul-23-1993
Excise
Central Excises Act, 1944 - Sections 9, 9AA, 9AA(1) and 9AA(2); Indian Penal Code (IPC), 1860 - Sections 11, 11A, 11A(3) and 120B; Constitution of India - Article 20 and 20(1); Finance Act - Sections 51 and 56A; Finance Rules - Rules 9 and 49
1996(81)ELT467(Guj)
both the matter is made absolute. Excise - retrospective effect - Sections 9 and 9 A A of Central Excise Act, 1944, Sections 11and 120 (B) of Indian Penal Code, 1860, Sections 51 and 56 A of Finance Act, Rules … various alleged breaches. In the said complaint an application was given at mark 5/25 with a prayer that Section 9AA of the Salt Act be permitted to be added to the complaint. This application was heard and decided
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
The Indian Hume Pipe Co. Ltd. and ors. Vs. the Assistant Collector, Ce ...
Punjab and Haryana
Oct-11-1991
Criminal
Central Excises Act, 1944 - Sections 4, 9, 9AA and 9(1); Central Excise Tariff Act, 1985; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 216, 218, 219, 220 and 482; General Clauses Act, 1897 - Sections 3(38); Central Excise Rules, 1944 - Rules 9(1), 52A, 53, 173F, 173G and 226; Constitution of India - Article 20
1992CriLJ3187; 1992(40)ECC343
unit alone--Ptiina facie Managing Director's connivance could be presumed--Complaint cannot be quashed under Section 482, Cr.P.C.--Section 9-AA of Central Excise Act coming into operation only on 27.12,1985--Complaint in respect of acts committed prior to 27.12.1985 liable to be quashed--Accused … the quashment of the complaint Annexure PI for offence under Section 9 of the Central Excises and Salt Act, 1944 pending in the court of Chief Judicial Magistrate, Chandigarh.2. The brief resume of facts figuring in the complaint … personally participated in the commission of the offence under Section 9 of the Act and the provisions of Section 9AA having been inserted in the Act, with effect from 27th of December, 1985 vide Act No. 79 of
Tag this Judgment! AI Brief & AskP.M.D. Thackersey Vs. Assistant Collector of C. Ex.
Mumbai
Oct-25-1990
Excise
Central Excise Act, 1944 - Sections 9, 9(1), 9A, 9AA; Central Excise Rules - Rule 9AA
1991(52)ELT497(Bom)
in person or by a pleader as the case may be before him to answer the change under Central Excise Act. The complainant had requested the learned Magistrate to deal with the petitioner and others under Sections 9(1)(b), 9(1)(bb), … others under Sections 9(1)(b), 9(1)(bb), 9(1)(bbb), 9(1)(c), 9(1)(d) read with Section 9(1)(i) of the Central Excises and Salt Act, 1944, hereinafter called the said Act, which are made punishable under Section 9(1)(i) of the said Act.2. The facts … introduced in the year 1985 that a director of a company was made liable under the provisions of Section 9AA of the said Act. His submission therefore was that this section which renders a person who was not
Tag this Judgment! AI Brief & AskMulki Suryanarayanrao Rau and Another Vs. Gurushant Gangadhar Kamble a ...
Mumbai
Jan-05-1987
Criminal
Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 120A and 120B; Code of Criminal Procedure (CrPC) , 1973 - Sections 482
1987(12)ECC159
and are being disposed of by this common judgment.2. Respondent No. 1 - Gurushant Gangadhar Kamble, Assistant Collector, Central Excise (Preventive), with his Headquarters at Pune (hereinafter referred to as 'the complainant'), in both the petitions, filed Criminal … charging them for offences punishable under Sections 9(1)(b), (bb), (c) and (d) of the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act'), read with Section 120B of the Indian Penal Code. Petitioner No. 1 … they in their capacity as Directors and Secretary of the Company can be held vicariously liable only under section 9AA of the Act which came into force only on 27th December, 1985. Mr. Desai repeatedly urged that as
Tag this Judgment! AI Brief & AskMr. Sunil Parmeshwar Mittal S/O. Parmeshwar Mittal Vs. Deputy Commissi ...
Mumbai
Aug-17-2005
ExciseCompany
Central Excise Act, 1944 - Sections 3, 4, 4(3), 9AA, 11A and 12; Customs (Attachment of Property of Defaulters for Recovery of Government Dues) Rules, 1995 - Rules 2 and 3; Companies Act, 1956; Customs Act, 1962 - Sections 105(1), 110, 115, 118(1), 119, 120, 121 and 124, 142(1) and 150(1) and 156; Central Excise Tariff Act, 1985
2005(6)BomCR778; 2005(188)ELT268(Bom); 2005(4)MhLj837
also be asked to pay the government dues recoverable from the defaulting company. He also placed reliance on Section 9AA of the Central Excise Act, 1944 to support the impugned action but could not take his submissions to … GTL. 7. Mr. Nankani further submitted that the petitioners were not defaulters either under the provisions of the Central Excise Act, 1944 ('Excise Act' for short) or under any of the provisions of the Customs (Attachment of Property of Defaulters
Tag this Judgment! AI Brief & AskA. Jayagopal S/O. Anand Alwar Vs. the Assistant Commissioner of Centra ...
Chennai
May-14-2008
Excise
Central Excise Act, 1944 - Sections 2, 4, 8, 9(1), 9AA, 11A, 11A(1), 11A(2), 11AB and 11AC; Code of Criminal Procedure (CrPC) - Sections 190 and 482; Central Excise (Valuation) Rules, 1975; Central Excise Rules, 1944 - Rules 9(1), 52A, 53, 57(1), 57(2), 173C, 173G, 173F, 173Q, 174, 209A and 226
2008(129)ECC203; 2008(155)LC203(Madras); 2008(230)ELT212(Mad)
allegations in the complaint, INDAL is the real manufacturer of Aluminium extrusions in terms of Section 2(f) of Central Excise Act 1944 and by suppressing the said fact, INDAL has engaged SMALEX by means of a Memorandum of understanding for … to A4 are punishable under Section 9(1)(a)(i), 9(1)(b)(i), 9(1)(bb)(i) and 9(1)(c)(i) of Central Excise Act 1944 read with Section 9AA.Based on the above materials collected during verification and on the basis of the statements recorded from various persons,
Tag this Judgment! AI Brief & AskLakshmi G. Menon Vs. Union of India
Chennai
Nov-18-1997
Excise
Central Excise Act, 1944 - Sections 9(1), 9AA and 11A(1)
1999(105)ELT279(Mad)
the petitioner namely, that a statute can specifically make another person vicariously liable and that Section 9AA of Central Excise Act, 1944 provides for vicarious liability of certain persons for the offence committed by the company. In Municipal Corporation of
Tag this Judgment! AI Brief & AskAjit NaraIn Haksar and ors. Vs. Assistant Commissioner of Central Exci ...
Karnataka
Aug-31-2001
ExciseCriminal
Central Excise Act, 1944 - Sections 9, 9(1), 9(2) and 9AA; Central Excise (Amendment) Act, 1985; Constitution of India - Article 20(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 190(1), 200, 319 and 482
2001(78)ECC326; 2000LC19(Karnataka); ILR2002KAR2175; 2002(4)KarLJ107
in law--additional accused can be brought in by taking recourse to Section 319 Cr. P.O. at the appropriate stage--Section 9AA of the Central Excise & Salts Act, 1944 is a substantive law creating specific offence against two categories … public limited company were sought to be made liable for levy of penalty under the provisions of the Central Excise Act, 1944. The Bombay High Court said that the duty was payable by the producer or manufacturer for payment of
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