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Mohammed Yusuf Vs. Union of India and Others
Mumbai
Oct-09-1985
Excise
Customs Act, 1962 - Sections 11, 111 and 135; Central Excise Act
1986(1)BomCR187; 1989(24)ECC23; 1989(24)LC718(Bombay); 1989(40)ELT14(Bom)
India, for quashing the investigation started by the Preventive section of the Customs Department against the petitioner for offence under Section 135 read with Section … the Respondents that the area and field covered by the Imports and Exports (Control) Act, 1947 and Customs Act, 1962 is distinct and different. The Customs department was not party to these proceedings. Assuming that the petitioner has … respect of one firm only--No finding in respect of other firms--Constitution of India, Article 227--Customs Act (52 of 1962), Sections 11, 111(o), 135--Imports and Exports (Control) Act (18 of 1947), Section 5--Imports (Control) Order, 1955, Clause 9(1)(a),(d). -
Tag this Judgment! AI Brief & AskRemo Paul Altoe Vs. Union of India (Uoi)
Supreme Court of India
Oct-13-1977
CustomsCriminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 452(1); Foreign Exchange Regulation Act, 1973 - Sections 13(1); Customs Act, 1962 - Sections 135
AIR1977SC2255; [1978]48CompCas522(SC); 1977CriLJ1933; 1983(13)ELT1600(SC); (1977)4SCC437; [1978]1SCR719; 1977(9)LC730(SC)
Foreign Exchange Regulation Act, 1973 and was therefore liable to be convicted under Section 135 of the Customs Act, 1962. Section 13(1) of the Foreign Exchange Regulation Act, 1973 imposes restriction's on bringing or sending into India any … to order confiscation of the goods found in appellant's possession while convicting him under Section 135 of the Customs Act.2. The facts relevant for the purpose of the appeal are these. The; appellant is a foreigner who … confiscation of the goods found in appellant's possession while convicting him under Section 135 of the Customs Act.2. The facts relevant for the purpose of
Tag this Judgment! AI Brief & AskAssistant Collector of Customs (Prevention) Bombay Vs. Babu Miya Sheik ...
Supreme Court of India
Jul-28-1983
CriminalCustoms
Customs Act, 1962 - Sections 135(1); Export Trade Control Order, 1968; Imports and Exports (Control) Act, 1947 - Sections 3; Indian Penal Code (IPC), - Sections 120B
AIR1983SC974; 1983CriLJ1494; 1985(5)ECC189; 1983(13)ELT1666(SC); (1983)3SCC447; [1983]3SCR500
No. 418 of 1974 (hereinafter referred to as the accused) of the offence under Section 135(1)(a)(ii) of the Customs Act, 1962. The entire controversy between the parties in these appeals turn on the true interpretations of Section … 418 of 1974 (hereinafter referred to as the accused) of the offence under Section 135(1)(a)(ii) of the Customs Act, 1962. The entire controversy between the parties in these appeals turn on the true interpretations of Section 135(1)(a)(ii) and … of 1974 (hereinafter referred to as the accused) of the offence under Section 135(1)(a)(ii) of the Customs Act, 1962. The entire controversy between the parties
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Dr. V.J.A. Flynn Vs. S.S. Chauhan and Another
Delhi
Mar-04-1996
Customs
Antiquities Act, 1947 - Sections 3; Customs Act, 1962 - Sections 135
1996CriLJ3080; 1996(37)DRJ195; ILR1998Delhi426
Magistrate, Delhi. The grievance of the petitioner is that said complaint filed under section 135 of the Customs Act, 1962 on the basis of the alleged offence committed under the Antiquities & Art Treasures Act, 1972 (hereinafter called … V. J. A. Flynn is stated to be the second accused in a complaint case filed by the Custom Officer. He has sought the quashing of the said complaint case No. 91/1/94 pending in the Court of … becomes mandatory. In the absence of final decision prosecution cannot be launched. Sections 25-26 of the Antiquities Act, which are reproduced as under, envisage the
Tag this Judgment! AI Brief & AskThe Public Prosecutor Vs. Babulal
Andhra Pradesh
Dec-16-1969
CriminalCustoms
Customs Act, 1962 - Sections 123 and 135; Defence of Indian Rules, 1962 - Rule 126 (Q); Code of Criminal Procedure (CrPC) , 1898 - Sections 517
AIR1971AP345
State is directed against the acquittal of the respondent herein of offences punishable under Section 135 of the Customs Act and Rule, 126-P (2) of the Defence of India Rules, 1962, by the Judicial First Class Magistrate, … appeal is accordingly allowed in part.10. Order accordingly. Criminal - smuggling - Sections 123 and 135 of Customs Act, 1962, Rule 126 (Q) of Defence … 178A of the Sea Customs Act 1878 which is in pari material with Section 123(1) of the Customs Act. 1962 it was pointed out by Shah, J. in M. G. Abriol v. Amichand. : AIR1961Bom227 that before any
Tag this Judgment! AI Brief & AskTrilok Nath Mittal Vs. Union of India (Uoi)
Allahabad
Apr-12-2002
Customs
Customs Act, 1962 - Sections 108 and 135(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 482
2003CriLJ184; 2002(82)ECC70; 2003(154)ELT374(All)
in Criminal Case No. 1597 of 2000 for offences under Sections 132, 135(1)(a) and 135(1)(b), 136 of the Customs Act 1962. They have made request for quashing of the said complaint. Therefore, both these petitions are being … Criminal Case No. 1597 of 2000 for offences under Sections 132, 135(1)(a) and 135(1)(b), 136 of the Customs Act 1962. They have made request for quashing of the said complaint. Therefore, both these petitions are being disposed of
Tag this Judgment! AI Brief & AskY.A. Bawa Vs. Srinivas Jain
Delhi
Feb-12-1985
CriminalCustoms
Customs Act, 1962 - Sections 135
1985(8)DRJ337
under Section 3 of the Import & Export Control Act, 1947 read with Section 11 of the Customs Act, 1962. 2. Now, thereforee, in exercise of the powers conferred on me by Section 137(1) of the Customs Act, … 1972 by the petitioner against the respondent for his prosecution under Section 135 of the Act. It was, inter alia, averred by the prosecution that … 1971 a raid was conducted on premises No. 4698, Gali Umrao Singh, Pahari Dhiraj, by officials of the Customs Department pursuant to some specific secret information. Shri Phool Chand Jain, father of the respondent-Srinivas Jain was present … proceedings were still in progress. He was interrogated and his statement under Section 108 of the Customs Act (hereinafter called as 'the Act') was recorded.
Tag this Judgment! AI Brief & AskLalit Goel Vs. Commissioner of Central Excise
Delhi
Jul-23-2007
Customs
Customs Act, 1962 - Sections 135 and 135(1)
2007(216)ELT673(Del)
B.N. Chaturvedi, J.1. The petitioner faces prosecution under Section 135 of the Customs Act for alleged evasion of customs duty to the tune of Rs. 1.27 crores. 2. The petitioner, as … Criminal Misc. Nos. 71789-M-2005, learned senior counsel argued that since an offence under Section 135(1)(ii) of the Customs Act, 1962 (for short the 'Act') is punishable with imprisonment which may extend to three years or fine or both, … B.N. Chaturvedi, J.1. The petitioner faces prosecution under Section 135 of the Customs Act for alleged evasion of customs duty to
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Kantilal Jawantraj Jain
Mumbai
Jun-07-1990
Customs
Customs Act, 1962 - Sections 135, 135(1), (2) and (3)
1990(50)ELT503(Bom)
is inadequate and the same is less than the minimum sentence prescribed under Section 135(3) of the Customs Act, 1962. Sub-section (3) of Section 135 of the Customs Act, 1962, runs thus :'For the purpose of sub-sections (1) … No. 1 along with another were prosecuted under Sections 135(1)(a) and 135(1)(b) read with Section 135(1)(i) of the Customs Act and Section 85 of the Gold (Control) Act, on the allegation that the Revenue Intelligence Authorities intercepted
Tag this Judgment! AI Brief & AskPublic Prosecutor Vs. Avvaru Annappa
Andhra Pradesh
Jul-01-1968
Criminal
Evidence Act, 1872 - Sections 3 and 25; Central Excises Act, 1944 - Sections 14; Defence of India Rules, 1962 - Rule 126-P and 126-P(2); Customs Act, 1962 - Sections 135
AIR1969AP278; 1969CriLJ1022
case and confiscated the gold to the Central Government under Ex. P-3. The Collector of Central Excise and Customs Hyderabad passed Ex. P-4. the order sanctioning prosecution of the accused under Customs Act, 1962. Ex. P-5 is … of Central Excise and Customs Hyderabad passed Ex. P-4. the order sanctioning prosecution of the accused under Customs Act, 1962. Ex. P-5 is the sanction to prosecute the accused under Defence of India Rules (Gold Control) 1962. 4. … (ii) and (iv) of the Defence of India Rules and under Section 135(b)(ii) of the Customs Act, 1962. 18. Mr. Padmanabhareddy next contends that the … for a period of six months. Appeal allowed. Criminal - confession - Sections 3 and 25 of Indian Evidence Act, 1872, Section 14 of Central
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