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Shalimar Group Pvt. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1990)(50)ELT390TriDel

ordered for the confiscation of the imported goods namely polyester tow u/s 111 (d) and (m) of the Customs Act, 1962 read with Section 3(2) of the Import and Export (Control) Act, 1947 with an option to redeem the … 1984 the appellants received a corrigendum dated December 10, 1984 from the Collector of Customs, Calcutta whereby the preamble of the impugned order (first page of the impugned order) served on the appellants was substituted by another … 1. This appeal is directed against the impugned order passed by the Collector

Jayantilal Kalidas Mehta Vs. the State of Maharashtra

Court : Mumbai

Subject : Customs

Reported in : (1972)74BOMLR391

two accused and one more person, alleging offences under Section 120-B, Indian Penal Code, Section 135 of the Customs Act, 1962, Section 5 of the Imports and Exports (Control) Act, 1947, Section 23 of the Foreign Exchange Regulation Act, … indicated by the various provisions thereof, (ii) the aim and object of the statute, particularly disclosed by the preamble thereof. He further submits that even the legislative history with the historical background can be taken into account … Chitale, J.1. Criminal Revision Application No. 687 of 1970 is preferred by accused No. 1 Jayantilal Kalidas Mehta, and accused No.

Union of India and ors. Vs. Indian Charge Chrome and anr.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 25; Constitution of India - Article 14

Reported in : AIR1999SC3504; 1999(66)ECC24; 1999LC273(SC); 1999(112)ELT753(SC); JT1999(6)SC306; 1999(5)SCALE226; (1999)7SCC314

Regulations, 1986 issued in exercise of the power conferred by Section 157 of the Customs Act, 1962. The Preamble to the new Regulations clearly carves out an exception as regards 'things done or omitted to be done … ORDERR.C. Lahoti, J.1. In exercise of power conferred by Section 25 of the Customs Act, 1962 to grant exemption from payment of duty of customs leviable under the Act, the Central Government issued Notification

Balram Kumawat Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : EnvironmentCivil

Acts : Wild Life (Protection) Act, 1972 - Sections 49C(7); Wild Life (Protection) (Amendment) Act, 1991; Constitution of India - Articles 14, 19, 48A and 51A; Prevention of Corruption Act, 1947; Prevention of Food Adulteration Act, 1954; Customs Act, 1962 - Sections 135 and 135(1); Indian Penal Code (IPC) - Sections 489A; Foreign Exchange Regulation Act, 1947 - Sections 12(2); Companies Act, 1956 - Sections 630(1); Copy Right Act, 1957 - Sections 52A; Negotiable Instruments Act, 1881 - Sections 138

Reported in : AIR2003SC3268; 106(2003)DLT392(SC); [2004(1)JCR177(SC)]; JT2003(Suppl1)SC1; (2003)3MLJ194(SC); 2003(6)SCALE724; (2003)7SCC628; [2003]134STC626(SC); 2003(2)LC1513(SC)

And on the same principle the court has disapproved of a narrow construction of Section 135 of the Customs Act, 1962, Section 489A of the Penal Code, Section 12(2) of the Foreign Exchange Regulation Act, 1947, Section 630(1)(b) of … a view to buttress the said argument, a large number of literature had been placed before us.8. The preamble of the Act as also the 'Headings', the learned counsel would contend, should be taken into consideration for

K.S. Diesels Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1983)LC1383DTri(Delhi)

case the appellants had warehoused three consignments of machinery parts after executing bonds under Section 59 of the Customs Act, 1962. In respect of one consignment, under bond No. B204/3-5-76, the warehousing period was shown as three years. In … question whether or not an appeal lay against the Collector's order dated 24-9-82, Shri Gagrat referred to the preamble to that order, which was in the usual form, indicating that an appeal would lie to the Tribunal. … 1. After hearing stay petition No. S.P. (Bom) No. 56 of 1983 on

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

thereafter came to the conclusion that the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of the State, … Kharak Singh [Kharak Singh v. State of U.P., (1964) 1 SCR332 then went on to refer to the Preamble to the Constitution, and stated that Article 21 contained the cherished human value of dignity of the individual

irfan HussaIn @ Mazhar Abbas Through His Brother Parvez HussaIn Vs. Lt ...

Court : Delhi

Subject : CriminalCustoms

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 5A; Customs Act, 1962 - Sections 108, 132 and 135(1)

Reported in : 95(2002)DLT440; 2002(61)DRJ386; 2002(146)ELT537(Del)

panchnama was drawn on 6.11.2000 and a statement was made by the petitioner under Section 108 of the Customs Act, 1962. The details obtained from the Immigration authorities showed that the petitioner had gone abroad six times from 19.8.2000 … for the respondents that the reference to the earlier detention order was only by way of introduction or preamble and the order of detention has been passed on the prejudicial activity of the petitioner dated 4.11.2001.13. The … Kishan Kaul, J.1. The petitioner has challenged the order of detention dated 1.2.2001 passed by the Deputy Secretary (Home), Government of NCT of Delhi in

Om Prakash and anr. Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Central Excise Act, 1944 - Section 9A, 13, 18, 19, 20, 21; Customs Act, 1962; Code of Criminal Procedure (CrPC), 1973 (Cr.P.C.) - Sections 2(a), 155, 436, 173; Evidence Act - Section 25

1. Two sets of matters have been heard together, one relating to the provisions of the Customs Act, 1962, and the other involving the provisions of the Central Excise Act, 1944, since the issue in both sets … all offences under the respective Sections are deemed to be non- cognizable. Mr. Parasaran pointed out that the Preamble to the 1944 Act states that it is expedient to consolidate and amend the law relating to central

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 146(1), 146(2), 158 and 159A; ;Prevention of Corruption Act, 1988; ;Foreign Exchange Regulation Act, 1973; ;Imports and Exports (Control) Act, 1947; ;Arms Act, 1959; ;Opium Act, 1978; ;Drugs and Cosmetics Act, 1940; ;Destructive Insects and Pests Act, 1914; ;Dangerous Drugs Act, 1930; ;Trade and Merchandise Marks Act, 1958; ;Patents Act, 1970; ;Copy Rights Act, 1957; ;Foreign Trade (Development and Regulation) Act, 1992; Central Excise Act, 1944; ;Foreign Exchange Management Act, 2000; ;Indian Explosives Act, 1884; ;Narcotics Drugs and Psychotropic Substances Act; Mines and Minerals (Regulation and Development) Act, 1957; Orissa Mining Areas Development Fund Act, 1952; Motor Vehicles Act, 1939; Motor Vehicles Act, 1988 - Sections 81, 8

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

9 of the Customs House Agent Licensing Regulations (CHALR), 1984, which was framed under Section 146(2) of the Customs Act, 1962. According to the appellants/petitioners, regular licences are to be issued only to those persons, who are qualified as … Date Interchange Systems (ICES) and the provisions of Prevention of Corruption Act, 1988. According to the appellants/petitioners, the preamble of Regulations, 2004, gives protection to the appellants/petitioners since it provides that actions which had been taken or … dismissing the writ petitions filed by the appellants herein.2. In W.P. Nos. 10330, 12250 and 13366 of 2009, the petitioners seek to quash the public

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ExciseConstitution

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

Sub-section (2) of 27 or Sub-section (2) of Section 28A, or Sub-section (2) of Section 28B of the Customs Act, 1962 (52 of 1962); (c) any income from investment of the amount credited to the Fund and any other … sense the social mission of the law, language permitting, against the triune facets of justice high-lighted in the Preamble to the Paramount Parchment, read with a spacious signification of the listed entries concerned.42. The learned Judge also … India and of the provisions of the Central Excises and Salt Act, 1944 and the Customs Act et al. As far back as August 14,