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M/S Rajmal Lakhichand and anr. Vs. Commr.Cen.Exc. and Customs

Court : Supreme Court of India

Subject : Customs

Acts : The Customs Act 1962 - Sections 120, 129D, 112, 130, 111, 130B

the Revenue holding that the Tribunal was not justified in invoking the provision of Section 120(2) of the Customs Act, 1962 to confiscate the seized silver to the extent it was confiscated in exercise of that power in absence

Rajmal Lakhichand and Ishwarlal Shankarlal Lalwani Vs. the Commissione ...

Court : Mumbai

Subject : Customs

Acts : Constitution of India - Article 14; ;Customs Act, 1962 - Section 111, 111(3), 112, 118, 119, 120, 120(1), 120(2), 129D, 130(3) and 133(3)

Reported in : 2010(112)BomLR1776,2010(175)LC159(Bombay)

short) pursuant to the order dated 17th March, 1999 passed by this Court under Section 133(3) of the Customs Act, 1962. Statement of Case:2. The factual context giving rise to the present reference, in brief, is as under:On the … of case and referred the question reading as under:Whether the Tribunal was justified in invoking the provision of Section 120(2) of the Customs Act, 1962 to order confiscation of silver weighing 194.250 Kgs. purchased from M/s. Dilipkumar Hirachand

Mr. Sunil Parmeshwar Mittal S/O. Parmeshwar Mittal Vs. Deputy Commissi ...

Court : Mumbai

Subject : ExciseCompany

Acts : 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

Reported in : 2005(6)BomCR778; 2005(188)ELT268(Bom); 2005(4)MhLj837

Duties-The Central Government may, by notification in the Official Gazettee, declare that any of the provisions of the Customs Act, 1962 (52 of 1962) relating to the levy of and exemption from customs duties, drawback of duty, warehousing, offences … and (e) of Sub-section (1),} Clause (a) of Section 118, Sections 119, 120, 121 and 124. {clause (b) and Sub-clause (ii) of Clause (c) of … Nankani submits that none of the petitioners can be said to be the defaulters within the meaning of Section 2(6) of the Rules of 1995 which defines 'defaulter' means any person from whom government dues are recoverable

Kwality Dyes and Chemicals Vs. Collector of Central Excise and Customs ...

Court : Chennai

Subject : Customs

Acts : Central Excises Act, 1944; ;Customs Act, 1962 - Sections 105, 110, 118, 119, 120, 121, 124, 129 and 142(2); Central Excise Rules, 1944 - Rules 2, 37, 49, 52, 53, 173G, 173Q, 200, 201 and 226

Reported in : 1986(24)ELT238(Mad)

118, Sections 119, 120, 121, 124, 129 and clause (b) of Sub-section (1) of Section 142 of the Customs Act, 1962 (52 of 1962) relating to matters specified therein, shall be applicable in regard to like matters in respect

N. Ponnappan Vs. The Assistant Commissioner Customs Tuticorin Customs ...

Court : Chennai Madurai

Subject : Land Acquisition

7719 of 2016 are also dismissed. Constitution of India, 1950 Article 14, Article 19, Article 21, Article 226 Customs Act, 1962 Section 2(1), Section 30(3), Section 63, Section 148, Section 149,Section 157 Indian Penal Code Section 120 B, Section 409,

Rashid Gafoor Parkar Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : (1983)85BOMLR35

to enquiry or prosecution under Section 138B can only be proceedings under Section 107 or 108 of the Customs Act, 1962. In this case, statements of the co-accused are certainly recorded by the custom officer. They are statements recorded … 135(a) and (b) of the Customs Act and Section 5 of the Import and Export Act read with Section 120 of the Indian Penal Code and Section 109 of the Indian Penal Code. The petitioners are facing trial

Union of India (Uoi) and ors. Vs. Peerulal and ors.

Court : Rajasthan

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(39), 7, 11I, 11K, 108, 113, 114, 124 and 135A

Reported in : 1995CriLJ3356; 1995(2)WLN232

the petition) qua the petitioner Peerulal only. The show cause notice was issued under Section 124 of the Customs Act, 1962. The learned Single Judge also directed to restore the seized 479 bottles of Imperial Whisky seized vide seizure … vide seizure memo Annexure R-l/l and to refund the amount of Rs. 1,200/- realised through the sale of 120 bottles of Beer to the petitioners immediately. 2. The respondent No.1 herein (i.e. Peerulal son of Gordhanji Solanki)

Shri Atchut Mucund Alornekar and Others Vs. Central Bureau of Investig ...

Court : Mumbai Goa

Subject : Land Acquisition

petitioners herein are quashed and set aside. Code of Criminal Procedure,1973, Section 482; Constitution of India, Article 226; Customs Act, 1962, Section 2(25), 2(26),14(1), 15(1)(b), 72(1)(b), Rules 58, 59, 60; Indian Penal Code, Section 120-B, Section 13(2); Prevention of Corruption

Shri Atchut Mucund Alornekar and Others Vs. Central Bureau of Investig ...

Court : Mumbai Goa

Subject : Land Acquisition

petitioners herein are quashed and set aside. Code of Criminal Procedure,1973, Section 482; Constitution of India, Article 226; Customs Act, 1962, Section 2(25), 2(26),14(1), 15(1)(b), 72(1)(b), Rules 58, 59, 60; Indian Penal Code, Section 120-B, Section 13(2); Prevention of Corruption

Sravani Impex Pvt. Ltd. Rep. by Its Director, M. Ranga Rao and anr. Vs ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 2, 3, 3(2), 3(3), 5, 6, 6(1), 9(2), 9(4), 11, 11(2), 11(5) and 12; Customs Act, 1962 - Sections 2(16), 2(19), 2(22), 2(33), 2(37), 2(41), 11, 11(1), 14, 14(1), 14(2), 25, 25(1), 28, 28(1), 28(1A), 28(2), 28AB, 50, 50(2), 51, 111, 112, 113, 114, 114A, 120 and 135; Narcotic Drugs and Psychotropic Substances Act; Foreign Exchange Regulation Act - Sections 18; Customs Tariff Act, 1975; Foreign Exchange Management Act, 1999 - Sections 7(1); Foreign Trade Rules, 1993 - Rule 2; Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 - Regulation 3(1)

Reported in : 2009(6)ALT749

M/s VPL, and already withdrawn, should not be held liable for confiscation under Section 111 (d) read with Section 120 of Customs Act, 1962; and(2) Penalty under Section 112(a) of the Customs Act, 1962 should not be imposed … shall be deemed to be goods the export of which has been prohibited under Section 11 of the Customs Act, 1962. Section 2(33) of the Customs Act defines 'prohibited goods' to mean any goods, the import or export of which