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Mar 02 1995

Chemicals and Plastics India Ltd. Vs. Union of India

Court : Chennai

Decided on : Mar-02-1995

Subject : Customs

Reported in : 1995(1)CTC452; 1995(52)ECC92; 1995(78)ELT410(Mad)

to the Customs Tariff Act, 1975. The first respondent had issued a Notification under Section 25(1) of the Customs Act, 1962 namely, Notification 132/85, dated 19-4-1985 exempting the goods falling under the Heading 84.66 when imported into India for … calculated at the rate of 20 per cent ad valorem. The first respondent also issued a Notification No. 133/85 on 19-4-1985 exempting the goods falling under the Heading 84.66 for power projects (including the turbine power project)

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Apr 20 2010

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

Court : Mumbai

Decided on : Apr-20-2010

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

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Apr 09 2008

Novva Ads Vs. Secretary, Deptt. of Municipal Administration and Water ...

Court : Supreme Court of India

Decided on : Apr-09-2008

Subject : Constitution

Acts : Chennai City Municipal Act, 1919 - Sections 326A to 326J; Tamil Nadu Acquisition of Hoarding Act, 1985; Customs Act, 1962 - Sections 133; Uttar Pradesh Road Transport Act; Chennai City Municipal (Amendment) Act, 2000 - Sections 326J; Chennai City Municipal Corporation (Licensing of Hoardings and Levy and Collection of Advertisement Tax) Rules, 2003 - Rules 3, 6, 9 and 10; Constitution of India - Articles 14, 19(1), 19(2) and 19(6)

Reported in : AIR2008SC2941; JT2008(6)SC95; 2008(6)SCALE721; (2008)8SCC42; 2008AIRSCW4946

Port Trust and Anr. : 1990CriLJ2673 this Court, construing the expression 'obstruction' appearing in Section 133 of the Customs Act, 1962 has been pleased to hold:On the authority of Hinchliffe v. Sheldon it can be said that obstruction is

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Nov 08 2011

R.Santhana Raj Vs. the Chief Engineer

Court : Chennai

Decided on : Nov-08-2011

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12(2), 17; Electricity Act, 2003 - Sections 185, 67 (2)(a) to (d); Telegraph Act, 1885 - Sections 10, 11; Works of Licensees Rules 2006 - Rule 3(1)(a); Land Acquisition Act, 1894; Code of Civil Procedure (CPC), 1908 - Order 21 Rule 97; Indian Penal Code (IPC), 1860 - Sections 225, 188; Customs Act, 1962 - Section 133; Works of Licensees Rules, 2006 - Rule 3(1) to (3)

constitute an obstruction/resistance. While dealing with the meaning of the expression obstruction appearing in Section 133 of the Customs Act, 1962, the Supreme Court pointed out in C.C.E. vs. Paradip Port Trust {1990 (4) SCC 250} the following:-On the

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Jan 25 2008

Union of India (Uoi) Vs. Anil Chanana and anr.

Court : Supreme Court of India

Decided on : Jan-25-2008

Subject : Customs

Acts : Customs Act, 1962 - Sections 77, 108, 111, 127B, 132, 133, 134, 135, 135A, 135(1), 136, 137 and 137(3); Customs (Compounding of Offences) Rules, 2005 - Rules 3, 4, 4(1), 4(2), 4(3), 6 and 7

Reported in : 2008(56)BLJR1022; 2008(124)ECC163; 2008(150)LC163(SC); 2008(222)ELT481(SC); JT2008(2)SC1; 2008(1)SCALE688; (2008)4SCC175; 2008AIRSCW1038; 2008(4)SCC175; 2008(1)SCALE688.

passed by Chief Commissioner of Customs (Compounding Authority) compounding the offences under Sections 132 and 135(1)(a) of the Customs Act, 1962.2. On the basis of specific information Anil Chanana-respondent No. 1, who alighted from British Airways' flight from London … Act, 1962SECTION 137. Cognizance of offences. -(1) No court shall take cognizance of any offence under Section 132, Section 133, Section 134 or Section 135 or Section 135A, except with the previous sanction of the Commissioner of Customs.(2)

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Aug 08 1990

Collector of Customs and Central Excise, Bhubneshwar, District Puri Vs ...

Court : Supreme Court of India

Decided on : Aug-08-1990

Subject : Customs

Acts : Customs Act, 1962 - Sections 111 to 127, 133, 135(1) and 151; Constitution of India - Article 226

Reported in : AIR1990SC1897; 70(1990)CLT821(SC); 1990CriLJ2673; 1990(30)LC161(SC); 1990(49)ELT328(SC); JT1990(3)SC447; 1990(2)SCALE224; (1990)4SCC250; [1990]3SCR705; 1990(2)LC500(SC)

the Constitution of India allowing the applications and quashing the penalty imposed on the writ petitioner under the Customs Act of 1962 (hereinafter referred to as 'the Act').2. A commercial vessel M. V, Jag Darshan arrived at Paradip … customs officers in the recovery of smuggled goods from the detained vessel M.V. Jag Darshan in violation of Section 133 of the Act he should not be proceeded against and as to why penalty should not be imposed

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Apr 18 1985

State of Maharashtra Through Assistant Collector of Central Excise, Au ...

Court : Mumbai

Decided on : Apr-18-1985

Subject : Customs

Acts : Customs Act, 1962 - Sections 105(1), 108, 111, 123, 132, 133, 134, 135, 135(1), 137 and 137(1)

Reported in : 1988(33)ELT676(Bom)

Judicial Magistrate, Nanded, against the two accused, who are real brothers, for offence under Section 135(1) of the Customs Act, 1962, read with Government of India, Ministry of Commerce and Industry, Import Trade Control Order No. 17 of 1955 … the Customs Act. Section 137 provides that no Court shall take cognisance of any offence under Section 132, 133, 134 or 135 of the Act, except with the previous sanction of the Collector of the Customs. This

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Oct 15 1970

Jayantilal Kalidas Mehta Vs. the State of Maharashtra

Court : Mumbai

Decided on : Oct-15-1970

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, 1947 … resorted to.';Per Nathwani J. 'It appears to my mind that neither Section 127, nor the opening words of Section 133, nor Section 124 read with Section 110(2), on a proper construction thereof, even impliedly require confiscation of goods

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May 14 1993

Bijan Halder and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : May-14-1993

Subject : Criminal

Acts : Customs Act, 1962 - Sections 100, 101, 104, 104(1), 104(2), 104(3), 105, 106, 106A, 107, 108, 108(4), 110, 132, 133, 134, 135, 135(1), 135(2), 137, 137(1) and 138; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 57, 132, 162, 167, 167(1), 167(2), 167(3), 167(5), 172, 173, 190(1), 197, 197(2), 197(3), 244, 244(1), 245(3), 254(3), 309, 309(2), 436, 437, 437(1), 437(2), 437(3), 437(4), 437(5), 437(6), 437(7) and 439; ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act, 1988 - Section 244(3); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 167 and 344; ;Foreign Exchange Regulation Act, 1973 - Section 35; ;Central Excise Act, 1944; ;Railway Property (Unlawful Possession) Act, 1966 - Section 8(1) and 8(2); ;Evidence Act - Section 25; ;Indian Penal C

Reported in : 1993CriLJ3082

petitioners, who were earlier arrested on the 15th September, 1988 by customs officials under Section 104 of the Customs Act, 1962, were produced before the learned Sub-Divisional Judicial Magistrate, Ranaghat, Nadia and they were remanded to jail custody after … 137 of the Customs Act provides that no court shall take cognizance of an offence under Section 132, Section 133, Section 134 or Section 135, except with the previous sanction of the Collector of Customs. Section 138 provides

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May 04 2004

Suraiya Mohammed Ikbal GulamhussaIn Vs. Assistant Collector of Customs

Court : Gujarat

Decided on : May-04-2004

Subject : Criminal

Acts : Customs Act, 1962 - Sections 108, 113, 114, 124, 128, 132, 133, 135, 135A, 137(1), 138B and 138B(1); Import and Export (Control) Act, 1947 - Sections 3(1)

Reported in : (2005)2GLR1033

by the learned trial Court holding the petitioners guilty of the offence punishable under Section 135 of the Customs Act, 1962 (hereinafter referred to as 'the Act').2. The petitioners are the orig. accused persons of the aforesaid Criminal Case, … 137(1) of the Act : '137(1) : No court shall take cognizance of any offence under section 132, section 133, section 134 or section 135, except with the previous sanction of the [Commissioner of Customs].'12. From the plain

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