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State, Cbi Vs. Sashi Balasubramanian and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 90, 91 and 95; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Customs Act, 1962 - Sections 2, 3 and 136; Indian Penal Code (IPC) - Sections 120B, 420 and 471; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorists and Disruptive Activities (Prevention) Act, 1987; Income Tax Act - Sections 154 and 271(1); Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1965; Code of Criminal Procedure (CrPC) , 1973 - Sections 156(3), 190 to 199, 195, 200, 202, 245 and 482; Code of Criminal Procedure (CrPC) , 1898 - Sections 200 and 202; Central Excise Rules, 1944 - R

Reported in : (2006)206CTR(SC)857; 2006(204)ELT193(SC); [2007]289ITR8(SC); JT2006(9)SC535; 2006(10)SCALE541

Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 136 of the Customs Act, 1962. The Company and its Directors, however, in the meanwhile filed an application in terms of the Scheme. Declarations

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

Court : Supreme Court of India

Subject : Criminal

Acts : Customs Act, 1962 - Sections 110(2), 112 and 123; Constitution of India - Articles 136 and 226

Reported in : AIR1988SC1474a; 1988(18)ECC11; 1988(35)ELT612(SC); JT1988(2)SC433; (1988)3SCC257; [1988]3SCR797; 1988(2)LC137(SC)

of 565 wrist watches seized from the petitioner's possession on 12th May, 1973 under Section 111 of the Customs Act, 1962 (hereinafter called 'the Act') and the imposition of penalty of Rs. 2,00,000 under Section 112 of the Act … Sabyasachi Mukharji, J.1. This is a petition for leave to appeal under Article 136 of the Constitution of India directed against the judgment and order dated 25th November, 1985 of the High

Trilok Nath Mittal Vs. Union of India (Uoi)

Court : Allahabad

Subject : Customs

Acts : Customs Act, 1962 - Sections 108 and 135(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 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 disposed of … The petitioners in both these petitions are accused 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

Rai Bahadur Seth Sreeram Durgaprasad (P) Ltd., Visakhapatnam Vs. Deput ...

Court : Andhra Pradesh

Subject : Customs

Acts : Customs Act, 1962 - Sections 11, 105, 110, 111 and 136(2); Constitution of India - Article 14; Sea Customs Act, 1878 - Sections 19 and 172; General Clauses Act - Sections 8

Reported in : AIR1965AP294; 1965CriLJ180

designated high rank.' (32) Another provision was introduced in the Customs Act, 1962, providing an additional safeguard. Section 136(2) of the Customs Act runs as follows : '136 (2) if any officer of Customs . .. . … shall have effect accordingly except.............................' The Sea Customs Act of 1878 was repealed by S. 160 of the Customs Act 1962. Section 8 of the General Clauses Act (Central Act X of 1897) runs as follows:- 'Where this Act, or

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

471 IPC as also Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 136 of the Customs Act, 1962. The Company and its Directors had given a declaration on 31.12.1998. However, the … both direct as well as indirect. Section 87 (j) specifically brings into the fold of the Scheme the Customs Act, 1962, which is the concerned Act for the purpose of the present controversy. Section 87 (a) gives the definition

C.C.E.C and St, Vishakhapatnam. Vs. Jocil Ltd.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Tariff Act, 1975; Customs Act, 1962. - Section 28; Constitution Of India - Article 136

CVD/SAD. The Assistant Commissioner of Customs asked the Respondent to pay the differential duty, under S.28 of the Customs Act, 1962.3. The Chemical Examiner, Visakhapatnam reported that the goods in question were RBD Palm Stearin with an admixture of … It is not for the Court to determine for itself under Article 136 of the Constitution under which item a particular article falls. It is … We also find that Rule 1 of the General Rules of Interpretation specifically state that "the titles of Sections, Chapters and sub-Chapters are provided for ease of reference only; for legal purposes, classification shall be determined according

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

rebate/refund of the CVD paid on the inputs. 3. CVD is imposed when import is made under the Customs Act, 1962 read with Section 3 of the Customs Tariff Act, 1975. 4. Section 3 of the Customs Tariff Act, … Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978); (d) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by Section 169 of the Finance Act, 2003

British Physical Laboratories India Ltd. Vs. Assistant Collector, Dire ...

Court : Karnataka

Subject : Customs

Acts : Customs Act, 1962 - Sections 3, 12, 14, 18, 37(1), 37(2), 105, 105(1), 105(2), 106, 110, 124 and 136(2); Central Excise Rules, 1944 - Rule 201; Constitution of India - Article 226

Reported in : 1983LC1793D(Karnataka); 1983(14)ELT2270(Kar)

of Criminal Procedure. 15. Section 12 of the Act empowers Central Government to apply the provisions of the Customs Act, 1962 (Central Act No. 52 of 1962) (hereinafter referred to as the Customs Act) in respect of duties imposed … his act was guided by mala fides. But, the more effective control on him is found in Section 136(2) of the Act.' As I apprehend, these observations of the Supreme Court, though not directly but indirectly negative

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

Court : Supreme Court of India

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.

with the previous sanction of the Commissioner of Customs.(2) No court shall take cognizance of any offence under Section 136, -(a) where the offence is alleged to have been committed by an officer of customs not lower in … 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

Mackintosh Burn Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Limitation

Acts : West Bengal Co-operative Societies Act, 1983 - Sections 95, 95(3), 135, 135(2), 136, 136(1) and 136(2); ;Limitation Act, 1963 - Sections 3, 4 to 24 and 29; ;Code of Civil Procedure (CPC) - Order 41, Rule 3A; ;Customs Act, 1962 - Section 27; ;Constitution of India - Articles 226 and 227; ;Coal Bearing Areas (Acquisition and Development) Act, 1957 - Section 10; ;Bihar Public Demands Recovery Act, 1914; ;Orissa Public Demands Recovery Act, 1914; ;Mineral Concession Rules, 1960 - Rule 54

Reported in : 2007(2)CHN115

to in their petition, in the prescribed form as per the amended provision of Section 27 of the Customs Act, 1962, within two weeks from the date of its order with specific direction upon the respondents not to reject … before the Appellate Tribunal against the said award dated 31st January, 2003. Necessarily the appeal was preferred under Section 136(1) of the said Act. It is worthwhile to state that Sub-section (2) of Section 136 of the said