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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 the

M/S. Central Cables Limited and Others Vs. the Union of India, Through ...

Court : Mumbai Nagpur

Subject : Land Acquisition

machine (capital goods) Gravi Mix Magruire WSB 420, valued at Rs.5,21,396/- under Section 111(d) and (f) of the Customs Act, 1962 (hereinafter referred to as the Act), and in terms of its Section 125, gave option to pay fine … under Section 111 or penalty under Section 112, œmensrea? is not an essential ingredient. He relied upon Section 138-A which presumes an culpable mental state in the accused in any prosecution for an offence under the Act.

Avnish Bajaj Vs. State

Court : Delhi

Subject : Criminal

Acts : Information Technology Act, 2000 - Sections 67 and 85; ;Negotiable Instruments Act, 1881 - Sections 138 and 141; ;Customs Act, 1962 - Sections 140; ;Employees' Provident Fund (Miscellaneous Provision) Act, 1952 - Sections 14A; Essential Commodities Act, 1955 - Sections 3 and 10; Iron and Steel Control Order, 1956; ;Communications Decency Act; ;Telecommunications Act, 1996; ;Child Online Protection Act, 1998; ;Children Internet Protection Act, 2003; ;Criminal Justice and Public Order Act, 1994; ;Protection of Children Act, 1978; ;Protection of Children (Amendment) Act, 1994; ;Indian Penal Code (IPC) - Sections 32, 35, 292, 292(1), 292(2), 294, 405 and 406; Code of Criminal Procedure (CrPC) , 1973 - Sections 91, 190(1), 173(2), 204, 319 and 482; Water (Prevention and Control

Reported in : 150(2008)DLT769; 2008(105)DRJ721

provision similar to Section 141 of the Negotiable Instruments Act, 1881 ('NI Act') or Section 140 of the Customs Act, 1962 or Section 85 of the IT Act. These are provisions that provide for a deemed criminal liability of … was reiterated in Anil Hada v. Indian Acrylic Ltd. : 2000CriLJ373 where the Supreme Court was interpreting Sections 138 and 141 of the NI Act. That was a case where the company itself had not been made

Sayad Mohammed Sadiq and ors. Vs. G.S. Narang, Asst. Collector of D.R. ...

Court : Mumbai

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 138B and 138B(1); Evidence Act, 1872 - Sections 33; Code of Criminal Procedure (CrPC) , 1898 - Sections 288

Reported in : 1992(1)BomCR359

above terms made partially absolute. (i) Criminal - evidence - Sections 138 B and 138 B (1) of Customs Act, 1962, Section 33 of Evidence Act, 1872 and Section 288 of Criminal Procedure Code, 1973 - Court must arrive at

Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Subject : NarcoticsConstitution

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 9, 22, 23, 25, 35, 37, 37(1), 39, 42, 43, 50, 51, 52, 52A, 52A(1), 52A(2), 52A(4), 53, 53(1), 53(2), 53A and 54; Customs Act, 1962 - Sections 108, 108(4), 100(1B), 110, 110(1), 110(1A), 110(1B), 111, 123, 135, 138B, 138B(1), 180 and 184 ; Evidence Act - Sections 25, 113A, 113B and 114; Indian Penal Code (IPC) - Sections 26, 193 and 228; Human Rights Act, 1998 - Sections 3; Misuse of Drugs Act, 1971 - Sections 28, 28(2) and 28(3) ; Misuse of Drugs Act, 1975 - Sections 6(6); Dangerous Drugs Act, 1986; Negotiable Instruments Act, 1881 - Sections 118 and 139; Foreign Exchange Regulation Act, 1973 - Sections 18(2) and 18(3); Prevention of Corruption Act; Terrorist and Disruptive Activities (Prevention) Act, 1987; Road

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

at Raja Sansi Airport at about 6 p.m. on 1.08.1997. He presented himself before the authorities under the Customs Act, 1962 (for short 'the Customs Act') for customs clearance. He was carrying a carton with him said to be … the High Court erred in placing explicit reliance upon Section 108 of the Act - Held, as per Section 138 B there should be first instance statement made and signed by a person before competent custom official and

Gopal Govind Chogale Vs. Assistant Collector of Central Excise and anr ...

Court : Mumbai

Subject : CustomsCriminal

Acts : Customs Act, 1962 - Sections 138B(1); Evidence Act, 1872 - Sections 30; Code of Criminal Procedure (CrPC) , 1978 - Sections 246(1)

Reported in : 1985(2)BomCR499

is discharged. His bail bond stands cancelled. Criminal - confession of co-accused - Section 138 B (1) of Customs Act, 1962, Section 30 of Evidence Act, 1872 and Section 246 (1) of Criminal Procedure Code, 1973 - co-accused is obviously

Ruli Ram and ors. Vs. Assistant Collector, Central Excise Division

Court : Himachal Pradesh

Subject : CustomsCriminal

Reported in : 1987(12)ECC192

H.S. Thakur, J.1. A complaint under Section 135(1)(b)(ii) of the Customs Act, 1962, was filed by the Assistant Collector Central Excise, Chandigarh in the Court of Chief Judicial Magistrate, Simla, on … it would legitimately be treated as a warrant case and has to be tried as such. However, under Section 138 of the Customs Act, there is a provision for the offences to be tried summarily. It is convenient

K. Narayanan Vs. Collector of Customs and Central Excise

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(11), 2(39), 104, 107, 108, 138B

Reported in : 1990(26)ECC134; 1990(47)ELT346(Mad)

recorded in the lock-up and they were recorded as admitted by the accused under Section 108 of the Customs Act, 1962. It is further stated that the petitioner's wife was not compelled to declare and she voluntarily gave it, … statements obtained from the said Kamalanathan, Gopalakrishnan, Mangayarkarasi and from the Petitioner's wife Vadivu are irrelevant under Section 138-B of the Customs Act for all proceedings whether prosecution or adjudication or merely executive or merely administrative proceedings

Subhash Choudhary Vs. Deepak Jyala

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 104, 104(3), 104(4), 123, 135, 135(1) and 138; Indian Penal Code; Code of Criminal Procedure (CrPC)

Reported in : 2005CriLJ1034; 2005(99)ECC654; 2005(179)ELT532(Bom)

petitioner is that the offence for which he has been arrested is one under Section 135(1)(ii) of the Customs Act, 1962 (hereinafter referred to as the 'Act'), which is a bail able offence; for which reason, the Magistrate could … being in force; and 'non-bail able offence' means any other offence...........'7. It is also relevant to note that Section 138 of the Act expressly provides that offences such as under Section 135(1)(ii) shall be tried summarily by a

Sangeetaben Mahendrabhai Patel Vs. State of Gujarat and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code Of Criminal Procedure (CrPC), (Cr.P.C) 1973 -- Section 482, 300; Negotiable Instruments Act, 1881 - Section 138; Indian Penal Code (IPC), 1860 - Sections 406 of 420, 114

V.K. Agarwal v. Vasantraj Bhagwanji Bhatia & Ors., AIR 1988 SC 1106, wherein the accused were prosecuted under Customs Act, 1962 (hereinafter referred to as `Customs Act’) and subsequently under Gold (Control) Act, 1968, (hereinafter called as `Gold (Control) … jeopardy for the reason that the appellant has already been tried and dealt with under the provisions of Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as `N.I. Act’) for the same offence.2. Facts and circumstances giving