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UPS Jetair Express Private Limited Vs. The Chief Commissioner of Custo ...

Court : Chennai

Subject : Land Acquisition

and contrary to the provisions of the Courier Imports and Exports (Clearance) Regulations, 1998 and the provisions of Section 140 of the Customs Act, 1962 and that when there is no case made out against the Petitioner, revocation … were smuggled into India through a false declaration and in violation of Foreign Trade Policy, 2009-14 and the Customs Act, 1962. Thereafter, the DRI issued summons to various employees and personnel in charge of clearance in the Petitioner's Company

Sunil Gupta Vs. Union of India

Court : Mumbai

Subject : Land Acquisition

be pleased to issue an appropriate writ, order or directions, declaring the amendment to Section 28 of the Customs Act, 1962 by inserting clause (11), whereby, it provided "all persons appointed as officers of Customs under sub –section (1) … Explanation 2 of Section 28(11), Section 108, Section 2(8), Section 17, Section 28AA, Section 135, Section 135A and Section 140 - Seizure of imported goods - Petitioner/owner of firm, was served with show cause notice by Directorate of

Jagannathrao Punjajirao Pagar Vs. Dipak Dubari

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(39), 3, 6, 111, 113, 132, 133, 134, 135, 135(1), 137, 137(1) and 140

Reported in : 1990(3)BomCR233; 1991(52)ELT36(Bom)

a Complaint attributing to 7 persons the commission of offences punishable under Sections 132 and 135 of the Customs Act, 1962.2. The complaint before the Magistrate is by an Assistant Collector of Customs, Kandla Free Trade Zone (KFTZ), Gandhidham, … 5. Sanction naming the latter necessarily included the former. Reliance in support of this connection is placed upon Section 140 of the Act. What this section lays down is no more than that when a company, which expression

In Re: Mohmed Akhtar Hussein

Court : Gujarat

Subject : Customs

Acts : Customs Act 1962 - Sections 35, 100, 101, 102, 104, 104(2), 108, 135, 137, 138, 139 and 140

Reported in : 1984(16)ELT190(Guj)

investigation - Section 35, 100, 101, 102, 104, 104 (2), 108, 135, 137, 138, 139 and 140 of Customs Act, 1962, Section 167,309 and 437 of Criminal Procedure Code, 1973, Gold Control Act and Arms Act - Whether Section 167

Indian Dyestuff Industries Limited Vs. Union of India

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(1); Central Excise Rules, 1944 - Rules 8 and 140(2); Central Excise Act, 1944 - Sections 3 and 3(1)

Reported in : 1991LC771(Bombay); 1990(47)ELT325(Bom)

Notification reads as follows :'In exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), the Central Govt., being satisfied that it is necessary in the public interest so to … or shale or blending of non-duty paid petroleum products is carried on) declared under sub-rule (2) of Rule 140 of the Central Excise Rules, 1944 to be a refinery, and -(a) Utilised in the refinery in which

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

Union of India (Uoi) Vs. Nand Kishore Kansal

Court : Kolkata

Subject : CriminalCustoms

Acts : Customs Act, 1962 - Sections 108, 135, 140, 140(1) and 140(2); ;Evidence Act - Section 25; ;Companies Act

Reported in : 1985(22)ELT721(Cal)

at Calcutta. 2. The respondent Nand Kishore Kansal was prosecuted on a charge under Section 135 (a), (b), Customs Act, 1962, for having in his possession wrist watches, and other consumer goods, fountain pens of foreign origin and purchasing … the accused independent of his character as a partner of the company the case attracted the provisions of Section 140, Customs Act. Relying upon an un-reported decision of this Court in the case of Krishna Swamp Agarwalla v.

Hordillia Chemicals Ltd. and Another Vs. Union of India and Others

Court : Mumbai

Subject : Customs

Acts : Central Excise Rules, 1944 - Rule 8, 8(1) and 140(2); Central Excises Act, 1944 - Sections 3; Customs Act, 1962

Reported in : 1987(31)ELT651(Bom)

imported article belongs and where such duty is leviable at different rates the highest duty. The provisions of Customs Act, 1962 (52 of 1962) and the Rules and Regulations made thereunder including those relating to drawbacks, refunds and exemptions … paid petroleum product is carried on) declared under sub-rule (2) of Rule 140 of the Central Excise Rules, 1944, to be a refinery, and - … Schedule hereto annexed otherwise than as fuel from the whole of the duty of excise leviable thereon under Section 3 of the Central Excises and Salt Act, 1944 (1 of 1944); Provided that any of the excisable

Shri B.L. Dhaluka, Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 112, 113, 114, 129E and 140; ;Central Excise Act, 1944 - Sections 35F

Reported in : 2003(154)ELT59(Del)

Customs, Excise and Gold (Control) Appellate Tribunal ('the Tribunal' for short), New Delhi, under Section 129E of the Customs Act, 1962 (for short the Act), on applications filed by the petitioners seeking waiver of pre-deposits as a condition precedent … goods in question in any manner contemplated in the said section. It was contended that in contradistinction to Section 140 of the Act, making the functionaries of the company vicariously liable for the offences committed by the company,

O. Konavalov Vs. Commander, Coast Guard Region and ors.

Court : Supreme Court of India

Subject : ServiceCustoms

Acts : Merchant Shipping Act, 1958 - Sections 3(15), 125, 138, 139, 140, 141, 144, 145, 445 and 529; Customs Act, 1962 - Sections 30, 110, 112, 115, 115(2) and 126; Constitution of India - Articles 4 and 21; Contract Act - Sections 172, 173 and 176; Merchant Shipping (Amendment) Act, 1970 - Sections 16(1); Maritime Regulations

Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620

cargo cannot be confiscated and penalty should not be imposed on the persons under Section 112(a) of the Customs Act, 1962. The counsel for the crew sent a reply mentioning the non-involvement of the crew in dealing with any … their property. 14. The Merchant Shipping Act, 1958 (hereinafter referred to as 'the MSA') in Sections 138, 139, 140, 141 and 144 constitute a scheme of statutory rights towards wages which can be enforced by proceedings under