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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 … should be put on the same footing as acquisition of the title following the transfer of res. 20. Section 141 of the MSA enables the seamen to receive certain amount of wages plus compensation by reason of the

Vittalnathan Vs. Collector of Customs

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 107, 108, 124 and 141

Reported in : 1989(43)ELT19(Mad)

held that the petitioners are bound to appear in pursuance of the summons under Section 108 of the Customs Act, 1962 (hereinafter referred to as the Act) and that they are not entitled to have the presence of a … room to receive all the 90 gold biscuits, with the intention of transporting them to his residence at Section 141 Raja St, Coimbatore. These biscuits, according to Hari Prasad, to be handed over to Rajagopal who is the

industrial Cables (India) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Punjab and Haryana

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(1), 2(33), 2(34), 17, 18, 19, 46, 47 and 50; Imports and Exports (Control) Act; Import (Control) Order, 1955

Reported in : 1986(9)ECC88; 1986(25)ELT33(P& H)

in this argument would be evident when reference is made to some of the relevant provisions of the Customs act, 1962 (hereinafter called the Act). Sub-section (1) of Section 2, of the Act defines 'adjudicating authority' to mean 'any … entitled to transfer the aforesaid licences to any person in accordance with the provisions of paras 140 and 141 of the Import. Policy 1982-83, it transferred Licence No. P/L/ 0339179 dated 27.5.1982 to M/s. General Foods (Private)

J.K. Synthetics Vs. Municipal Council, Kota

Court : Rajasthan

Subject : Municipal Tax

Acts : Rajasthan Municipalities Act, 1959 - Sections 104, 139, 141(1), 143, 149, 271 and 271(1); Code of Civil Procedure (CPC) , 1908 - Sections 9 and 80

Reported in : AIR1989Raj51; 1988(2)WLN487

Committee in Secretary of State v. Mask & Co. AIR 1940 PC 105. Section 188 of the Sea Customs Act, which was incoporated in the Land Customs Act of 1924, provided for an appeal from any decision or … yarn sold to them. However, the respondent Municipal Council on Dec. 18, 1962 for the first time demanded payment of octroi duty on the cops … of deposit of the amount by the appellate authority on such terms and conditions as it may impose. Section 141 provides for reference to the High Court in following terms :'(1) If during the hearing of an appeal

D.B. Bhappu Vs. Parasmal Nemaji Bhimani

Court : Mumbai

Subject : Constitution

Reported in : (1976)78BOMLR500

is opposed.2. The prosecution pending before the learned Magistrate is one under Section 135(7) and 135(ft)(6) of the Customs Act, 1962. As we have pointed out earlier, it is a prosecution commencing on a private complaint by the Assistant … to bypass a pronounced judgment of the Supreme Court, which binds every Court in this country under Article 141 of the Constitution, a fit case arises where the powers of superintendence of the High Court must be

Kala Gems Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1997)(92)ELT156TriDel

what was described in the said import documents. Accordingly, the goods were seized under Section 110 of the Customs Act, 1962 (for short, the Act) under the belief that the imported consignment was grossly under-invoiced and hence liable to … and Beads, Hong Kong and blank letterhead papers of several foreign concerns as well as foreign currency of 141 US $, 880 Thailand Bahts and 30 Hong Kong Dollars were found in the table drawer. 737.4 kgs.

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

Bombay Oil Industries Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 12 and 25(1); Customs Tariff Act, 1975

Reported in : 1995LC436(SC); 1995(77)ELT32(SC); JT1995(3)SC64; 1994(5)SCALE97; 1995Supp(1)SCC295; [1994]Supp6SCR301

to them was not mutton tallow. These imports were subject to customs duty under the provisions of the Customs Act, 1962. As per the applicable customs tariff as laid down in the First Schedule to the Customs Tariff Act, … being Notification No. 141-CUS/76 issued in exercise of powers conferred on the Central Government by Sub-section (1) of Sections 25 of the Customs Act, 1962. The said Notification provided that the Central Government being satisfied that it

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

resins from customs duty by the Notification No. 66 dated March 15, 1979 under Section 25(1) of the Customs Act, 1962 and the said notification of exemption was to remain in force up to March 31, 1981, but subsequently … entrepreneurial base and developing skill/expertise in the State of Orissa.33. Mr. Parija submitted that by notification S.R.O. No. 141/ 2000 dated February 17, 2000 issued under Section 6 of the Orissa Sales Tax Act, the State Government

Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 2(21), 2(27), 2(28), 11, 12, 14, 52, 53, 54, 86, 86(2), 87 and 90; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 3(2), 3(3), 3(4), 4, 5, 6, 6(1), 6(2), 6(5), 6(6), 7, 7(1), 7(6) and 7(7); Customs Tariff Act, 1975; General Clauses Act - Sections 3(28); Constitution of India - Articles 1, 1(3), 265 and 297; Customs Act, 1982; Central Excise Act, 1944; Income Tax Act, 1961 - Sections 9(1)

Reported in : 2008(128)ECC213; 2008(154)LC213(SC); 2008(227)ELT24(SC); JT2008(5)SC256; 2008(6)SCALE128; (2008)11SCC439

duty on the goods imported into, or exported from, India is provided for under Section 12 of the Customs Act, 1962. Section 12 is the charging Section which provides- Except as otherwise provided in this Act 'duties of customs shall