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Sep 26 1997

Abheychand Bhanaji Vs. Union of India

Court : Chennai

Decided on : Sep-26-1997

Subject : Customs

Acts : Customs Act, 1962 - Sections 144

Reported in : 1998(98)ELT17(Mad)

the period namely 11-4-1986 to 28-4-1986.26. As seen from the detention certificate issued under Section 144 of the Customs Act, 1962; the goods have been detained for the period from 1-4-1986 to 10-4-1986 as well as from 29-4-1986 to

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Mar 23 2006

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

Court : Supreme Court of India

Decided on : Mar-23-2006

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 … rights towards wages which can be enforced by proceedings under Section 145. In terms of the provisions of Section 144, the right of the seamen to wages is unfettered and no limitations on the entitlement to and exercise

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Mar 25 1976

The Collector of Customs Vs. Mehta Paint Works and anr.

Court : Chennai

Decided on : Mar-25-1976

Subject : Customs

Acts : Customs Act, 1962 - Sections 17(3), 17(4), 45(1), 51, 56 and 144; Drugs Act; Madras Port Trust Act, 1905 - Sections 42, 43 and 43-A

Reported in : AIR1977Mad61; (1977)1MLJ15

detained by the Collector of Customs for examination under Section 17(3) and (4) and for chemical test under Section 144 of the Customs Act 1962, other than the ordinary processes of appraisement and certified by the Collector of … the first respondent to obtain the clearance of the goods at a concessional rate.3. Section 45(1) of the Customs Act, 1962 provides that all imported goods unloaded in a customs area shall remain in the custody of such person

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Oct 17 1994

R . C . Fabrics ( P ) Ltd . Vs . Union of India Overruled

Court : Delhi

Decided on : Oct-17-1994

Subject : Customs

Acts : CODE OF CIVIL PROCEDURE, 1908 - Section 144; CUSTOMS ACT, 1962 - Section 17, CUSTOMS ACT, 1962 - Section 45, CUSTOMS ACT, 1962 - Section 108, CUSTOMS ACT, 1962 - Section 110, CUSTOMS ACT, 1962 - Section 111, CUSTOMS ACT, 1962 - Section 112, CUSTOMS ACT, 1962 - Section 125; INDIAN CONTRACT ACT, 1872 - Section 72, INDIAN CONTRACT ACT, 1872 - Section 129D

by the Customs Authorities and as a result thereof the goods were seized under Section 110 of the Customs Act, 1962 in the belief that they were liable to be confiscated on the ground of misdeclaration. The petitioner requested … will be exercised whenever the justice of the case demands and is not confined within the ambit of Section 144 of the Code of Civil Procedure. It was also of the opinion that even where the case may

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Jul 20 2005

Magma (India) and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-20-2005

Subject : CustomsFood Adulteration

Acts : Customs Act, 1962 - Sections 144; ;Prevention of Food Adulteration Act, 1954 - Sections 5, 6(2), 9, 10, 11 and 13(5); ;Prevention of Food Adulteration Rules, 1955 - Rule 48B

Reported in : 2005(189)ELT261(Del); 2006FAJ5

intervention. 2. Mr. Rishi Manchanda, learned counsel for the Petitioner, had drawn attention to Section 144 of the Customs Act, 1962 which empowers the Proper Officer at the time of the entry or clearance of any goods or at

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Jul 15 1998

Amar Ferro Metals (P) Ltd. Vs. Madras Port Trust

Court : Chennai

Decided on : Jul-15-1998

Subject : Customs

Acts : Customs Act, 1962 - Sections 111 and 144; Customs (Amendment) Act, 1975 - Sections 17(3) and 17(4); Madras Port Trust Act - Sections 42; Scale of Rates of Madras Port Trust Rules - Rules 13 and 15

Reported in : 1999(114)ELT8(Mad)

detained by the Collector of Customs for examination under Section 17(3) and (4) and for chemical test under Section 144 of the Customs Act, 1962 other than the ordinary processes of appraisement and certified by the Collector of … not be enhanced as determined, and why the goods should not be confiscated under Section 111(m) of the Customs Act, 1962 and also subject the petitioners for penalty under the Customs Act. Except the petitioner in W.P. No. 12414

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Jan 28 2004

Hyundai Merchant Marine Compay Ltd. and anr. Vs. Union of India (Uoi) ...

Court : Delhi

Decided on : Jan-28-2004

Subject : Customs

Acts : Customs Act, 1962 - Sections 144, 145 and 150

Reported in : 2004(73)DRJ44; 2004(94)ECC340; 2004(171)ELT3(Del)

Matched in: Advocate N. Ganpathy, Adv Maninder Singh and ; Sahib Singh, Commissioner of Customs (ICD) for respondents 1 and 2, ;

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Feb 10 1983

Birendra Bahadur Pandey Vs. Gramophone Co. of India Ltd. and ors. Overruled

Court : Kolkata

Decided on : Feb-10-1983

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 51 and 53; ;Customs Act, 1962 - Sections 2(23), 11, 11(O), 25 and 53; ;Import and Export Control Order, 1955 - Section 11; ;Constitution of India - Article 226

Reported in : AIR1984Cal69

the nature of mandamus commanding and directing respondents 1 and 2 to forthwith take appropriate steps under the Customs Act 1962 to inter alia confiscate the said cassettes and deliver the same to your petitioner. (c) A writ of … to certain other Sections of the Customs Act, namely, Sections 64, 68, 144, 80, 46 and 30 in aid oi the submissions made at the … the Registrar of Copyright. New Delhi, respondent 6, according to the petitioner, in accordance with the provisions of Section 53, Copyright Act, 1957. The petitioner thereafter filed an application under Article 226 of the Constitution in which

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Nov 02 1998

Shree Tirumala Udyog Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on : Nov-02-1998

Subject : Land Acquisition

Reported in : (1998)LC169Tri(Chennai)

in terms of Notification 203/92 and duty demanded was therefore in terms of proviso to Section 28(i) of Customs Act, 1962 in respect of importations which had already been made.2. The learned lower authority in the impugned order demanded … authority. He has pleaded that in respect of the sample which were sent to the CIPET requirements of Section 144 of the Customs Act were not complied with. He has pleaded that the appellants have taken objections in

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May 08 1981

international Computers Indian Manufacturers Ltd. and Another Vs. Unio ...

Court : Delhi

Decided on : May-08-1981

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(2), 2(4), 2(14), 2(15), 2(23), 2(25), 2(27), 2(28), 2(33), 12, 14, 15, 17, 18, 18(1), 28, 28(1), 45, 46, 47, 57, 59, 60, 67 and 68

Reported in : 1981(8)ELT632(Del)

of the Assistant Collector of Customs, the said components were transferred in Bond under Section 67 of the Customs Act, 1962 to be warehoused at petitioner's factory at Pune. As and when each consignment was permitted to be transferred

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