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Sep 20 1966

India Steam Ship Co. Ltd. Vs. NaraIn Singh and anr.

Court : Kolkata

Decided on : Sep-20-1966

Subject : ServiceCriminal

Acts : Merchant Shipping Act, 1958 - Section 129, 132(1), 145(1), 195, 196 and 201; ;Constitution of India - Article 227; ;Customs Act, 1962 - Section 12

Reported in : AIR1968Cal64,1968CriLJ137

and also imposed a personal penalty of Rs. 1,000 on the crew members under Section 112 of the Customs Act, 1962.2. The petitioner, Messrs India Steamship Company Ltd. was of the view that the Articles of Agreement which … p. as wages together with a further sum of Rs. 138 as double pay for non-payment, under Section 145(1) of me Merchant Shipping Act, 1958 at the instance of Narain Singh, Engine Room, 2nd Tindal, holding C.

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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 … 141 and 144 constitute a scheme of statutory 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

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Oct 10 1988

Sriyansh Woollen Mills (Pvt.) Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Oct-10-1988

Subject : Service Tax

Reported in : (1990)(46)ELT190TriDel

the Customs Act, 1962. The rate of duty on polyester fibre was 145% + 9/Kg. + 40% + Rs. 45/Kg. + 15% as against the … Customs Act, under a reasonable belief that the same were liable to confiscation under the provisions of the Customs Act, 1962.As per the chemical examination report of the chemical examiner, Central Revenue Control Laboratory, the goods under seizure (as … of each of the bales were drawn for chemical test and goods were seized by DRI officers under Section 110 of Customs Act, under a reasonable belief that the same were liable to confiscation under the provisions

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Sep 05 1975

D.B. Bhappu Vs. Parasmal Nemaji Bhimani

Court : Mumbai

Decided on : Sep-05-1975

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 … of such statement if duly proved, may be used to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act, 1872. That was the right of the accused in respect of cases investigated

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Dec 20 1996

Shrijee Sales Corporation and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Dec-20-1996

Subject : Customs

Acts : Customs Act, 1962 - Sections 25; Customs Tariff Act, 1975;

Reported in : 1997(89)ELT452(SC); JT1996(11)SC648; 1997(1)SCALE117; (1997)3SCC398; [1996]Supp10SCR888

No. 66 is as under:In exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the Notification of Government of India in the Ministry of Finance, … in supersession of the Notification of Government of India in the Ministry of Finance, Department of Revenue, No. 145-Customs, dated the 27th July, 1980, the Central Government, being satisfied that it is necessary in the public interest

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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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Jun 03 1983

Baidyanath Basak and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jun-03-1983

Subject : Customs

Acts : Constitution of India - Articles 19, 20, 20(1), 20(2), 20(3), 21, 22 and 22(1); ;Indian Penal Code (IPC) - Sections 193, 228, 323, 330, 426 and 448; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(1), 161(2), 175, 218, 219, 219(1), 220, 221 and 223; ;Customs Ordinance - Section 116; ;Gold (Control) Act, 1968 - Sections 8, 8(1), 34, 35, 71, 71(1), 71(2) 74, 123(1) and 123(2); ;Customs Act, 1962 - Sections 108, 111, 112, 119, 121, 123, 124, 127, 135, 136, 136(1), 136(2) and 145(2); ;Sea Customs Act, 1878 - Sections 167(1), 167(3), 167(8), 167(81), 171A, 178A, 182 and 186; ;Forgien Exchange Regulation Act - Section 23; ;Evidence Act - Sections 2, 21, 24 and 132; ;General Clauses Act - Sections 3(38), 26; ;Gold (Control) Rules; ;Gold (Control) Orders

Reported in : 1986(9)ECC109,1988(17)LC781(Calcutta),1987(30)ELT198(Cal)

to as the said Act) read with Section 8(1) of the same and under Section 135 of the Customs Act, 1962 (herein-after referred to as the said 1962 Act). Under Section 35 of the said Act, it has been … under Sections 448, 426, 330and 323 of the I.P.C. for non-compliance of the procedure laid down under Section 145(2) of the said 1962 Act and such order was passed on 25th July, 1972 in respect of the

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Feb 06 2009

A.P. Civil Liberties Committee (Apclc) Rep. by Its President, Mr. S. S ...

Court : Andhra Pradesh

Decided on : Feb-06-2009

Subject : Criminal

Acts : Right to Information Act (RTI), 2005 - Sections 6, 6(3), 8(1) and 19; Evidence Act, 1872 - Sections 1, 21, 25, 81, 105, 123, 145 and 157; Arms Act, 1959 - Sections 25 and 27; Explosive Substances Act, 1908 - Sections 5; APPS - Sections 8; Commission of Inquiries Act, 1962; Customs Act, 1962 - Sections 106, 106(2) and 155; Gold (Control) Act, 1968 - Sections 108; Ku Klux Klan Act, 1871; Indian Penal Code (IPC), 1860 - Sections 6, 34, 52A, 76 to 106, 135, 147, 148, 149, 201, 202, 203, 204, 216, 217, 221, 299, 300, 302, 304, 304A, 307, 332, 408, 420, 452, 499, 500 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 37, 39, 40, 41, 43, 46, 46(1), 46(2), 46(3), 129 to 132, 132(1), 132, 132(2), 133, 134, 149, 151, 152, 153(3), 154, 154(1), 154(2), 154(3), 155, 156, 156(1), 156(3), 1

Reported in : 2009(1)ALT754

(at the threshold) for interdicting the criminal trial, by recourse to the provisions of Section 155 of the Customs Act, 1962 (the Act). According to the State the officer must face the criminal trial where the question of right … used to corroborate the informant Under Section 157 of the Indian Evidence Act or to contradict him Under Section 145 of the said Act, and if the informant is called as a witness. If the first information is

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Dec 10 2002

Shaw Wallace and Co. Ltd. Vs. Board of Trustees of the Port of Bombay ...

Court : Mumbai

Decided on : Dec-10-2002

Subject : Customs

Acts : Customs Act, 1962 - Sections 34 and 116

Reported in : 2003(3)BomCR851; 2003(156)ELT964(Bom); 2003(2)MhLj457

dated 9th September, 1985 issued by the Customs authorities seeking to levy penalty under Section 116 of the Customs Act, 1962, Ordinarily we would not have taken on ourself the onerous responsibility of adjudicating the show cause notice. However,

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Apr 25 1988

Asstt. Collector of C.E. Vs. T.K. Prasad

Court : Chennai

Decided on : Apr-25-1988

Subject : Customs

Acts : Customs Act, 1962 - Sections 135(1); Evidence Act - Sections 123, 124, 125 and 165; Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act, 1974; Code of Criminal Procedure (CrPC) - Sections 91 and 482; Police Standing Orders - Sections 145; Indian Penal Code (IPC) - Sections 165A

Reported in : 1988(17)ECC290; 1991LC297(Madras); 1989(20)LC124(Madras); 1988(37)ELT189(Mad)

of the fact that Customs Officers acting under the Customs Act of 1962, have powers to search premises or conveyances, collect evidence, grant bail, held … who had filed a complaint against the respondent and another for an offence under Section 135(1)(b)(I) of the Customs Act, now pending before the Additional Chief Metropolitan Magistrate (Economic Offences-l) Egmore, Madras, as C.C. No. 248 of 1987, … question as to whether the statements of witnesses recorded by the Revenue Divisional Officer in an enquiry under Section 145 of the Police Standing Orders, could be considered as a communication made by witnesses to the public officer

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