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Modern Rubber Industries Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 155; Customs Rules; Customs Regulations

Reported in : 2003(2)ALLMR303; 2003(154)ELT571(Bom)

for the revenue refuted all the submissions made by the petitioner and relying upon Section 155 of the Customs Act, 1962 ('Act' for short) contended that none of the authorities have recorded any finding to the effect that any

Kantilal Takhatmal JaIn and anr. Vs. State

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4, 5(2), 57(1), 62, 114, 155, 155(1), 155(2), 156(1), 156(2), 173, 190(1), 207A, 250, 251A, 252, 260(1), 262, 263, 264, 265, 420, 438, 466, 472, 474 and 510; Defence of India Rules, 1962 - Rules 9, 36, 83, 125(2), 131B, 131B(5), 133B, 133J, 152 and 154; Customs Act - Sections 104(4), 134, 135 and 137; Indian Penal Code (IPC), 1860 - Sections 34, 161, 193, 204, 385 and 414, ; Essential Commodities Act, 1955 - Sections 7; Bombay District Police Act - Sections 61

Reported in : AIR1970Bom225; (1968)70BOMLR757; 1970CriLJ799; ILR1969Bom1172; 1969MhLJ199

police had no power to file a charge-sheet in respect of the offence under Section 135 of the Customs Act. 1962 for which the accused are being tried.2. The few facts which are relevant to this application are as … as the said police officers had not been authorised by an order of a Magistrate as required under Section 155 (2) of the Criminal Procedure Code. It was further submitted that the charge-sheet that was filed was not

Union of India and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 2; Andhra Pradesh General Sales Tax (Amendment) Act, 1985; Customs Act, 1962; Constitution of India - Articles 131, 143, 194, 212, 226, 277, 285 and 289; Madhya Pradesh General Sales Tax Act; Evidence Act, 1872 - Sections 155; Code of Criminal Procedure (CrPC) , 1898 - Sections 288; Central Excises and Salt Act, 1944 - Sections 36; Government of India Act - Sections 154 and 155

Reported in : 1996(2)ALT929; [1996]103STC34(AP)

respondent - State of Andhra Pradesh. According to them, whenever there are violations of the provisions of the Customs Act, 1962, goods involved are confiscated, they are put to sale and upon the sale of such goods the State … witness examined before a committing Magistrate would not be admissible in evidence except under section 145 or under section 155 of the Evidence Act for the purposes of the witness being examined as to his previous statement and

Brij Bhushan Vs. State and anr.

Court : Delhi

Subject : Criminal

Acts : Arms Act - Section 27; ;Indian Penal Code (IPC) - Sections 34, 96 to 98, 99, 100 to 106, 186, 302, 307, 332, 353, 364, 365 and 506; ;Customs Act, 1962 - Section 155 and 155(1); ;Code of Criminal Procedure (CrPC) - Sections 155, 155(1), 161, 195, 197, 245(2) and 482; ;Constitution of India - Articles 226 and 356; ;Code of Criminal Procedure (CrPC) (Amendment) Act, 1991

Reported in : 168(2010)DLT334

admit that at the relevant time the custom officer was discharging his official duties.IV. Section 155 of the Customs Act, 1962 also provides an embargo for initiating of any proceedings against the Customs Inspector like the petitioner unless the

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

Subject : Land Acquisition

or any other law for the time being, has to be examined with the other provisions in the Customs Act, 1962. Section 2(39) of the Act, defines Smuggling in relation to any goods, which means, any act or omission which

Sunil Kumar and Others Vs. Central Bureau of Investigation and Others

Court : Punjab and Haryana

Subject : Education

Criminal Revisions have been filed for setting aside the orders whereby applications moved under Section 155(2) of the Customs Act, 1962 and the application under Section 227 Cr.P.C. filed by the petitioners have been dismissed and charges under Sections

B. Saha and ors. Vs. M.S. Kochar

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 197, 197(1), 200 and 202; Indian Penal Code (IPC) - Sections 120B, 166 and 409; Customs Act, 1962 - Sections 155

Reported in : AIR1979SC1841; 1979CriLJ1367; 1979CENCUS461D; (1979)4SCC177; [1980]1SCR111

in the absence of sanction under Section 197 of the CrPC, 1898, and under Section 155 of the Customs Act, 1962, for prosecution of the appellants.9. The Magistrate accepted this objection and held that in the absence of sanction

Acharya Brothers Vs. Union of India (Uoi)

Court : Kolkata

Subject : Customs

Acts : Indian Tariff Act, 1934; ;Customs Act, 1962 - Sections 2(15), 12, 17, 18, 26, 26(4), 27, 27(4), 46, 50, 51, 130, 131 and 155; ;Foreign Exchange Act, 1947; ;Foreign Exchange Regulation Act; ;Customs Tariff Act, 1975; Limitation Act - Section 29(20); ;Sea Customs Act; ;Constitution of India - Article 226; ;Short Export Rules, 1963; ;Customs Rules; ;Customs Regulation; ;Code of Civil Procedure (CPC) - Section 9

Reported in : 1982(10)ELT950(Cal)

not realisable by the plaintiff from the defendant. The second point taken by the defendant is that under Section 155 of the Customs Act, 1962 no suit prosecution or other legal proceedings shall lie against the Central Government … exported from India no duty whatsoever could be levied and/or collected under the Indian Tariff Act, 1934 and/or Customs Act, 1962. As such the plaintiff became entitled to receive from the defendant and the defendant was obliged to refund

Kumar Trading Co. Llc Vs. Union of India (Uoi)

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 49, 110, 111, 124 and 155

Reported in : 2001(132)ELT578(Cal)

India), and(iv) : 2000CriLJ1473 (Chairman, Railway Board and Ors. v. Chandrima Das).13. He further contends that protection under Section 155 of the Customs Act, 1962 is not amenable to the Officers and/or respondents. Since their action has been … 1997, and immediately after landing, the consignment was seized by the Customs authorities under Section 110 of the Customs Act, 1962.3. The importer namely M/s. Nitu Enterprises by a letter dated 3rd April, 1998 expressed inability to the Customs

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

Court : Andhra Pradesh

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