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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

A.K. Thaker Vs. Miss Marylivina Chinyere Okereke and ors

Court : Mumbai

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 23, 30 and 67; Customs Act, 1962 - Sections 135A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313

Reported in : 2001ALLMR(Cri)1776

Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and under Section 135A of the Customs Act, 1962. By his impugned Judgment and order, the Special Judge acquitted both the Respondents of all the charges levelled … of 10 years and a fine of Rs. 1,00,000/-and in default, to undergo six months rigorous imprisonment under Section 21 of the N.D.P.S Act. She is also sentenced to undergo 10 years rigorous imprisonment under Section 23 of

Pride Foramer Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Customs

Acts : Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 6, 6(6), 7 and 7(7); Customs Act, 1962 - Sections 2(21), 12, 14, 15, 53, 54, 57, 86(2) and 87; Constitution of India - Articles 1(3), 51 and 297; ;General Clauses Act, 1897 - Sections 3(28)

Reported in : AIR2001Bom332; 2002(1)ALLMR151; 2002(4)BomCR751; 2002(148)ELT19(Bom); 2001(3)MhLj819

Delhi had published the Gazette of India extraordinary dated 1st December, 1997 notifying that the extensions of the Customs Act, 1962 and the Customs Tariff Act, 1975 to the designated areas in the Continental Shelf and Exclusive Economic Zone … outside the territorial waters of India whilst operating in designated area is a foreign going, vessel pursuant to Section 2(21)(ii) of the Customs Act.(C) The goods sent to the Oil Rig are stores and are liable to

Kunhi Mohammad Vs. Union of India (Uoi)

Court : Kerala

Subject : Customs

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 2, 3(1) and 8; Customs Act, 1962 - Sections 2(39), 108, 127B and 137 ; Finance (No. 2) Act, 2004 - Sections 71

Reported in : 2006CriLJ4352; 2006(3)KLT795

the two lorries collectively valued at Rs. 7,00,000/- under a mahazar dated 30-11-2004 under the provisions of the Customs Act, 1962.6. The detenu Kunjhippa appeared before the Superintendent of Customs and his voluntary statement under Section 108 of the … the detaining authority and the same was rejected and reply was sent to the detenu vide letter dated 21-12-05. The Advisory Board after hearing the detenu opined vide letter dated 16-1-2006 there was sufficient reasons for the

inspector of Customs, Akhnoor J and K Vs. Yash Pal and anr.

Court : Supreme Court of India

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21 and 41(2); Customs Act, 1962 - Sections 108 and 110; Code of Criminal Procedure (CrPC) (old) - Sections 342 and 342A; Code of Criminal Procedure (CrPC) (new) - Sections 205(1), 233(2), 243(1), 247, 313, 313(1), 315 and 317; Indian Penal Code (IPC) - Sections 205, 363 and 540A

Reported in : 2009(57)BLJR1260; 2009CriLJ2251; 2009(236)ELT3(SC); JT2009(3)SC577; RLW2009(1)SC830; 2009(3)SCALE590; (2009)4SCC769; 2009(2)ShimLC291; 2009(3)LC1286(SC)

powder, each weighing one kg. were recovered and seized by the Custom staff under Section 110 of the Customs Act, 1962 (in short `Customs Act'). Apart from that, one pair of Chappal and two pairs of shoes total three … High Court directing acquittal of the respondents who were found guilty of offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the `Act').3. Background facts in a nutshell

Raj Kumar Karwal Vs. Union of India and Others

Court : Supreme Court of India

Subject : Narcotics

Acts : Central Excise Act, 1944 - Sections 21(2); Opium (Amendment) Act, 1878; Code of Criminal Procedure (CrPC) 1973 - Sections 154, 162, 173, 176, 190(1) and 439; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 21, 23, 29, 30, 35, 36-A, 41, 42, 43, 44, 49, 50, 51, 52-A, 53, 54, 55, 57 and 67; Evidence Act, 1872 - Sections 25; Customs Act, 1962 - Sections 135A; Opium Act, 1856; Dangerous Drugs Act, 1930; Universal Declaration of Human Rights, 1948 - Article 25; International Covenant on Economical, Social and Cultural Rights, 1966 - Article 12; Police Act, 1861; Sea Customs Act - Sections 167(81); Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1)

Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC); 1991 Cri LJ 197

said two persons under Sections 21, 23, 29 and 30 of the Act and Section 135A of the Customs Act, 1962. The appellants now stand committed to the Court of Sessions for trial. On the appellants applying for enlargement

John Ohuma Ogmekwe and Another Vs. Intelligence Officer Narcotic Contr ...

Court : Mumbai

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act. 1985 - Sections 8, 21, 23, 29, 30, 14, 42, 50, 53 and 67; Customs Act, 1962 - Sections 135(1); Evidence Act, 1872 - Sections 3, 17, 25, 26, 27, 59, 61 and 114; Code of Criminal Procedure (CrPC) , 1973 - Sections 31

Reported in : 1998BomCR(Cri)842

N.D.P.S Act, 1985;(but awarding no separate sentence) and iv) Under section 135(1)(a) read with section 135(1)(ii) of the Customs Act,1962. (but awarding no separate sentence).The substantive sentences of the appellants were ordered to run concurrently. 2. In short … 727 of 1990, whereby they have been convicted and sentenced in the manner stated hereinafter : i) Under section 21 read with section 8(c) of the N.D.P.S. Act, 1985, to sufferR.I. for Ten years and to pay a

S.R. Sale and Co. Vs. Commissioner of Customs (General)

Court : Mumbai

Subject : Education

under Regulation 21; (b) Whether Regulation 22(8) of the CHALR, 2004 is ultra vires the provisions of the Customs Act, 1962 inasmuch as the same takes away the substantive right of Appeal to the CESTAT as provided under Section

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 … issued by it under Section 19 of the Punjab General Clauses Act, 1898 which is similarly worded as Section 21 of the General Clauses Act, 1897 as also Section 22 of the Orissa General Clauses Act, 1937. The

Union of India and Another Vs. Bharat Petroleum Corporation Limited

Court : Mumbai

Subject : Excise

Acts : Merchant Shipping Act - Sections 3(A) and 407; Customs Act, 1962 - Sections 2(21); Mineral Products (Additional Duties of Excise and Customs) Act, 1958 - Sections 3(3); Central Excises Act, 1944

Reported in : 1987(30)ELT383(Bom)

refused. Excise - vessel - Sections 3 (A) and 407 of Merchant Shipping Act, Section 2 (21) of Customs Act, 1962, Section 3 (3) of Mineral Products (Additional Duties of Excise and Customs) Act, 1958 and Central Excises Act, 1944