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Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Subject : NarcoticsConstitution

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 9, 22, 23, 25, 35, 37, 37(1), 39, 42, 43, 50, 51, 52, 52A, 52A(1), 52A(2), 52A(4), 53, 53(1), 53(2), 53A and 54; Customs Act, 1962 - Sections 108, 108(4), 100(1B), 110, 110(1), 110(1A), 110(1B), 111, 123, 135, 138B, 138B(1), 180 and 184 ; Evidence Act - Sections 25, 113A, 113B and 114; Indian Penal Code (IPC) - Sections 26, 193 and 228; Human Rights Act, 1998 - Sections 3; Misuse of Drugs Act, 1971 - Sections 28, 28(2) and 28(3) ; Misuse of Drugs Act, 1975 - Sections 6(6); Dangerous Drugs Act, 1986; Negotiable Instruments Act, 1881 - Sections 118 and 139; Foreign Exchange Regulation Act, 1973 - Sections 18(2) and 18(3); Prevention of Corruption Act; Terrorist and Disruptive Activities (Prevention) Act, 1987; Road

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

at Raja Sansi Airport at about 6 p.m. on 1.08.1997. He presented himself before the authorities under the Customs Act, 1962 (for short 'the Customs Act') for customs clearance. He was carrying a carton with him said to be … the court, for reasons to be recorded in the judgment, to impose a fine exceeding two lakh rupees.31. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove

Deepak Mahajan Vs. the Director of Enforcement and anr.

Court : Delhi

Subject : FERACriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Customs Act, 1962 - Sections 104(2); Foreign Exchange Regulation Act, 1973 - Sections 35(2); Constitution of India - Article 21

Reported in : 1991CriLJ1124

Section 135. Criminal - bail - Section 167 (2) of Criminal Procedure Code, 1973, Section 104 (2) of Customs Act, 1962, Section 35 (2) of Foreign Exchange Regulation Act, 1973 and Article 21 of Constitution of India - whether Magistrate before

In Re: Mohmed Akhtar Hussein

Court : Gujarat

Subject : Customs

Acts : Customs Act 1962 - Sections 35, 100, 101, 102, 104, 104(2), 108, 135, 137, 138, 139 and 140

Reported in : 1984(16)ELT190(Guj)

investigation - Section 35, 100, 101, 102, 104, 104 (2), 108, 135, 137, 138, 139 and 140 of Customs Act, 1962, Section 167,309 and 437 of Criminal Procedure Code, 1973, Gold Control Act and Arms Act - Whether Section 167

Ravindra Janardhan Nair Vs. State of Maharashtra

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 35(1), 108 and 135(1); Customs Tariff Act, 1975 ; Imports & Exports (Control) Act, 1947 - Sections 5

Reported in : 1991(52)ELT524(Bom)

whereunder the learned Additional Sessions Judge set aside the conviction of the Petitioner under Section 135(1)(b) of the Customs Act, 1962 as also the sentence passed thereunder. The learned Additional Sessions Judge, however, confirmed the conviction and sentence passed … In the result, the rule is made partly absolute. The conviction and sentence of the Petitioner under Section 35(1)(a) of the customs Act, 1962 is set aside. The conviction of the Petitioner under Section 5 of the

Chemitex, Goa and Another Vs. Union of India and Others

Court : Mumbai

Subject : Customs

Acts : Customs Act 1962 - Sections 105, 110, 110(2), 110(3), 124 and 129; Central Excise Rules, 1944 - Rule 156; Central Excise Act, 1944 - Sections 12, 18, 35 and 35B

Reported in : 1983(14)ELT2130(Bom)

In this petition under Article 226 of the Constitution, petitioners seek a declaration that Section 110(3) of the Customs Act, 1962 is unconstitutional, illegal, null and void, and by way of writs of certiorari and mandamus, or by writs … whether the Notification dated 4-5-1963 applying Section 129 of the Customs Act is valid on the context that Section 35 of the Central Excises and Salt Act, 1944 confers an unfettered right to appeal to a person aggrieved

A.S. Bava Vs. Collector of Customs and ors.

Court : Kerala

Subject : Customs

Acts : Central Excise Act, 1944 - Sections 12 and 35; Sea Customs Act, 1878 - Sections 189; Customs Act, 1962 - Sections 129

Reported in : AIR1966Ker195

of this letter, failing which the appeal wilt be rejected for non compliance of section 129 of the Customs Act 1962. Yours faithfully Sd/ (M. Ramchandran) Copy to Shri. T. V. Kalyanasundaram Aiyer Advocate, Cochin-2 (by R P A. … 16-7-1962 in O. P. No. 219 of 1964 and on 11-7-1962 in O. P. No. 228 of 1964).7. Section 35 of the Central Excises and Salt Act, which provides for appeals reads:'Appeals. (1) Any person deeming him self

Twenty First Century Printers Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1995)LC117Tri(Delhi)

impressions or copies per hour with DCP Platen under Clauses (d) and (m) of Section 111 of the Customs Act, 1962, imposing a fine in lieu of confiscation of Rs. 60,00,000/- and determination the classification of the machine under … Bombay upholding confiscation of Web-fed High Speed Letter and Off-Set Rotary Printing Machine having out-put of more than 35,000 composite impressions or copies per hour with DCP Platen under Clauses (d) and (m) of Section 111 of

Leaap Forwarders (P) Ltd. Vs. Commissioner of Central Excise and Custo ...

Court : Andhra Pradesh

Subject : Customs

Acts : Customs House Agents Licensing Regulations, 1984; Customs Act, 1962 - Sections 2(9), 35, 45, 50, 146 and 51; Constitution of India - Articles 19(1) and 226; Customs House Agents Licensing Rules, 1984 - Rule 10(2); Trade and Merchandise Marks Act, 1958; Imports and Exports (Control) Act, 1947; Foreign Exchange Regulations Act, 1973; Indian Explosives Act, 1884; Arms Act, 1959; Opium Act, 1878; Drugs and Cosmetics Act, 1940; Destructive Insects and Pests Act, 1914; Dangerous Drugs Act, 1930

Reported in : 2001(3)ALD216; 2001(3)ALT131; 2001(135)ELT58(AP)

the Commissioner without any authority or power and is liable to be set aside; the provisions of the Customs Act, 1962 (the Act, for brevity) do not lay down the stipulations or conditions on either the means of transport … 30 (Cal), with which we are in respectful agreement. Paragraphs 34 and 35 of the said judgment read: '34. .......... The clearing agent is not … the Commissioner is not disclosed, it is issued in the purported exercise of power conferred upon him under Section 45 of the Act and if that is so, Section 45 of the Act does not permit him

Singapore Airlines Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129DD; Finance Act, 1979 - Sections 35(2), 35A(1) and 38(3); Finance Act, 1997 - Sections 38; Foreign Travel Tax Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)

Revenue, hereinafter referred to as the 'reversionary authority', in petitioner's revision petition filed under Section 129-DD of the Customs Act, 1962, is under challenge in this writ petition. By the impugned order, the reversionary authority has declined to interfere … 1979. No passenger is permitted to board a ship or aircraft unless he has paid the FTT. Under Section 35(2) of the Act certain agencies including such carriers , as may be notified by the Central Government, are

Delta Impex Vs. Commissioner of Customs

Court : Delhi

Subject : Limitation

Acts : Customs Act, 1962 - Sections 14 and 128; Limitation Act, 1963 - Sections 4 to 24 and 29(2); Central Excise Act - Sections 35 and 35(1); Payment of Gratuity Act, 1972 - Sections 7(7); Motor Vehicles Act, 1939 - Sections 58(2) and 58(3); Sales Tax Act; Uttar Pradesh Sales Tax Act, 1948 - Sections 10, 10(3)B and 68; Uttar Pradesh Sales Tax Rules, 1948; Code of Civil Procedure (CPC) , 1908 - Order 21; Code of Criminal Procedure (CrPC) - Sections 195

Reported in : 110(2004)DLT209; 2004(73)DRJ417; 2004(93)ECC322; 2004(173)ELT449(Del)

raised by the learned counsel for the appellant is as under:'Whether the provision of Section 128 of the Customs Act, 1962 completely bars the Commissioner ( Appeals) from condoning the delay beyond a period of 30 days even in … v. Commissioner ( Appeals) Central Excise Allahabad, reported in : 2002(146)ELT273(All) . The learned Single Judge observed that Section 35 of the Central Excise Act, no doubt, lays down a period of 60 days to prefer an appeal