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Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...
Supreme Court of India
Apr-11-2008
Customs
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)
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 … 3(2) states that the sovereignty of India extends and has always extended to the territorial waters of India. Section 4 makes the position clear further as to the use of its territorial waters by foreign ships, i.e., all
Tag this Judgment! AI Brief & AskChander Parkash Tyagi Vs. Department of Customs (Preventive), Central ...
Delhi
Apr-03-1984
Customs
Customs Act, 1962 - Sections 4, 4(1), 135, 137 and 160
1984(17)ELT240(Del)
could, if at all, be deemed to have been appointed as Collector of Customs under sub-section (1) of Section 4 of the Customs Act, 1962 in pursuance of notification No. 37-Cus. dated 1-2-1963 as amended by notification No. … sanction for prosecution. Prosecutions in all these cases were for offences, inter alia, under Section 135 of the Customs Act, 1962 and in terms of Section 137 thereof no court shall take cognisance of the said offences without a
Tag this Judgment! AI Brief & AskPremabhai Chhibabhai Tangal Vs. Union of India
Mumbai
Jun-17-1987
Customs
Customs Act, 1962 - Sections 14(1), 111 and 112; Central Excise Act, 1944 - Sections 4
1994(70)ELT515(Bom)
asked to explain as to why penal action be not taken against him under Section 112 of the Customs Act, 1962 (hereinafter referred to as 'the Act') and the goods be not confiscated under Section 111 of the Act. … hand were 'related persons' within the meaning of the definition of that term contained in sub-section (c) of sub-section (4) of Section 4 of the amended Central Excises and Salt Act, 1944, and the assessable value of the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Bijan Halder and anr. Vs. State of West Bengal and ors.
Kolkata
May-14-1993
Criminal
Customs Act, 1962 - Sections 100, 101, 104, 104(1), 104(2), 104(3), 105, 106, 106A, 107, 108, 108(4), 110, 132, 133, 134, 135, 135(1), 135(2), 137, 137(1) and 138; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 57, 132, 162, 167, 167(1), 167(2), 167(3), 167(5), 172, 173, 190(1), 197, 197(2), 197(3), 244, 244(1), 245(3), 254(3), 309, 309(2), 436, 437, 437(1), 437(2), 437(3), 437(4), 437(5), 437(6), 437(7) and 439; ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act, 1988 - Section 244(3); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 167 and 344; ;Foreign Exchange Regulation Act, 1973 - Section 35; ;Central Excise Act, 1944; ;Railway Property (Unlawful Possession) Act, 1966 - Section 8(1) and 8(2); ;Evidence Act - Section 25; ;Indian Penal C
1993CriLJ3082
petitioners, who were earlier arrested on the 15th September, 1988 by customs officials under Section 104 of the Customs Act, 1962, were produced before the learned Sub-Divisional Judicial Magistrate, Ranaghat, Nadia and they were remanded to jail custody after … person to give evidence and produce document in any inquiry in connection With the smuggling Of any goods. Sub-section (4) of Section 108 provides that every such inquiry shall be deemed to be a judicial proceeding within the
Tag this Judgment! AI Brief & AskCommissioner of Customs Vs. Sri Vikram JaIn S/O Sri Bheemraj Jain, Pro ...
Karnataka
Sep-30-2009
Customs
Customs Act, 1962 - Sections 4, 7, 12, 28, 28(1), 28AB, 32, 33, 34, 45(2), 54(1), 77, 108, 109, 111, 112, 113, 118, 122A(1), 123, 124 and 125; Sea Customs Act; Sea Customs (Amendment) Act, 1955; Customs Tariff Act, 1975; Import Trade Control Order, 1955
2009(170)LC236(Karnataka); 2009(244)ELT504(Kar)
hands of the importer.12. The levy of, and exemption from customs duties is traceable to chapter V of Customs Act, 1962 Section 12 of the Customs Act provides for levy of Customs duty at such rates as may be specified … the Commissioner of Customs, CR Building, Queen's Road, Bangalore which is in consonance with the notifications issued under Section 4 of the Customs Act which has been succinctly examined and explained by the adjudicating authority at paragraph 236
Tag this Judgment! AI Brief & AskBarium Chemicals Ltd. Vs. Union of IndiA.
Mumbai
Sep-25-1992
Customs
Customs Act, 1962 - Sections 15, 15(1), 25, 25(1), 46 and 159; Central Excise Act, 1944 - Sections 4; Customs Tariff Act, 1975
1993(63)ELT209(Bom)
- promissory estoppel - Section 15, 15 (1), 25, 25 (1) , 46, and 159 Customs Act, of 1962, Section 4 of Central Excise Act, 1944 and Custom Tariff Act, 1975 - petitioner prayed for certain reliefs - Government … to the Petition), issued in exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962, the Central Government, on being satisfied that it was necessary in the public interest so to do, exempted
Tag this Judgment! AI Brief & AskThe Commissioner of Customs (Preventive) Vs. Noble Asset Co. Ltd. and ...
Mumbai
Aug-04-2008
Customs
Customs Act, 1962 - Sections 2(27), 2(28), 2(34), 4, 4(1), 5, 6, 7(6), 7(9), 21, 28, 28(1), 28(2), 45, 108, 110, 122 and 124; Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 5; U.P. Sales Tax Act; Constitution (Fortieth Amendment) Act, 1976; State Reorgainsation Act, 1956 - Sections 8(1); Bombay Reorganisation Act, 1960 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 2; Constitution of India - Articles 1, 1(2), 1(3) and 297
2008(5)BomCR25; 2008(131)ECC102; 2008(157)LC102(Bombay); 2008(230)ELT22(Bom)
in the EEZ.10. To answer the issue we may firstly refer to some of the provisions of the Customs Act, 1962. Section 2(27) defines 'India' to include the territorial waters of India.Section 2(28) defines 'Indian customs waters' to mean the … means the officer of customs who is assigned those functions by the Board or the Commissioner of Customs. Section 4 sets out Classes of Officers of customs. Section 4 reads as under:ointment of officers of customs.-- (1) The
Tag this Judgment! AI Brief & AskCollector of Customs, Bombay Vs. M/S. Bharat Heavy Electricals Ltd., N ...
Supreme Court of India
Aug-25-1992
Customs
Customs Tariff Act, 1975; Customs Act, 1962 - Sections 25; Finance Act, 1980 - Sections 4
AIR1992SC1908; 1992(61)ELT332(SC); JT1992(5)SC138; 1992(2)SCALE242; 1993Supp(1)SCC489; [1992]Supp1SCR16
powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), read with Sub-section (4) of Section 4 of the Finance Act, 1980 (13 of 1980) and in supersession of the Notification of … or assembly of that article: In exercise of the powers conferred by Sub-section (1) Section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Department of
Tag this Judgment! AI Brief & AskThe Collector of Customs Vs. Mehta Paint Works and anr.
Chennai
Mar-25-1976
Customs
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
AIR1977Mad61; (1977)1MLJ15
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 … which would enable 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
Tag this Judgment! AI Brief & AskPaper Products Limited Vs. Union of India
Mumbai
Dec-06-1977
Customs
Customs Act, 1962 - Sections 25, 27, 27(1), 27(4) and 131; Constitution of India - Articles 32 and 226
1981(8)ELT538(Bom)
filing applications. It appears that some of the applications which were in time under section 27 of the Customs Act, 1962 were granted and 50% of duty was refunded. It is also the case of the petitioners that in … upon the importation of Vegetable Perchment paper and Glassine paper. All paper is liable to duty under item 44 of the First Schedule to Indian Tariff Act, 1934. The Government has the power under section 25 to
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