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Ram Niwas Chaudhary Vs. Metal Scrap Trade Corporation Ltd., and ors.

Court : Kolkata

Subject : Customs

Acts : Merchant Shipping Act, 1958 - Section 42(1); ;Customs Act, 1962 - Section 2, 2(23) and 2(27); ;Constitution of India - Articles 12, 226 and 286(1)

Reported in : 1985(6)ECC165,1986(6)LC138(Calcutta),1986(23)ELT321(Cal)

face of the definition of the word 'import' as given in cl. (23) of Section 2 of the Customs Act, 1962. Under Cl. (23) 'import' with its grammatical variations and cognate expressions means bringing into India from a place … Shipping for the sale of the said two vessels for the purpose of scrapping as required under Section 42(1) of the Merchant Shipping Act, 1958, as both the vessels had lost their sea-worthiness. The Assistant Director-General of

The Collector of Customs Vs. Mehta Paint Works and anr.

Court : Chennai

Subject : Customs

Acts : 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

Reported in : 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 … question that arises is whether demurrage charges are leviable under such circumstances and if so, at what rate.5. Section 42 of the Madras Port Trust Act, 1905, enables the Board of the Madras Port Trust to frame a

Savitru and Company Vs. Government of India and ors.

Court : Andhra Pradesh

Subject : Customs

Acts : Customs Act, 1962 - Sections 30, 40, 41, 42, 116, 128, 128(1), 128(2) and 131

Reported in : 1984(3)ECC367; 1983(13)ELT900(AP)

and Company on the basis of the undertakings they had executed under Sections 41 and 42 of the Customs Act, 1962. Under Section 42, a person-in-charge of a conveyance which has brought any imported goods shall not cause or

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 … subject, of course, to the restrictions for grant of bail as contained in Section 37 of the Act.36. Section 42 provides for power of entry, search, seizure and arrest without any warrant or authorization by an officer who

Shahid Khan Vs. Director of Revenue Intelligence

Court : Andhra Pradesh

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 22, 23, 25, 27A, 28, 29, 42, 42(1), 42(2) and 67; Customs Act, 1962 - Sections 108; Code of Civil Procedure (CPC) , 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 139 and 228

Reported in : 2001(1)ALD(Cri)781; 2001CriLJ3183

tried to draw the distinction between section 67 of NDPS Act with reference to Section 108 of the Customs Act, 1962. Section 108 of the Customs Act reads as under:108. POWER TO SUMMON PERSONS TO GIVE EVIDENCE AND PRODUCE DOCUMENTS: … in the Schedule;' 31. The second attack was on the procedure adopted for non-compliance of mandatory provisions of section 42(2) of NDPS Act. It was submitted by the defence counsel that the provisions contained in Section 42(2) of

Chandru Kunthur Raghuvegowda Vs. State By Inspector of Customs CIU, Be ...

Court : Karnataka

Subject : Land Acquisition

of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) read with Sections 135, 104 of Customs Act, 1962. 2. Heard Shri Hashmath Pasha, learned Counsel for the petitioner and Smt M.C.Nagashree, learned Special Counsel for the … and the same is registered as Spl.C.C.No.51/2017; (d) that the prosecution has not complied with the provisions of Section 42 of the NDPS Act by recording the information in writing. It is stated in paragraph No.3 of the

Manoj Rajani Vs. Superintending Engineer, M.P.E.B. and anr.

Court : Madhya Pradesh

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12 to 18, 20, 26, 26(6), 53 and 67 to 69; Electricity Act, 2003 - Sections 42(5), 42(6), 42(7), 42(8), 185, 185(2) and 185(5); General Clauses Act, 1897 - Sections 6 and 6(2); Electricity (Supply) Act, 1948 - Sections 69(1); Electricity Regulatory Commissions Act, 1998; Customs Act, 1962 - Sections 123; Evidence Act, 1872 - Sections 113A; Indian Electricity Rules, 1956; Constitution of India - Articles 14, 20 and 226

Reported in : AIR2006MP100

Batra v. State of Maharashtra : 1975CriLJ1862 . (An enactment relating to burden of proof like Section 123, Customs Act, 1962, would be a. matter of procedure); Rai Bahadur Seth Sriram Durgaprasad v. Director of Enforcement : 1987CriLJ1123 . … matter should be referred to the Forum for Redressal of Grievance of the Consumers as per provision Under Section 42(5) of the New Act. On the other hand, the learned Counsel for petitioner Shri Saraf has submitted that

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ... Overruled

Court : Chennai

Subject : Customs

Acts : Merchant Shipping Act, 1958 - Sections 2(42), 3(42), 31, 86 to 117, 115, 125, 146 and 178 to 193; Original side Rules (Madras High Court) - Order 4, Rule 1 - Order 14, Rule 8 - Order 42, Rule 2; Customs Act, 1962 - Sections 129(A)(1), 111, 124, 126, 152, 182 and 184; Sea Customs Act, 1898 - Sections 8(3) and 184; Administration of Justice Act, 1956; Supreme Court Act, 1981 - Sections 21(3); Foreign Exchange Act, 1973 - Sections 23

Reported in : (2001)1MLJ420

known to him that as against the said order, an appeal would lie under Section 129(A)(1) of the Customs Act 1962 to the Special Branch of Customs Excise and Gold Control Appellate Tribunal, New Delhi or southern regional bench … consisting of 49,450 Metric Tons was consigned to the Order of Global Marketing Services Inc. having office at 420, Lexhind Avenue Site 607, New Your, New York with the notifying party as TW Metals Limited, Kingston, Jamaica.

Oswal Spinning and Weaving Mills Ltd. Vs. Collector of Customs and anr ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 45, 111, 125(1), 126, 130E and 141; Major Port Trusts Act, 1963 - Sections 42 and 43

Reported in : 1988(17)ECC74; 1988(35)ELT244(SC); JT1988(2)SC135; 1988(1)SCALE762; (1988)3SCC310; [1988]3SCR601; 1988(2)LC98(SC)

Costs to be in the discretion of the Tribunal.B.C. Ray, J.1. This appeal under Section 130-E of the Customs Act, 1962 is against the judgment and order No.434/84-D dated 31 st July, 1984 of the Customs Excise and Gold … February, 1975 issued by the Government of India, Ministry of Shipping and Transport under Section 126 read with Section 42 and 43 of the Major Port Trusts Act, 1963, no responsibility shall attach to the Board after expiry

JaIn Shudh Vanaspati Limited Vs. S.R. Patankar, Asstt. Collector of Cu ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(18), 2(19), 2(25), 2(33), 2(39), 8, 12, 33, 41, 42, 50, 51, 111 and 113; Customs Act, 1962 - Sections 2(18) and 12

Reported in : 1988(15)ECC180

exhaustively considered the question as to when can the event of importation occurs under the provisions of the Customs Act, 1962. The decision is reported in : 1985(22)ELT644(Bom) Apar Private Ltd. and Others v. Union of India and Others. … person delivering the export manifest is required to subscribe to a declaration to the truth of its contents. Section 42 demands that the person incharge of a conveyance, on which export goods are loaded at a Customs station,