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Jul 24 2001

Air India Limited, Mumbai Vs. K.S. Bhat

Court : Mumbai

Decided on : Jul-24-2001

Subject : Service

Acts : Air India Service Regulations - Regulations 42 and 44; Customs Act, 1962 - Sections 108 and 129E; Industrial Disputes Act, 1947 - Sections 33(2)

Reported in : [2001(91)FLR650]; 2002(2)MhLj264

an application made by the respondent for a waiver of pre-deposit in terms of Section 129E of the Customs Act, 1962. Under Section 129E a person desirous of appealing against the decision, inter alia, of the adjudicating authority to … cause as to why the punishment of dismissal from service should not be imposed upon him under Regulation 44(ii) of the Air India Service Regulations. The action proposed was founded upon the order of adjudication passed by

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Sep 09 1975

The Trustees of the Port of Madras Vs. Aminchand Pyarelal and ors.

Court : Supreme Court of India

Decided on : Sep-09-1975

Subject : Customs

Acts : Indian Contract Act - Sections 151, 152 and 161

Reported in : AIR1975SC1935; (1976)3SCC167; [1976]1SCR721

the 3rd respondent passed an Order on November 12, 1963, confiscating the goods under Section 111(a) of the Customs Act, 1962. The 1st respondent preferred an appeal against that Order to the Central Board of Excise and Customs New … Sections 43 and 43-A also confer on the Board power similar to that conferred by Section 42. By Section 44 every scale and every statement of conditions framed by the Board under Sections 42, 43 and 43-A shall

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Jul 17 1986

Shaw Wallace and Co. Ltd. Vs. Assistant Collector of Customs and Other ...

Court : Mumbai

Decided on : Jul-17-1986

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 30(1), 31, 32, 34, 42, 44, 45, 45(2), 116, 124 and 152; Companies Act, 1956; Carriage of Goods by Sea Act - Sections 6; Major Port Trust Act, 1963; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : 1987(3)BomCR151; 1986(10)ECC191; 1988(18)LC384(Bombay); 1986(25)ELT948(Bom)

Officers in respect of performance of the duties under the provisions of the Customs Act.Chapter VI of the Customs Act, 1962 deals with provisions relating to conveyances carrying imported goods and Section 29 prescribes that the person-in-charge of a … Act, 1872, omitting the words 'in the absence of any special contract' in Section 152 of the Act. Section 44 of the Act requires the Board to provide accommodation for Customs Officers in respect of performance of the

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Nov 02 1998

Shree Tirumala Udyog Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on : Nov-02-1998

Subject : Land Acquisition

Reported in : (1998)LC169Tri(Chennai)

in terms of Notification 203/92 and duty demanded was therefore in terms of proviso to Section 28(i) of Customs Act, 1962 in respect of importations which had already been made.2. The learned lower authority in the impugned order demanded … him. On going by the actual imports made, on a query from the bench, he clarified that about 44.99 MT of the acrylic scrap had been imported prior to 16-5-1994, the date on which the last consignment,

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Aug 02 2007

Commissioner of Customs Vs. I2 Technologies Software Pvt. Ltd.

Court : Karnataka

Decided on : Aug-02-2007

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(44), 15, 15(1), 23, 23(2), 46, 47, 59, 60, 61, 61(1), 61(2), 62, 64, 68, 71, 72, 72(1), 72(2), 111, 112, 114, 117 and 130(1); Customs Rules; Customs Regulations; Central Excises Act, 1944 - Sections 3(1)

Reported in : 2008(128)ECC245; 2008(154)LC245(Karnataka); 2007(217)ELT176(Kar); 2008(3)AIRKarR166(DB)

Arali Nagaraj, J.1. This appeal is filed by the Commissioner of Customs, Bangalore, under Section 130(1) of the Customs Act, 1962 (hereinafter referred to as 'the Act') questioning the correctness of the order dated 23.8.2005 passed by the Customs,

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Dec 16 1981

Air India Corporation Vs. Richard Rashid Khan

Court : Mumbai

Decided on : Dec-16-1981

Subject : Labour and Industrial

Acts : Customs Act, 1962 - Sections 112, 119 and 135(1); Foreign Exchange Regulation Act, 1947 - Sections 8(1) and 23(IA); Import and Export (Control) Act, 1947 - Sections 5; Air-India Employees' Service Regulations - 42, 43 and 44; Constitution of India - Articles 14, 16, 19(1) 31, 311 and 226; Air Corporations Act, 1953 - Sections 8(2), 20(1) and 45; Railway Servants (Discipline and Appeal) Rules, 1968 - Rules 9 to 13 and 14; Government of India Act, 1935 - Sections 240; Industrial Employment Standing Orders Act, 1946; Indian Penal Code (IPC) - Sections 34, 420, 468 and 511; Probation of Offenders Act, 1958 - Sections 4 and 12; Probation of Offenders Act, 1958 - Article 311(2); Central Civil Service (Classification, Control and Appeal) Rules - 11 and 19

Reported in : (1983)ILLJ125Bom

seized from the respondent's residence along with the coat should be confiscation absolutely u/Ss. 111(d) and 119 of Customs Act, 1962. In addition to this order of confiscation, the Additional Collector also imposed a personal penalty of Rs. 20,000 … any present right to withdrawn any amount. Customs - reinstatement - Article 226 of Constitution of India and Sections 112, 119 and 135 of Customs Act, 1962 - respondent was deputy director in Air-India - criminal case … by the Customs Authorities and in terms of sub-regulations (ii) of Regulation 44 of Air-India Employees' Service Regulations, I hereby order that Capt. R. Khan

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May 02 1986

Assistant Collector of Customs for Exports, Calcutta and ors. Vs. Hoar ...

Court : Kolkata

Decided on : May-02-1986

Subject : Constitution

Acts : Authentication (Orders and other Instruments) Rules, 1958 - Rule 2; ;Authentication (Orders and other Instruments) (Amendment) Rules, 1965; ;Constitution of India - Article 77; ;General Clauses Act, 1897 - Section 3(8); ;Imports and Exports (Control) Act, 1947 - Section 3

Reported in : AIR1987Cal181,1986(10)ECC220,1987(11)LC193(Calcutta),1986(25)ELT516(Cal)

why the goods covered by the said shipping bills should not be confiscated under Section 113(d) of the Customs Act, 1962 and why penal action should not be taken against the respondent under Section 114 of the said Act.4. … to this appeal are, inter alia, as follows :2. At the material time, a Notification No. IPC (Genl. 44)/65 issued by the Ministry of Commerce was in force. The said Notification read as follows ; --'S. O.

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Jul 25 2006

Tisco Vs. Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-25-2006

Subject : Land Acquisition

Reported in : (2006)(112)ECC15

stated in the said Adjudication Order, they were liable to confiscation under Section 111(m) and (d) of the Customs Act, 1962(at page 601 of Appellant's Paper Book-Volume II). The Commissioner further held that, however, since the goods were not … procured and available against total requirement for the SN Project was of the ratio of approximately 56% to 44%; 56% being available from SN and 44% being the quantity which the appellant had to procure from elsewhere

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Nov 22 2004

Smt. Mona Rai Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-22-2004

Subject : Direct Taxation

Reported in : (2005)93ITD30(Delhi)

to Amsterdam." 3. Coming to the legal; position the AO referred to the provisions of Section 50 of Customs Act, 1962 according to which it is mandatory upon any exporter of any goods to make entry thereof by presenting … and the same cannot be applied where goods are carried as part of the baggage in view of Section 44 which in clear terms provides that provisions of Chapter VII would not apply to baggage. At this stage,

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Oct 04 1994

TIn Manufacturing Co. of India Vs. Central Warehousing Corpn.

Court : Allahabad

Decided on : Oct-04-1994

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(43), 2(44), 15, 17, 49, 57, 58, 59, 59A, 60, 63, 69, 72(2), 111, 111(1), 112, 125 and 129A(1); Constitution of India - Article 226 - Sections 219; Import Control Regulations

Reported in : 1995(78)ELT129(All)

in view of the pendency of the dispute and bonding to be taken under Section 49 of the Customs Act, 1962 (Annexure 6 to the petition). But the Collector Customs ordered on 29-12-1987 that the goods be confiscated under

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