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Jul 09 2008

Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Decided on : Jul-09-2008

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 … and forwarded to the officer in charge of the nearest police station or to the officer empowered under Section 53, the officer referred to in Sub-section (1) shall prepare an inventory of such narcotic drugs or, psychotropic substances

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May 20 1999

Parekh Marine Agencies Pvt. Ltd. and ors. Vs. the Board of Trustees fo ...

Court : Kolkata

Decided on : May-20-1999

Subject : Commercial

Acts : Constitution of India - Articles 14, 21 and 226;; Major Port Trust Act, 1963 - Sections 60, 61, 62 and 111;; Customs Act, 1962 - Sections 48, 49, 53, 54 and 56;; International Airports Authority Act, 1971 - Section 35

Reported in : (1999)3CALLT401(HC),2001(73)ECC464

be a permission from the Customs Authorities for sale of such goods. Sections 48 and 49 of the Customs Act. 1962 provides that if any goodsbrought into India from a place outside India are not cleared for home consumption … clearance of imported goods and export goods but regarding the goods in transit the relevant chapter is VIII. Section 53 of Act 1962 provides that any goods imported in a vessel or aircraft and mentioned in the import

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Nov 04 2009

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Decided on : Nov-04-2009

Subject : Customs

Acts : Finance Act, 2007 - Sections 99 and 114; Customs Act, 1962 - Sections 7, 12, 22, 25, 28(1), 30 and 76A to 76N; Sea Customs Act; Special Economic Zones Act, 2005 - Sections 1, 2, 2(1), 3, 3(1), 4, 4(1), 4(2), 4(4), 5, 7, 12, 15(9), 26, 26(1), 26(2), 30, 51, 53, 53(1), 53(2) and 55; Motor Vehicles Act - Sections 38 and 38(1); Taxation Act - Sections 3, 3(1) and 4A; Trade Marks Act - Sections 28; Uttar Pradesh Trade Tax Act, 1948 - Sections 3; Central Excise Act, 1944 - Sections 4 and 4(1); Factories Act, 1948; Sea Customs (Amendment) Act, 1955; Land Customs Act; Indian Aircrafts Act, 1911; Customs Tariff Act, 1975 - Sections 2, 2(15), 2(18), 2(19), 2(20), 2(22), 2(23), 2(25), 2(26), 2(27), 12, 14, 14(1), 17, 18, 46 and 50; Industries (Development and Regulation) Act, 1951; Income

Reported in : [2010]24STT121

21 of the SEZ Rules, 2006, it was also clarified that the provisions of Section 12 of the Customs Act, 1962 were inapplicable for the purpose of levying export duty for the aforesaid movement of goods, as such movement … the Act must take their colour from the context in which they are so used.15. The provisions of Section 53 of the SEZ Act, 2005 do not provide that the SEZ is located outside 'India'. The said provision

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Feb 10 1983

Birendra Bahadur Pandey Vs. Gramophone Co. of India Ltd. and ors. Overruled

Court : Kolkata

Decided on : Feb-10-1983

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 51 and 53; ;Customs Act, 1962 - Sections 2(23), 11, 11(O), 25 and 53; ;Import and Export Control Order, 1955 - Section 11; ;Constitution of India - Article 226

Reported in : AIR1984Cal69

the nature of mandamus commanding and directing respondents 1 and 2 to forthwith take appropriate steps under the Customs Act 1962 to inter alia confiscate the said cassettes and deliver the same to your petitioner. (c) A writ of … the Registrar of Copyright. New Delhi, respondent 6, according to the petitioner, in accordance with the provisions of Section 53, Copyright Act, 1957. The petitioner thereafter filed an application under Article 226 of the Constitution in which the

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Apr 24 2001

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

Court : Mumbai

Decided on : Apr-24-2001

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 … get benefit of Section 86(2) of the Customs Act.13. The learned counsel for the petitioner further contends that Section 53 of the Customs Act inter alia provides that any goods imported in a conveyance and mentioned in the

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Dec 16 1985

Kwality Dyes and Chemicals Vs. Collector of Central Excise and Customs ...

Court : Chennai

Decided on : Dec-16-1985

Subject : Customs

Acts : Central Excises Act, 1944; ;Customs Act, 1962 - Sections 105, 110, 118, 119, 120, 121, 124, 129 and 142(2); Central Excise Rules, 1944 - Rules 2, 37, 49, 52, 53, 173G, 173Q, 200, 201 and 226

Reported in : 1986(24)ELT238(Mad)

118, Sections 119, 120, 121, 124, 129 and clause (b) of Sub-section (1) of Section 142 of the Customs Act, 1962 (52 of 1962) relating to matters specified therein, shall be applicable in regard to like matters in respect … the combined effect of all the rules, viz., 173(g), 226, 202, 118(a), 197, 173(a), 37(4), 49, 52 and 53. In particular, emphasis is made on the combined effect of rules 173Q and 37(4) of the Excise Act.

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Apr 11 2008

Aban Loyd Chiles Offshore Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Decided on : Apr-11-2008

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 … 2(21) of the Customs Act. If that is so, the petitioner is not entitled to the benefit of Section 53 read with 54 and/or of Section 86 r/w 87 of the Customs Act. In view of our view

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Oct 17 1985

Apar Private Ltd. and Others Vs. Union of India and Others Overruled

Court : Mumbai

Decided on : Oct-17-1985

Subject : Customs

Acts : Customs Act, 1962 - Sections 2, 2(23), 2(25), 2(27), 2(28), 5, 11, 12, 12(1), 13, 14, 14(1), 14(2), 15, 15(1), 17, 20, 21, 22, 23, 25, 25(1), 25(2), 29, 30, 31, 32, 33, 34, 37, 38, 42, 45, 46, 46(1), 48, 49, 52, 53, 54, 55, 56, 66(1), 68, 69, 77, 79, 80, 110(1), 111 and 150; Central Excise Rules, 1944 - Rule 10; Customs Tariff Act, 1975

Reported in : 1986(1)BomCR196; (1986)88BOMLR355; 1985(6)ECC241; 1988(19)LC514(Bombay); 1985(22)ELT644(Bom)

Madhava Reddy, C.J.1. Four questions arising under the Customs Act, 1962 (52 of 1962) are referred to the Full Bench and they are :-1. Under the Customs Act, 1962, … goods when they enter the territorial waters of India and exempts the same from complying with certain provisions. Section 53 makes provision for transit of goods in the same vessel or aircraft in the following terms :'53. Transit

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Feb 21 1984

Gramophone Company of India Ltd. Vs. Birendra Bahadur Pandey and ors.

Court : Supreme Court of India

Decided on : Feb-21-1984

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act - Sections 2, 13(1), 14, 17 to 21, 22 to 29, 30 to 32, 33 to 36, 37 to 39, 40 to 43, 44 to 50 and 51 to 53; Customs Act, 1962 - Sections 2, 2(23) and 11; Code of Civil Procedure (CPC) , 1908; Constitution of India - Articles 1, 2, 3, 4 to 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 136;

Reported in : AIR1984SC667; 1985(1)ARBLR361(SC); (1984)1CompLJ362(SC); 1984(2)ECC142; 1984(1)SCALE338; (1984)2SCC534; [1984]2SCR664; 1984(16)LC475(SC); MANU/SC/0187/1984

are deemed to be goods the import of which is prohibited or restricted under Section 11 of the Customs Act, 1962. The provisions of the Custom Act, are to have effect in respect of these copies. All copies confiscated … into India be taken across Indian territory? What does 'import' mean, more particularly what does 'import' mean in Section 53 of the Copyright Act? Can an unauthorised reproduction of a literary, dramatic, musical or artistic work or a

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May 25 2004

Shanthi Alloys Pvt. Ltd., Rep. by Its Authorized Signatory, Mr. P. Rav ...

Court : Chennai

Decided on : May-25-2004

Subject : Customs

Acts : Customs Act, 1962 - Sections 17, 24, 53, 54, 54(1), 54(2), 54(3), 55, 110, 110(2), and 111; ;Indian Ports Act, 1908; Import Manifest (Vessels) Regulations, 1971; Goods Imported (Conditions of Transhipment) Regulations, 1995 - Regulations 3 to 6

Reported in : 2004(176)ELT87(Mad); (2004)4MLJ46

This writ appeal is directed against the order of the learned single Judge in a matter arising under Customs Act, 1962. The appellant, which is a Private Limited Company registered under the Companies Act, 1956 having its factory in … is further strengthened by Section 55 of the Act, which reads,'55. Liability of duty on goods transited under section 53 or transhipped under section 54.- Where any goods are allowed to be transited under section 53 or transhipped

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