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Nov 26 1987

S. Nagarajan Vs. Vasantha Kumar and anr.

Court : Kerala

Decided on : Nov-26-1987

Subject : CriminalCustoms

Acts : Evidence Act, 1872 - Sections 57, 57(1) and 78; Customs Act, 1962 - Sections 11B, 105, 106A, 108, 123, 123(2), 135 and 135(1); Kerala Forests Act, 1962 - Sections 19; Forests Act - Sections 27; Village Panchayats Act - Sections 82 and 134; Kerala Buildings (Lease and Rent Control) Act - Sections 25(1); Uttar Pradesh Sales Tax Act - Sections 4; West Bengal Estates Acquisition Act - Sections 2 and 4; Bombay Prohibition Act, 1949 - Sections 139; Telegraph Wires (Unlawful Possession) Act - Sections 7(1); Prevention of Food Adultration Act; Sugar Control Order 1966; Code of Criminal Procedure (CrPC) - Sections 103, 165 and 165(1)

Reported in : 1988(15)ECC146; 1988(15)LC9(Kerala); 1988(34)ELT571(Ker)

Collector of Central Excise, Trivandrum, alleging that both the respondents committed offences punishable under Section 135(1) of the Customs Act, 1962. In acquitting the respondents the learned Magistrate based his decision mainly on the non-production of the notifications or … notice of by the court, since the said notifications are not laws in force within the meaning of Section 57(1) of the Evidence Act. It is not disputed that the said notifications do not come under any other

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Mar 08 1994

Shree Pipes Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Mar-08-1994

Subject : CustomsCivil

Acts : Customs Act, 1962 - Sections 57, 65, 124 and 128; Constitution of India - Article 14; Customs (Fees for Rendering Services by Customs Officers) Regulations, 1968 - Regulations 2 and 3

Reported in : 1994(46)ECC304; 1995(79)ELT405(Raj); 1994(3)WLC36; 1994(2)WLN553

13th July, 1992/7th October, 1992 passed by the Assistant Collector, Customs is appealable under Section 128 of the Customs Act, 1962 (for brevity 'the Act') and although he started with the argument with reference to Section 128 of the … is covered under Section 65 of the Act, as the licence for the warehouse has been granted under Section 57 of the Act.I have gone through the provisions contained in Sections 57,65,124 and 128 of the Act. No

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Sep 09 2005

Natwar Transport Company Private Limited Vs. State Transport Appellate ...

Court : Mumbai

Decided on : Sep-09-2005

Subject : Motor Vehicles

Acts : Road Transport Corporation Act - Sections 20, 20(1), 20(2), 20(3); Motor Vehicle Act, 1939 - Sections 57, 57(3) and 57(4); Customs Act, 1962 - Sections 25, 25(1) and 159; Constitution of India - Article 226

Reported in : 2006(3)ALLMR97; 2006(3)BomCR371

(supra), this Court considered similar contention with regard to the Exemption Notification issued under Section 25 of the Customs Act, 1962 and held that there was no substance in the contention that notwithstanding the publication of the notification in … is compliance with provisions of Section 20 of RTC Act and to consider objection raised by petitioner under Section 57 of Motor Vehicle Act, 1939. He invites attention to Writ Petition 1673 of 1991 filed by petitioner earlier

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Sep 10 2004

Flemingo (Dfs) Private Ltd. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Sep-10-2004

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 10; Constitution of India - Articles 14, 19(1), 226, 286 and 286(1); Central Sales Tax Act, 1956 - Sections 2, 5(1), 5(2), 10, 10(1) and 10(2); Companies Act, 1956; Customs Act, 1962 - Sections 57, 58 and 59(2); Customs Tariff Act

Reported in : [2005]142STC435(Ker)

customs authorities will show that these arguments are sustainable in law. Sections 57 and 58 of the Customs Act, 1962 also permit the goods to … Act. As per the explanation, customs station and customs authorities are given the same meaning as in the Customs Act, 1962 (52 of 1962). However, the main part of the definition restricts to the area of customs station in … (for short, 'the Act') by virtue of Article 286(1)(b) of the Constitution of India and the provisions of Sections 2(ab) and 5 (1) and (2) of the Central Sales Tax Act, 1956 (for short, 'the CST Act')

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Aug 23 2016

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

Decided on : Aug-23-2016

Subject : Land Acquisition

or any other law for the time being, has to be examined with the other provisions in the Customs Act, 1962. Section 2(39) of the Act, defines Smuggling in relation to any goods, which means, any act or omission which … that the goods, clandestinely imported into the country, for evading the assessment of duty, are liable for confiscation. 57. In Union of India v. Lexus Exports Pvt. Ltd., reported in 1994 (71) ELT 348 (SC), a learned

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Mar 02 1992

Howrah Indl. Estate Bonded Warehouse Vs. Collector of Customs

Court : Kolkata

Decided on : Mar-02-1992

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(45), 3, 4, 4(2), 5, 9, 57, 58 and 108

Reported in : 1992(59)ELT530(Cal)

is utilised by importers for storage of imported goods without payment of duty under Section 57 of the Customs Act, 1962.2. Sections 57 and 58 are as under:'S. 57. Appointing of public warehouse. - At any warehousing station, the

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Jul 21 1971

Gian Mahtani and anr. Vs. the State of Maharashtra and anr.

Court : Supreme Court of India

Decided on : Jul-21-1971

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B

Reported in : AIR1971SC1898; 1971CriLJ1417; (1971)2SCC611; 1971(III)LC890(SC)

appellant in Cr.A. 66/68 has been convicted by the High Court of charges Under Section 135(b)(ii) of the Customs Act 1962 and Section 5 of the Imports and Exports Control Act 1947. He has been sentenced to two years … been convicted and sentenced to 9 months rigorous imprisonment by him on charges Nos. 51, 52, 54, 55, 57 and 58 which related to commission of offences under the aforesaid enactments and Under Section 120B of the

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Oct 18 1994

Kasinka Trading and Another, Etc. Etc. Vs. Union of India and Another

Court : Supreme Court of India

Decided on : Oct-18-1994

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 25, 57 and 156; Customs Tariff Act, 1975 - Sections 2

Reported in : AIR1995SC874; 1995(50)ECC31; 1994LC637(SC); 1994(74)ELT782(SC); JT1994(7)SC362; 1994(4)SCALE806; (1995)1SCC274; [1994]Supp4SCR448; (1995) 2 SCC 274

Cus. dt. 25.3.80.G.S.R. - In exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962). and in supersession of the Notification of the Government of India in the Ministry of … with a view to consolidating and amending the law relating to customs duties as complimentary to the Act. Section 57 of the Customs Act confers upon the Central Board of Excise and Customs the power to make regulations

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May 18 2001

Trisakti Electronics and Industries Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : May-18-2001

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2 and 3; ;Central Excise Rules, 1944 - Rules 9 and 13; ;Customs Act, 1962 - Sections 20, 25, 25(1), 57 and 58; ;Central Excise Tariff Act, 1985; ;Customs Tariff Act, 1975

Reported in : 2001(78)ECC342,2001(133)ELT288(Cal)

1944);(b) from a public warehouse or a private warehouse appointed or licensed, as the case may be, under Section 57 or Section 58 of the Customs Act, 1962 (52 of 1962).Explanation. - For the purposes of this modification, … execution of approved projects. In exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 the Central Government, being satisfied that it is necessary in the public interest so to do, thereby exempts

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Apr 06 1990

Deepak Mahajan Vs. the Director of Enforcement and anr.

Court : Delhi

Decided on : Apr-06-1990

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 … Director of Enforcement & another as a whole are to be read as supplementary to the provisions of Section 57 of the Code. Under that Section a person arrested without a warrant cannot be detained by the police

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