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

Court : Kolkata

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 … the respondent Port authorities have under the obligaion to sell the same in accordance with the provision of section 62 of the Major Port Trust Act. 1963. They are not entitlled to claim any demurrage from the petitioner

M/S. Industrial Cables (India) Ltd. and Another Vs. the Board of Trust ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 11, 48, 111, 124 and 128; Major Port Trusts Act, 1973 - Sections 61 and 62; Imports and Exports (Control) Act, 1947 - Sections 125; Constitution of India - Article 226

Reported in : AIR1990Bom249; 1990(1)BomCR296; (1989)91BOMLR500; 1991(31)ECC62; 1990(45)ELT369(Bom)

despatched on 4th September 1979 and under that order the goods were confiscated under S. 111 of the Customs Act, 1962 read with S. 3(2) of the Imports and Exports (Control) Act, 1947. The petitioners were given an option … purposes with which are included in that provision some of which relate to the non-payment of rent etc. Section 62 of the said Act further entitles the authorities of the Bombay Port Trust to sell the goods if

Automotive Tyre Manufactureres. Vs. the Designated Authority and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Section 130E, 129; Customs Tariff Act, 1975 - Sectio 9A, 9C; Electricity Act, 2003 - Section 62

Reported in : (2011)2SCC258

1. This batch of civil appeals under Section 130E of the Customs Act, 1962 (for short "the Act") arises out of a common judgment and order, dated 9th September 2005, passed by … be construed as a general principle of law applicable to other enactments and Tribunals. Moreover, the proceedings under Section 62 of the Electricity Act, 2003 are adversarial in nature, and therefore they cannot be likened to an anti-dumping

The Board of Trustees for the Port of Kolkata and anr. Vs. Swahom Ship ...

Court : Kolkata

Subject : Civil

Acts : Customs Act, 1962 - Sections 45(2), 48 and 150; ;Major Port Trust Act, 1963 - Sections 6(A), 19 and 62

Reported in : AIR2006Cal239

2003 the writ petitioner wrote several letters to the Customs Authorities requesting them to take steps under the Customs Act, 1962 as the consignee failed to take delivery in spite of requests. On April 4, 2003 the writ petitioner … Port Trust to enquire about the uncleared sale of goods within two months from the date of landing. Section 62 of the Major Port Trust Act can be invoked when the goods are outside the containers, but when

Collector of Customs, Calcutta Vs. Sanjay Chandiram

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 14 and 111; Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Rules 3, 4 and 8; Imports and Exports (Control) Act, 1947; Imports (Control) Order, 1955

Reported in : 1996(54)ECC1; 1995(77)ELT241(SC); JT1995(7)SC499; 1995(3)SCALE262; (1995)4SCC222; [1995]Supp1SCR19

to show cause why the imported goods should not be confiscated under Section 111(d) and (m) of the Customs Act, 1962 read with Imports and Exports (Control) Act, 1947 and the Imports (Control) Order 55. Importer was also asked

J.P. Electronics Pte. Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 48; Major Port Trusts Act, 1963 - Sections 61 and 62

Reported in : 2001(133)ELT32(Bom)

1. Heard both sides by consent finally.2. A small but subtle question under the provisions of the Customs Act, 1962 has arisen in this Writ Petition for our consideration, to the effect that when an exporter has sent … Associates requesting them certain documents. In the meanwhile, the 5th respondent issued a sale notice dated 19-9-2000 under Sections 61 and 62 of the Major Port Trusts Act, 1963. Subsequently, respondent No. 4 once again addressed a

Commissioner of Customs Vs. O.L. of Gil Hospitals Ltd. and ors.

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 446, 446(1), 446(2), 450(3), 456, 456(1), 456(2), 457, 529, 529A and 530; Companies (Court) Rules, 1959 - Rules 6, 9 and 11; Customs Act, 1962 - Sections 126 and 126(1)

Reported in : [2008]145CompCas217(Guj)

vested in the Central Government with effect from October 30, 1999, by virtue of Section 126 of the Customs Act, 1962.3. It is, inter alia, prayed that pending hearing and final disposal of this application, a direction be issued … decision of the Kerala High Court in the case of A.M. Padmakshi v. Sudarsan Chits (India) Ltd. [1987] 62 Comp Cas 637, where it is held that when no winding up order is passed and the provisional

Brahma Steyr Tractors Ltd. Vs Union of India and ors.

Court : Delhi

Subject : Major Port Trusts

Acts : Major Port Trusts Act, 1963 - sections 62(1), 61(3),59 ; Customs Act, 1962 - sections 46, 48

actual import which took place in 1999. In terms of Section 46 read with Section 48 of the Customs Act, 1962 no importer could be permitted to clear the goods for import without filing a bill of entry. As … pay the entire demurrage was not justified. It is submitted that the MPT acted in violation of Section 62(1) of the Major Port Trusts Act, 1963 (MPT Act) read with Section 61(3) thereof. The Petitioner had already

Associated Forest Products (P) Ltd. Vs. Asstt. Collr. of Customs

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 15(1), 31(2), 31(3), 46, 46(3) and 48; ;Home Consumption Act - Section 46(1); ;Indian Tariff Act, 1934 - Section 2A; ;Customs Tariff Act, 1975 - Section 3; ;Constitution of India - Article 14

Reported in : 1992(59)ELT264(Cal)

the date of importation is not relevant. What is relevant is as provided under Section 15 of the Customs Act, 1962. Section 15 fixes (i) the date and (ii) the rate from and at which the duty is to be … that day basic customs duty chargeable was 10 per cent ad valorem by virtue of exemption Notification No. 62/85-Cus., dated 17-3-1985. Auxiliary duty and additional duty were wholly exempt by virtue of Notification No. 311/86-Cus., dated 13-5-1986

Swahom Shipping Services Pvt. Ltd. Vs. Commissioner of Cus.

Court : Kolkata

Subject : Customs

Acts : Customs Act, 1962 - Sections 45(2), 48 and 150; ;Customs Rules; ;Customs Regulations; ;Major Port Trusts Act, 1963 - Sections 59, 59(2), 61, 61(2), 61(3), 61(4), 62, 62(1), 62(3) and 63; ;Major Port Trusts Rules; ;Major Port Trusts Regulation; ;Arms Act, 1959; ;Uncleared Goods (Bill of Entry) Regulations, 1972

Reported in : 2005(190)ELT436(Cal)

said goods at the port the respondent No. 5 did not clear the same under the provisions of Customs Act, 1962, nor anybody came forward to claim the ownership of said goods. As a result, the containers could not … been held by the Division Bench of this Hon'ble Court in an unreported decision that the provisions of Section 62 of the Major Port Trusts Act is an enabling Section. It had been further held by the above