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Apr 20 2006

Shrirang Ramratan Chandak and ors. Vs. Union of India (Uoi), Ministry ...

Court : Mumbai

Decided on : Apr-20-2006

Subject : Customs

Acts : Gold (Control) Act, 1968 - Sections 8, 8(1), 16, 71, 71(1), 73, 74, 82(2), 82B(1), 82B(3), 85 and 85(1)

Reported in : 2006(5)BomCR685; 2007(207)ELT217(Bom); 2006(4)MhLj571

(for short, 'the Tribunal'). 2. On the basis of the information received by the concerned authority under the Gold (Control) Act, 1968, the search was conducted in the residential premises of Ramratan Srivallabh Chandak (since deceased) on 25th March, 1974. … the seized primary gold be not confiscated under Section 71 of the Gold (Control) Act for contravention of Sections 8(i) and 16 of the said Act. Ramratan Srivallabh Chandak was also prosecuted under Sections 8(i) and Section … made an application to the Central Government under the then existing Section 82(2) of the Gold Control Act. However, the said application came to be

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Dec 01 1980

Wadilal Mathuradas JaIn Vs. the Assistant Collector of Central Excise ...

Court : Mumbai

Decided on : Dec-01-1980

Subject : Customs

Acts : Gold Control Act, 1968 - Sections 82; Constitution of India - Article 226

Reported in : AIR1982Bom1

the result, the rule is discharged with costs.17. Petition dismissed. It was adjudged that Section 82 of the Gold Control Act, 1968 does not contemplate the personal hearing of the candidate when an order under the appeal is being confirmed … concerned demands an opportunity of being heard, if has to be given . In our opinion, these two sections amply provide for observance of the principles of natural justice while adjudicating the matters. However same is not

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Aug 28 1987

Gunvant and Others Vs. Collector of Central Excise and Others

Court : Delhi

Decided on : Aug-28-1987

Subject : Company

Acts : Gold Control Act, 1968 - Sections 82

Reported in : [1990]69CompCas596(Delhi); 1988(15)ECC427; 1992LC532(Delhi); 1987(32)ELT53(Del)

by the Central Government in purported exercise of the powers conferred on them under section 82 of the Gold (Control) Act, 1968 (hereinafter referred to as 'the Act'), whereby it is proposed to revise the order dated December 13, 1979, … 1980 (annexure 1), issued by the Central Government in purported exercise of the powers conferred on them under section 82 of the Gold (Control) Act, 1968 (hereinafter referred to as 'the Act'), whereby it is proposed to

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Oct 26 1979

Jai Kishan Dass Vs. Jasjit Singh and ors.

Court : Delhi

Decided on : Oct-26-1979

Subject : Customs

Acts : defense of India Act (Gold Control) Rules, 1962 - Rules 126, 126(G), 126H(2), 126I(16), 126M, 126M(3A), 126M(8) and 126M(B); defense of India Act (Gold Control) Act, 1968; Gold Control Ordinance, 1968 - Sections 82; Gold Control Rules, 1962; Gold Control (Amendment) Rules, 1966

Reported in : 1980CENCUS210D; 1982(10)ELT944(Del)

of Nov., 1967.4. On 26th of July, 1968 the Gold Control Administrator in exercise of the powers under Section 82 of the Gold (Control) Ordinance, 1968 read with Rules 126-M (3-A) of the defense of India (Gold … the effect of Gold Control Ordinance, 1968 repealing the defense of India (Gold Control) Rules, 1962 or the Gold Control Act, 1968. In view of the peculiar facts of this case it is not necessary to refer to the decision

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Feb 04 1982

Panna Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Feb-04-1982

Subject : Customs

Acts : Constitution of India - Article 226; Gold (Control) Act, 1968 - Sections 8, 8(1), 11, 16(5), 55, 55(3), 66, 71, 72, 73, 74, 79 and 82(3); Customs Act, 1962 - Sections 110

Reported in : 1986(23)ELT103(Raj); 1982()WLN28

leading to this writ petition under Article 226 of the Constitution of India in the matter of the Gold (Control) Act, 1968 are that on 30th May, 1974, in pursuance of an information, the Central Excise and Customs Preventive party … (4) One Bill No. 5777 of Hotel Ratan dated 30th May, 1974.The raiding party seized the gold under Section 66 of the Gold (Control) Act and the silver under Section 110 of the Customs Act, 1962 on … tickets of Delux Bus from Ajmer to Jodhpur No. 8 20875 and 820876. (2) One receipt No. 11195 dated 30th May. 1974 of Dharam Kanta

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Jul 30 1986

Collector of Customs and Central Vs. Naginkumar Mamaiyabhai Jagda

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-30-1986

Subject : Excise

Reported in : (1986)(26)ELT864Tri(Mum.)bai

1. The Collector of Customs & Central Excise, Rajkot has filed this application under Section 82-B of the Gold (Control) Act 1968 to refer to the Hon'ble Gujarat High Court at Ahmedabad the point of law which has arisen out … the order passed by the Collector of Central Excise or Customs as an adjudicating authority. The Notifications under Sections 4 and 7 of the Gold (Control) Act were really not meant to determine the Appellate jurisdiction of

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May 15 1987

Dalip Singh Vs. Union of India

Court : Delhi

Decided on : May-15-1987

Subject : Customs

Acts : Customs Act, 1962 - Sections 25, 108, 111, 112, 113, 130(1) and 130(3)

Reported in : 1987(14)ECC161

Act. He also held that the said gold was liable to absolute confiscation under Section 71 of the Gold (Control) Act, 1968, but since the said gold had already been absolutely confiscated under Section 111(d) of the Act it was … two separate petitions, viz. under Section 130(1) of the Act and Section 82(B) of the Gold (Control) Act seeking reference of six questions each in … H.C. Goel, J.1. The facts giving rise to this petition under Section 130(3) of the Customs Act, 1962 (for short 'the Act') briefly stated are that on December 14, 1980

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May 13 1997

Laxmi NaraIn Vs. Union of India (Uoi)

Court : Punjab and Haryana

Decided on : May-13-1997

Subject : Civil

Acts : Gold (Control) Act, 1968 - Sections 66, 74 and 82; Code of Criminal Procedure (CrPC) - Sections 109; Indian Penal Code (IPC) - Sections 323 and 330

Reported in : 1999LC199(P& H); 1999LC576(P& H); 1999(108)ELT626(P& H)

Bhiwani took into possession the above said gold sovereigns which were subsequently seized under Section 66 of the Gold (Control) Act, 1968 (hereinafter called 'the Act'). Jagat Singh and Sobha Rani then gave statements to the authorities that the gold … An-nexures P-3 and P-5 the petitioner moved two separate petitions under Section 82 of the Act addressed to the Secretary, Government of India and as … arrested and a confessional statement taken from him under coercion, on which the petitioner filed a complaint under Sections 330/323 of the Indian Penal Code against Ram Chander S.H.O. The Chief Judicial Magistrate, Bhiwani, in his order

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Jul 16 1992

Binod Behari Panda Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Jul-16-1992

Subject : Excise

Reported in : 1993(42)ECC78

G.B. Patnaik, J.1. The petitioner assails the orders passed by the authorities under the Gold Control Act, 1968, directing confiscation of the gold recovered from the petitioner's premises and levying penalty on the petitioner.2. The brief … recovered. The Central Excise authorities on being satisfied that the petitioner failed to produce any evidence and contravened Section 8 of the Gold (Control) Act, initiated a proceeding calling upon the petitioner to explain as to why … therefore, the revisional authority had no power under Sub-section (1) of Section 82 to interfere with that part of the appellate direction. Under Sub-section (2)

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Jul 17 1987

Collector of Central Excise Vs. Kamalesh Kumar Jasvant Lal Modi

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

Decided on : Jul-17-1987

Subject : Land Acquisition

Reported in : (1988)LC466Tri(Chennai)

Central Excise, Madras, in pursuance of a direction by the Gold Control Administrator under Section 82(1) of the Gold (Control) Act, 1968 (hereinafter referred to as the 'Act') for enhancing the quantum of penalty on the respondents.2. Since the above … by the Collector of Central Excise, Madras, in pursuance of a direction by the Gold Control Administrator under Section 82(1) of the Gold (Control) Act, 1968 (hereinafter referred to as the 'Act') for enhancing the quantum of

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