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Nirmal Construction and Finance Company and anr. Vs. Union of India an ...
Delhi
Oct-29-1979
Customs
Import & Export (Control) Act, 1947 - Sections 3; Export Control Order, 1977; Constitution of India - Article 73
ILR1980Delhi1; 1981LabIC1012; 1980RLR508
capacity. The power given to the Government is regulate imports and exports by section 3 of the Imports and Export Control Act, 1947 is a power to be exercised in the interests of the public and is, thereforee, a duty owed … The Export Control Order, 1977 has been issued by the Government under section 3 of the Act. Under clause 3 of the Order the goods … of the Constitution gives exclusive power to Parliament to legislate about trade and commerce with foreign countries and import and export across customs frontiers. The executive power of the Union of India under Article 73 of the Constitution extends
Tag this Judgment! AI Brief & AskAssistant Collector of Customs for Exports, Calcutta and ors. Vs. Hoar ...
Kolkata
May-02-1986
Constitution
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
AIR1987Cal181,1986(10)ECC220,1987(11)LC193(Calcutta),1986(25)ELT516(Cal)
--'S. O. 3613 -- In exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), the-Central Government hereby prohibits the import and export of all goods, whether directly or indirectly, … question of public importance has been raised. The application is rejected.Shyamal Kumar Sen, J.40. Iagree. Customs Act, 1962, Sections 11, 113(d), 114 - GOI Order No. 9/65, Notfn. No. IPC (Genl. 44)/65--ITC 1947, Section 3--Authentication Amendment Rules,
Tag this Judgment! AI Brief & AskState of West Bengal Vs. Motilal Kanoria
Supreme Court of India
Mar-15-1966
Customs
Constitution of India - Article 134(1); Imports and Exports (Control) Act, 1947 - Sections 3 and 5; Imports and Exports (Control) (Amendment) Act, 1960; Sea Customs Act, 1878 - Sections 3(2); Defence of India Rules - Rule 84(3); Imports and Exports (Control) (Amendment) Act, 1950
AIR1966SC1586; 1966CriLJ1210; [1966]3SCR933
A report was made to the police for investigation and later a complaint under s. 5 of the Import and Exports (Control) Act, 1947 was filed in the Court of the Chief Presidency Magistrate, Calcutta, by the Deputy … of the respondent Motilal Kanoria under s. 5 of the Imports and Exports (Control) Act, 1947 and the sentence of fine of Rs. 200/- (in … 1963 by which the conviction of the respondent Motilal Kanoria under s. 5 of the Imports and Exports (Control) Act, 1947 and the sentence of fine of Rs. 200/- (in default simple imprisonment for one month) imposed by the … one month. 25. Appeal allowed. Customs - breach of Order - Article 134 (1) of Constitution of India, Sections 3 and 5 of Imports and Exports (Control) (Amendment) Act, 1960 and Section 3 (2) of Sea Customs Act,
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ram Kirpal Bhagat and ors. Vs. the State of Bihar
Supreme Court of India
Nov-13-1969
Customs
Sea Customs Act, 1878 - Sections 6, 173 and 178-A; Imports and Exports Control Act, 1947 - Sections 3; Indian Penal Code (IPC), 1860 - Sections 147, 149, 225, 332, 333 and 379
AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; [1970]3SCR233
and Exports Control Act, 1947 conferred power on the Central Government to make provisions prohibiting, restricting and controlling import and export. The Imports Control Order, 1955 was made by virtue of power conferred by Section 3 of the Imports … contravention of Section 19 of the said Act and also under Section 5 of the Imports and Exports Control Act, 1947 for contravention of Section 3(1) of the Imports Control Order, 1955.4. At the trial before the Assistant Sessions … Nazir Mian and seize 2 bags of cloves from his possession under Sections 173 and 178 respectively of the Sea Customs Act, 1878.2. The facts
Tag this Judgment! AI Brief & AskYasvadan and Bros. Vs. C.T.A. Pillai and ors.
Mumbai
Jul-25-1960
Customs
Sea Customs Act, 1878 - Sections 167(8); Imports and Exports (Control) Act, 1947 - Sections 3(2) and 5; Import Trade (Control ) Order, 1955
AIR1962Bom249; (1961)63BOMLR897
In the result the petition is dismissed with costs.(26) Petition dismissed. Imports and Exports (Control) Act (XVIII of 1947), Sections 3, 5 - Import Trade Control Order, 1955. Clauses 3, 5 -- Sea Customs Act (VIII of 1878), Section … The scope and effect of the section 167(8) is much wider than that of Section 5 of the Import and Export (Control) Act. It is not illegal nor impossible to make a finding that contravention of compulsory conditions as mentioned in … confiscated under Section 167(8) of the Sea Customs Act read with Section 3(2) of the Imports and Exports (Control) Act, 1947.(2) The relevant facts are as follows:-The petitioners are a partnership firm carrying on business as importers and dealers
Tag this Judgment! AI Brief & AskDava Son of Bhimji Gohil Vs. Joint Chief Controller of Imports and Exp ...
Supreme Court of India
Apr-16-1962
Constitution
Constitution of India - Articles 19(1), 19(6), 132(1), 133(1) and 226; Imports and Exports (Control) Act, 1947 - Sections 3; Export Control Order, 1958; Sea Customs Act, 1878 - Sections 19
AIR1962SC1796; (1963)65BOMLR292; [1963]2SCR73
6(h) of Exports Control Order 1958, was beyond the rule-making power under s. 3 of the Imports & Export Control Act, 1947, (2) Even if clause 6(h) and the 'canalising' of exports through 'special' or 'specialised' agencies or channels be … impugning the constitutional validity of certain notifications and directions issued under the Imports and Exports (Control) Act, 1947, and the Export Control Order, 1958, framed … special or specialized agencies or channels. 32. The Order was made in exercise of the powers conferred by Sections 3 and 4-A of the Act. It is contended that s. 3 does not empower the Central Government to
Tag this Judgment! AI Brief & AskM.A. Rangaswami and ors. Vs. AmIn Chand Payarelal Firm, Bombay
Mumbai
Mar-09-1978
Customs
Customs Act, 1962 - Sections 2, 2(25), 2(33), 11, 11(1), 111, 112 and 125; Imports (Control) Order, 1955; Imports and Exports (Control) Act, 1947 - Sections 3, 3(1), 3(2), 3(3), 4A and 5; Indian Partnership Act; Sea Customs Act, 1878 - Sections 19, 167 and 167(8); Imports and Exports (Control) Amendment Ordinance, 1975; Imports and Exports (Control) (Amendment) Act, 1976
AIR1979Bom130; (1978)80BOMLR250
under section 111 of the Customs Act, 1962, read with section 3 (2) of the Imports and Exports (Control) Act, 1947, (as amended), and why action should also not be taken under Section 112 of the Customs Act, 1962. … Act (LII of 1962), Sections 2(25), 2(33), 111(d) and 112 - Imports and Exports (Control) Act (XVIII of 1947), Sections 3(2), 4A and 5--Imports (Control) Order, 1955, Clause 3(1)--Attempted import of goods in breach of condition of Customs … thereunder were enforced either by the prosecution of the offender or by debarment of the offender from receiving import and export facilities for a specified period. Experience has shown that these steps did not havethe desired effect in curbing
Tag this Judgment! AI Brief & AskJagannath Prabhashankar Joshi and anr. Vs. Varadkar and ors.
Mumbai
Sep-09-1960
CommercialConstitution
Imports and Exports (Control) Act, 1947 - Sections 3; Imports (Control) Order, 1955; Constitution of India - Article 226
AIR1961Bom244; (1961)63BOMLR1
of law. We are, therefore, deciding this case upon this footing. 12. Section 3 of the Imports and Exports (Control) Act, 1947 confers power upon … Jagannath Prabhashankar Joshi and Shankerlal Prabhashanker Trivedi and one Shantilal Karsamji Bhatt. This firm carried on business of import and export and was recognized by the Import and Export Authorities as an Established Importer. Certain quota certificates were granted … year, because of the conditions prevailing at that time. Eventually it was replaced by the Imports and Exports (Control) Act, 1947. This Act was originally intended to be in force for three years only, but apparently because exchange difficulties
Tag this Judgment! AI Brief & AskUnion of India and ors. Vs. Alok Exports Etc.
Mumbai
Feb-02-1980
Customs
Constitution of India - Article 226; Imports and Exports Control Act, 1947 - Sections 3; Exports (Control) Order, 1977; General Clauses Act, 1897 - Sections 6; Exports (Control) Amendment Order, 1979; Indian Partnership Act, 1932; Defence of India Rules, 1939 - Rule 84; Emergency Provisions Continuance Ordinance, 1946; Import Control Order, 1955; Exports (Control) Order, 1968; Drugs and Cosmetics Act, 1940; Indian Tariff Act, 1934; Sales Tax Act; Orissa Sales Tax Act, 1947 - Sections 5(1) and 8; Madras Hindu Religious and Charitable Endowments Act, 1951 - Sections 64(4); Taxation Laws
AIR1980Bom280; 1989(24)LC677(Bombay)
the Hand Book of Import-Export Procedures must be regarded mainly as providing the machinery for implementation of the Import and Export Control Orders and no interpretation can be given to themwhich would practically nullify the operation of the said Order. … the officers appointed by appellant No. 1 and exercise their powers and functions under the Imports and Exports Control Act, 1947 (XVIII of 1947), (hereinafter referred to as 'the said Act'% On 23rd March 1979 a contract was entered … Drugs and Cosmetic Act, 1940, Indian Tariff Act, 1934, Sales Tax Act, Sections 5 (1) and 8 of Orissa Sales Act, 1947, Section 64 (4) … Pendse, J. in Misc. Petn. No. 1479 of 1979 (1980 Cen. Cus. 32-D) and Misc. Petn. No. 1114 of 1979 respectively. Appeal No. 338 of
Tag this Judgment! AI Brief & AskKalindi Woollen Mills (P) Ltd. and anr. Vs. Union of India (Uoi) and o ...
Kolkata
Jul-20-1990
ConstitutionCustoms
Imports and Exports (Control) Act, 1947 - Section 3; ;Imports (Control) Order, 1955; ;Constitution of India - Articles 14, 19(1)(6) and 226
(1991)2CALLT75(HC),1991(33)ECC205,1991(53)ELT524(Cal)
indicates inter alia that in exercise of the powers conferred by section 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), the Central Government makes the following amendment in the Open General Licence No. 1/88 dated … 'D' indicates inter alia that in exercise of the powers conferred by section 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), … The following amendment shall be made in the Policy at appropriate places indicated below :______________________________________________________________________________ Page No. of Import and Export PolicySl. 1988-91No. Volume I Reference Amendment___________________________________________________________________________________1. 170 Appendix 6 After the existing condition No. 25(ii) Conditions the following
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