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Yasvadan and Bros. Vs. C.T.A. Pillai and ors.

Court : Mumbai

Subject : Customs

Acts : Sea Customs Act, 1878 - Sections 167(8); Imports and Exports (Control) Act, 1947 - Sections 3(2) and 5; Import Trade (Control ) Order, 1955

Reported in : AIR1962Bom249; (1961)63BOMLR897

thereof under the licence did not constitute violation of any of the restrictions and prohibitions imposed under the Import Trade Control Order, 1955, or the Imports and Exports (Control) Act, 1947. According to the Petitioners at the Highest the clearance of … of Section 5 of the Imports and Exports (Control) Act, 1947 and Cls. 3 and 5 of the Import Trade Control Order, 1955. The relevant part of section 5 of the Act runs as follows:'5. If any person contravenes, or attempts

Dena Bank Vs. G.S. Sawhney and ors.

Court : Mumbai

Subject : CustomsCommercial

Acts : Import (Control) Order, 1955; Import Trade Control Rules

Reported in : AIR1981Bom161

and which endorsement shows the name of the petitioners on the copy. That the petitioners, according to the Import Trade Control Rules and Procedure bad hence become joint owners of the said licence.16. Mr. Setalvad contended that if any … Exports would institute proceeding under Clause 8 (S) and Clause 9 read with Clause 10 of the Imports (Control) Order, 1955. By its letter dated 28th Feb., 1968 the said firm acknowledged receipt of the aforesaid letter and forwarded

Sha Maggajee Saremall and Brothers, Madras Vs. Joint Chief Controller ...

Court : Chennai

Subject : Customs

Acts : Imports and Exports Control Act; Import Trade Control Order, 1955

Reported in : AIR1966Mad309; (1965)2MLJ313

did in fact contain a clause to this effect calling for disclosure of the relevant facts.(7) In the Import Trade Control Order 1955 issued in the exercise of the powers conferred by the Imports and Exports Control Act, an application for … any of these petitions.(9) LI/RSK/D.V.C. (10) Order accordingly. Customs - licence - Imports and Exports Control Act and Import Trade Control Order, 1955 - petition challenging Order of Import Control Authorities refusing grant of licence to petitioner - whether rejection of

Taarika Export and anr. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Import and Export (Control) Act, 1947 - Sections 4I(1), 4I(9), 4K and 4L; Import (Control) Order, 1955; Foreign Trade (Development and Regulation) Act, 1992 - Sections 20(2); Constitution of India - Article 226

Reported in : 2003VAD(Delhi)261; 105(2003)DLT569; 2003(69)DRJ392; 2003(90)ECC107; 2004(171)ELT163(Del)

shall be without prejudice to any other action that may be taken against the licensee under the Import (Control) Order, 1955, as amended.'2. The petitioners requested for amendment of the advance license on 21st February, 1992 as they intended … the petitioners to challenge the order dated 13th November, 1995 passed by the Additional Director General of Foreign Trade imposing a penalty of Rs. 45 lacs on the petitioners for their having failed to fulfill the export

Tarachand Gupta and Bros. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Reported in : (1971)73BOMLR558

(Pieces?) 'Rixe Mopeds' in CKD condition' and these goods appeared to have been imported in contravention of the Import Trade Control Order issued under Section 8 of the Imports and Exports (Control) Act, 1947. It was alleged that their import … by a judicious use of other powers which the licensing authorities undoubtedly possess. Rule 5 of the Imports (Control) Order, 1955 as amended upto March 18, 1964 prescribes that :(1) The licensing authority issuing a license under this Order

Vijayasri Metal Industries Vs. Minerals and Metal Trading Corpn.

Court : Andhra Pradesh

Subject : CivilExcise

Acts : Common wealth Immigrants Act, 1962; Land Acquisition Act, 1894 - Sections 4 and 6; Government of India Act, 1935 - Sections 49(2) and 124(2); Imports and Exports Control Act, 1947 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 96, 98, 165, 451 and 523; Code of Civil Procedure (CPC) - Sections 92; Madhya Pradesh Public Security Act - Sections 1 and 3(1); Imports (Control) Order, 1955; Import Trade Control Rules; Mysore Public Works Department Code; Constitution of India - Articles 14, 19, 19(1), 31, 31(1), 31(2), 73, 73(1), 162, 226, 239, 240, 246, 258(2) and 370

Reported in : 1988(37)ELT25(AP)

Division, Madras are hot acting under the authority of law when they act under para 292 of the Import Trade Control Rules and procedure to cancel the release orders issued under para 97 of the same Rules and procedure, … of that Section 3(1)(a) of the Imports and Exports Control Act, 1947 and Clause 6(i)(a) of the Imports (Control) Order 1955, an applicant has no vested right to an import licence in terms of the policy in force at

Union of India and Another Vs. Sampat Raj Dugar and Another

Court : Supreme Court of India

Subject : Commercial

Acts : Imports and Exports (Control) Act, 1947 - Sections 3 and 4G; Customs Act, 1962 - Sections 2(26), 111, 112, 120 and 124; Official Gazette Act; Imports Control Order, 1955

Reported in : AIR1992SC1417; 1992(38)ECC83; 1992(58)ELT163(SC); JT1992(1)SC554; 1992(1)SCALE167; (1992)2SCC66; [1992]1SCR269; [1993]88STC176(SC)

definition of 'importer' in Section 2(26) of the Customs Act read with Clause 5(3) (ii) of the Imports (Control) Order 1955. Reliance was also placed upon para 26 (iv) of the Import and Export Policy issued for the year … which are liable to confiscation under this Act, had been imported for personal use, and not for any trade or industry, and that they belong to a person other than the person who has, by any act

Union of India Vs. Hindustan Platinum Private Limited

Court : Mumbai

Subject : Customs

Acts : Import and Export Trade Control Act, 1947; Import (Control) Order, 1955

Reported in : 1993(42)ECC199; 1989(24)LC757(Bombay); 1989(44)ELT443(Bom)

powers conferred under the Import and Export Trade Control Act, 1947 read with the provisions of the Import (Control) Order, 1955, the Central Government had issued public notices relating to the import policy as well as for promotion of

Meher and Meher Vs. Board of Trustees of the Port of Bombay

Court : Mumbai

Subject : Customs

Acts : Import Trade (Control) Order, 1955

Reported in : 1984(16)ELT217(Bom)

petitioners import foreign goods, without payment of Import Duty under the saving contained in Para 11(d) of the Import Trade (Control) Order, 1955. The petitioners imported certain stocks of whisky and cigarettes during January 1978. The goods arrived in four consignments

Jagannath Prabhashankar Joshi and anr. Vs. Varadkar and ors.

Court : Mumbai

Subject : CommercialConstitution

Acts : Imports and Exports (Control) Act, 1947 - Sections 3; Imports (Control) Order, 1955; Constitution of India - Article 226

Reported in : AIR1961Bom244; (1961)63BOMLR1

in India and then to the provisions of the relevant laws and instructions which govern this matter. 9. Import trade control was first introduced in India in May, 1940 as a war-time measure, under the Defence of India Rules, … March, 1965. 10. In exercise of the powers conferred by the Act the Central Government promulgated the Imports (Control) Order, 1955. Notifications have been issued by the Central Government from time to time on the basis of the Act