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Mumbai Court May 1996 Judgments

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May 01 1996

Commissioner of Customs Vs. Poona Roller

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on: May-01-1996

Reported in: (1997)LC237Tri(Mum.)bai

1. Though this group of appeals filed by the Revenue, exercising powers under Section 129D(1) of the Customs Act, involve in consideration of three different orders passed by the Collector of Customs-II at Mumbai, because the main issue for consideration is the same, all the appeals have been argued together and are being disposed of by this common order.2. First group of appeals (C/375-R/95, C/384 to 386-R/95) are in relation to the order CAO/No. 117/94 CAC, second group of appeals (C/411 to 414-R/95) are against order CAO/No. 116/94 CAC" and third group of appeals (C/432 to 435-R/95) are related to order CAO/No.118/94-CAC. All the orders are dated 24-6-1994. In the first and second group of appeals, the Orders-in-Original are for dropping the proceedings on the ground that the officer issuing the Show Cause Notices, was not the proper officer authorised to issue such Show Cause Notices, whereas in the third group of appeals, the adjudicating authority has, while dropping the part of...


May 01 1996

common Cause a Registered Society Through Its Director Vs. Union of In ...

Court: Mumbai

Decided on: May-01-1996

Reported in: 1996(4)BomCR519; 1997BomCR(Cri)318; (1996)98BOMLR143

B.P. Jeevan Reddy, J.1. 'Common Cause', a registered society espousing public causes has asked for certain general directions in this writ petition, preferred under Article 32 of the Constitution of India, with respect to cases pending in Criminal Courts all over the country. The directions asked for are:(a) quashing of all proceedings against persons accused of offences under the Motor Vehicles Act where the proceedings were initiated more than one year ago and are still pending in any Court in the country;(b) to direct the unconditional release of the accused and dismissal of all proceedings pending in Criminal Courts with respect to offences under the Indian Penal Code or other penal statutes which have been pending for more than three years from the date of their institution and for which offences the maximum sentence provided under law is not more than six months with or without fine. This direction is sought in respect of all prosecutions whether lodged by police, other Governmen...


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