Court : Kolkata
Reported in : AIR1968Cal28
..... forward on behalf of the appellant and it is as follows : it is argued that under section 111(d) any goods which were imported contrary to any prohibition imposed by or under the said act or any other law for the time being in force, was liable to confiscation. it is argued that under section 160(1) read with the schedule, ..... a reasonable opportunity, if the grounds given are vague, unspecific. uncertain or ambiguous. it musl also be remembered that the provisions of the customs act which result in confiscation, fine etc are penal in character. in amba lal v. union of india. air 1961 sc 264 subba rao. j. (as he then was) dealing with section 178a of the sea customs ..... act which corresponded to section 123 of the said act. said as follows :'this court has held that a custom officer is not a judicial tribunal and .....
Tag this Judgment!Court : Kolkata
Reported in : [1966]36CompCas512(Cal),70CWN280
..... upon any body to prove or disprove anything. in making such an administrative enquiry, the inspector need not proceed judicially and, unless there be express or implied prohibition in the statute, there may be co-inspectors appointed or the investigation may be carried on by a successor to the inspector first appointed.49. i have ..... 1963, june 12, 1964, and june 30, 1964, for a writ of mandamus directing the respondents to recall or rescind the said orders and for a writ of prohibition restraining the respondent from taking further steps in the impugned proceedings. the petitioner-company obtained this rule on july 21, 1964. mr. r. c. deb, learned advocate ..... of the observations of lord thankerton in hearts of oak insurance co., [1960] 30 comp. cas. 644; : [1961]1scr191 . in the case of raja narayan bansilal v. maneck phiroz mistry. dealing with an investigation under the companies act, gajendragadkar j. (as the chief justice then was) observed at page 39 :' it is well-known that the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal63,54CWN182
..... bearing in mind the principle underlying the section and the intention of the legislation.12. in the transfer of property act which was also enacted in 1882, we find in section 136, an express prohibition as regards legal practitioners buying or trafficking in actionable claims.13. the principle underlying both the sections is that persons ..... contemplated therein should not be even exposed to the suspicion that in the discharge of their duties, their conduct might be influenced by any personal consideration.14. in construing any act of the ..... which is hit by order 21 rule 78 makes the sale void or voidable.27a. mr. bakshi contends that the use of word shall makes the prohibition mandatory and renders the sale a nullity.28. this broad contention is supported neither by principle nor by authority. it cannot be affirmed as a proposition .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal186
..... distribution of the fixed dose combination of hydroxtruinbline group of drugs with other drugs, except for preparations meant for external use, was required to be prohibited in the public interest.35. as already indicated hereinabove, no affidavit has been filed by the central government and in spite of repeated opportunities ..... question was pending before the hon'ble supreme court and a report had been filed by the concerned respondents in the said proceedings regarding the prohibition of several fixed dose combination drugs, including lodochlorohydromyquinoline, dn the recommendation of the drugs technical advisory board.25. inasmuch as, the averments made ..... that in the public interest its manfuacture, sale or distribution is required to be prohibited.33. for the sake of reference, the provisions of section 26a of the 1940 act are reproduced hereinbelow:--'26a. power of central government to prohibit manufacture, etc., of drug and cosmetic in public interest. -- without prejudice to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal136
..... reiterated the position that the existence of an alternate remedy is not generally a bar to the issuance of a writ of prohibition. but in order to substantiate a right to obtain a writ of prohibition from a high court or the supreme court, an applicant has to demonstrate total absence of jurisdiction to proceed on the part ..... , and 'integrated activities' was explained in similar language. this court again accepted these tests in endupuri narasimhan's case. in section 3 of the central sales tax act (act 74 of 1956), the legislature has accepted the principle governing inter-state sales as laid down in mohanlal hargovind's case. the principles for determining when a sale or ..... a transfer of documents of title to the goods during their movement from one state to another.'in tata iron & steel co. ltd., bombay v. s.r. sarkar, : [1961]1scr379 , shah, j., in explaining what sales are covered by clause (a) of section 3 above said :'clause (a) of section 3 covers sales, other than those included .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal789
..... the offence-must be given an opportunity of showing that he had permission when he is accused of contravening a provision or rule of the act which prohibits doing of an act without permission. moreover under section 23 the principal penalty is imprisonment or fine and incidentally the magistrate may direct confiscation of the goods. in ..... or the reserve-bank:provided that where any such offence is the contravention of any of the provisions of this act or any rule, direction or order made thereunder which prohibits the doing of an act without permission, no such complaint shall be made unless the person accused of the offence has been given an opportunity ..... of section 167 is :'if any goods, the importation or exportation of which is for the time being prohibited or restricted by or under chap. 4 of this act, be imported into or exported from india contrary to such prohibition or restriction' etc. . .7. smuggling is nothing but importation or exportation of goods secretly or clandestinely .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal485,1974CriLJ1341,74CWN847
..... council. nevertheless, the high courts were treated as superior courts for all purposes. no writ of prohibition ran against the high courts, indeed the writ was unknown. on the contrary, under section 45 of the specific relief act the chartered high courts could make orders in the nature of mandamus which in england could be made ..... being an order made in the exercise of revisional jurisdiction. clause 22 of the letters patent confers on the high court ordinary criminal jurisdiction. clause 25 prohibits appeal to the high court from any sentence or order passed or made in any criminal trial before the courts of original criminal jurisdiction which may be ..... clause 27 conferred on the high court jurisdiction to hear appeals from all criminal courts of bengal. that is why express provision had to be made to prohibit appeals. but as revisional jurisdiction of the high court was restricted to courts subject to its appellate jurisdiction, no provision was necessary to bar revision.44. .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT173(HC)
..... may be attacked by judicial review.i have described the third head as 'procedural' impropriety rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision. this is because susceptibility to judicial review under this head covers also failure by an ..... is not a previous convict. having regard to the circumstances of the case, i am of the opinion that he should be dealt with under the probation of offenders act, 1958'.13. thereafter the supreme court proceeded to hold as follows :-'it is to be lamented that despite these observations of the learned magistrate the government chose to ..... servant on the ground of conduct which has led to his conviction on a criminal charge. but the right to impose a penalty carries with it the duty to act justly. considering the facts of this case, there can be no two opinions that the penalty of dismissal from service imposed upon the appellant is whimsical'.14. mr .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal606,1957CriLJ1116
..... that all goods to which any 'order under sub-section (1) applies' shall be deemed to be goods of which the import or export has been prohibited by the sea customs act. the order in question viz., notification no. 23-i.t.c./43 was not an order under section 3(1) of the imports and exports (control ..... 'may' were substituted.3. notwithstanding anything contained in the aforesaid act, the central government may, by order published in the official gazette, prohibit, restrict or impose conditions on the clearance, whether for home consumption or for shipment abroad, of any goods or class of goods imported ..... to which any order under (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the sea customs act, 1878. and all provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word 'shall' therein the word .....
Tag this Judgment!Court : Kolkata
Reported in : 1996(87)ELT378(Cal)
..... it has also been provided that the duplicate copy of freely transferable import licence shall not be issued. it is the contention of the petitioner that the aforesaid prohibition for issue of duplicate copy of freely transferable import licence as contained in paragraph 21 of the aforesaid handbook of procedure is wholly arbitrary and illegal. it is ..... not given any hearing and in any event although the order of cancellation can be passed under section 9(4) of the foreign trade (development and regulation) act, 1992, reasons for such cancellation are to be recorded. the respondents in their affidavit contended that the order of cancellation having been passed on the request of ..... that for grant of a fresh licence the petitioners have to make an application and the same will be considered by the respondents. the relevant provisions of the act, export and import policies and the handbook of procedure have been referred to for the purpose of showing in what manner an application is to be made. .....
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