Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Court: kolkata Page 100 of about 1,497 results (0.055 seconds)

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

..... submitted that the affidavit disclosed in this proceedings would not show that any real challenge is thrown to the enforcement of the foreign award inasmuch as, according to the learned senior counsel, no application has been filed by the respondent taking objection to the ..... mr.bose has referred to the earlier act regarding enforcement of foreign award, namely foreign awards (recognition and enforcement) act, 1961 and submitted that the preamble of the present act would show that the legislature, after reviewing all the existing legislations on the subject, has passed a consolidated statute so that under one umbrella all these ..... counsel has also referred to section 49 which states that where the court is satisfied that the foreign award is enforceable under this chapter namely part ii, the award shall be deemed to be a ..... it is submitted that the preamble of the act coupled with the provisions mentioned in part ii of the said act would clearly show that on fulfillment of the conditions in part ii legislature wants to ensure due enforcement of foreign awards and the court should be inclined in favour of enforcement of ..... however, since the court is required to be satisfied about the maintainability of the petition, in view of section 47 of the said act, i feel, irrespective of filing an objection as to the maintainability of the said petition insofar as it relates to a legal submission touching on the validity and enforceability of the award, a party is entitled to raise such objection .....

Deokinandan Bagaria Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (1985)(21)ELT581Tri(Kol.)kata

..... and the same, therefore, could not be held to be smuggled goods and section 123 of the customs act, 1962 could not be applied to them.the learned adjudicating authority did not accept the contention of the appellant and held that section 123 of the customs act, 1962 requires furnishing of evidence by the person claiming the goods to prove that the same were legally imported ..... 1968 mysore 89 wherein the hon'ble high court had held that in a seizure under section 110 of the customs act, the belief that the goods proposed to be seized are liable to confiscation under the act, should be a subjective one and grounds of belief need not be disclosed and they are not subject to judicial ..... 1, 2, 3, 5(a), 6(b) and 6(c) of the search list are ornaments as per the definition of gold (control) act, 1968, which definition was adopted in the absence of any definition of the gold article and ornaments under the customs act, 1962 and the goods were seized under the gold (control) act and the customs act together.before an ornament can be called to be a gold ornament, it must be made or manufactured from gold whether ..... paper book which is order-in-original passed under the customs act and has also referred to order-in-original passed under the gold (control) act appearing at page 125 of the paper book.the learned advocate has stated that there is no evidence against the appellant on record and the revenue has not been able to establish that the seized goods are of indian origin or of foreign origin. .....

Jagmohan Jindal Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (1991)LC233Tri(Kol.)kata

..... by the customs authorities of calcutta the customs officers of varanasi division has no justification to seize these goods and in support of this contention he relied on the following decisions : he further contended that section 123 of customs act is not attracted in this case as the goods are not notified items and the department has not proved the smuggled character of the goods and confiscation is bad.it was his futher contention that at any ..... radio consisting to electronic bicycle horns also.however, simply because the said full description was not mentioned in the relevant documents of the foreign suppliers there is or there could be no question whatsoever for alleging that the said goods were different from the goods imported by the appellant under the ..... of learned additional collector, the appellant failed to correlate the confiscated goods with bill of entry and bill of ladings for two reasons (i) the description of the said goods as mentioned in the documents of the foreign suppliers was "plastic moulded components - plastic body of a.m. ..... we feel that when the foreign exporter has given a confirmation there is no reason for us to doubt the veracity of this confirmation and there is no reason as to why the exporter should give a false certificate to ..... his contention that the said goods were shipped by the foreign suppliers under their invoice no.m.n. ..... bill of entry also the description of the said goods was mentioned on the basis of the said documents of the foreign suppliers. .....

National Trading Ltd. Vs. Collector of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (1989)(21)LC106Tri(Kol.)kata

..... dolphin laboratories, calcutta against the collector of customs, calcutta, decided on 14th november 1986 is totally relied upon regarding the non-applicability of section 111(d) of the customs act, 1962 and also regarding imposition of fine and penalty under the customs act, 1962 while the entire judgment is emphatically relied upon, the following portions are quoted therefrom as the same are of extreme relevance: "merely because action against goods is ..... , why the department did not take any redeeming steps immediately (ii) how can the letter dated 29-6-82 be issued by the superintendent, land customs station, raxaul when it had received and acted upon the letters addressed by the appellants on 14-5-82 and 29-6-82 (iii) by the letter dated 29-6-82, the department categorically admits having seized the entire quantity of 207 bundles. ..... 3-cus/83 dated 3-2-1983, "the goods of the description seized are iron rods of foreign origin as is clearly borne out by the markings on the rods"; it will also appear from the ..... the border indian customs subsequently discovered a quantity of iron rods with foreign markings lying in a field and issued a notice to the appellants (& the carrier) and seized the quantity found and after seizing the same entrusted ..... appears that 7332 kg of deformed round steel bars of foreign origin were 'seized' as 'unclaimed' from the custody ..... we find that it relates to the so-called seizure of 6600 kg of iron rods of foreign origin from a field near duncun hospital.34. .....

M/S Shree Salasar Impex Vs. Commr. of Customs (Port), Kolkata

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(75)ECC372

..... he invites attention to para 4.13 of chapter 4 of the exim policy 1997-2000 according to which interpretation of the policy rests with the directorate general of foreign trade (dgft) and the dgft vide their letter dated 14.3.2000 addressed to shri a.k.raha, commissioner of customs, calcutta clarified that the impugned cassettes are suitable for with both the s-vhs/vhs type ..... as the appellants failed to submit import licence covering the said consignment, the impugned goods were confiscated with redemption fine of rs.7,50,000/- under section 111 (d) of the customs act, 1962 for itc violation and imposed a penalty of rs.1,00,000/- on the appellants under section 112 ibid vide order-in-original no.23/2000 dated 24.2.2000. ..... in respect of the interpretation of any provision contained in this policy, or regarding the classification of any item in the book titled "itc (hs) classifications of export & import items", the said question or doubt shall be referred to the directorate general of foreign trade whose decision thereon shall be final and binding". .....

Spaceage Multi Products (P) Ltd. Vs. Commissioner of Customs,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2002)(140)ELT167Tri(Kol.)kata

..... and as per the appellants they are making efforts to get back the said amount from their foreign collaborators.however, as rightly argued no duty of customs can be demand on the said amount of us $ 3,000.00 at the rate applicable to ups, when nothing has been imported by the appellant. ..... there is no provision under the customs act for realisation of customs duty on the accounts remitted to the foreign collaborators, in the absence of any imports made by the importers. ..... there is no dispute about the fact that the technical collaboration agreement entered into by the appellant with their foreign collaborators expired and the same was not extended. ..... on an appeal against the above order of the deputy commissioner was filed before commissioner of customs (appeals), who has rejected the same by observing that the foreign currency remitted out of india has to be accounted for. ..... the appellants had paid the first instalment of us $ 3,000.00 to their foreign collaborators. .....

Glory Research Association Vs. Commr. of Cus. (Airport)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2003)(87)ECC131

..... which are reproduced below :- (i) the goods are imported by an institution (including a registered co-operative society) for the blind and the deaf; (ii) the goods are bona fide gifts to or purchased out of donations received abroad in foreign exchange by such institute; (iii) where any such institution is scheduled to begin to function only after the importation of the said goods, the exemption shall not apply in respect of the goods imported by that institution, unless ..... a charitable organisation working for the blind and the deaf; that the goods imported by gra do not qualify as a bona fide gift; that the goods have not been purchased out of donations received abroad in foreign exchange; that there was mis-declaration with regard to the valuation of the imported goods and the importers have attempted to get the benefit of notification no. ..... commissioner of customs or deputy commissioner of customs may on sufficient cause being shown, allow in this behalf, from the date of importation of the goods; (iv) where the said goods have been purchased out of donations received abroad in foreign exchange the institution have been permitted to maintain an account abroad by the r.b.i. ..... gra nor has been purchased out of donations received abroad in foreign exchange by such institute. ..... as regards the charitable status of gra, the said appellants have produced certificate dated 27-10-99 under registration of societies (west bengal) act, 1965. .....

Smit International Singapore Vs. Commissioner of Customs (Port)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2001)(138)ELT366Tri(Kol.)kata

..... in the de novo adjudication proceedings that both the consumables on board the vessels and the mechanical grab were part of the ship stores within the meaning of section 2 (38) of the said act and thus exempt from payment of customs duty under section 86(1), it was incumbent upon the commissioner to hold that the duty realized from the appellant to the extent of rs. 45,61,732.65 ..... of the customs authorities in respect thereof in terms of the existing import-export policy and that hence there was violation of the rules, procedures and requirement under the said act by the appellant "even though their intent has not been suspect" refrained from confiscating the same and allowed re-exportation thereof upon a caution "to be careful in future" and ..... the said section 19 of the 1992 act, the central government framed the foreign trade (regulation) rules 1993 which inter alia, provides for grant of import license and conditions and other related matters thereto/ on 31 dec 93, the cent government, in exercise of powers conferred by section 3 read with section 4 of the 1992 act, framed the foreign trade (exemption from application of rules ..... and section 3(3) of the foreign trade (development and regulation ) act, 1993 and thus were allegedly liable for confiscation under section 111(d) of the act. ..... importable against only specific license which have not been obtained, were proposed to be liable for confiscation as per the provisions under foreign trade (development and regulation) act, 1993. .....

Braj Bihari Prasad Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... from birganj (nepal) and was being melted from blocks by sri brij bihari prasad who got imprinted his own markings over blocks to give them the look of indian silver from foreign silver.he also stated that as per his knowledge the silver was being smuggled from birganj, nepal and was being melted from blocks by sri braj bihari prasad who got imprinted his ..... each which are being smuggled into the country and also where silver bullion is found to bear foreign markings, the question of seizure may be considered even when the quantity is less than 100 ..... it is directed as follows : in order to prevent the possibility of undue harassment to law abiding persons possessing small quantities of silver bullion of indian origin, it has been decided that normally the provisions of section 123 of the customs act, 1962 should not be invoked against persons who are found to be in possessions of silver bullion of less than 100 kgs. ..... shri mahesh prasad also stated that the recovered silver was of foreign origin smuggled from nepal and foreign markings were obliterated by chiseling and melting and slabs were embossed with ..... , confiscation and penalty set aside - sections 111 and 112 of customs act, 1962.in present case, the total weight of the silver under seizure was less ..... also confiscated the maruti van bearing registration no.dac-1219 under section 115(2) of the customs act, 1962. ..... and maruti van used for transportation of the same were seized on reasonable plea under section 110(1) of the customs act. .....

Saraf Infra Projects Ltd. and Anr. Vs. The State of West Bengal and Or ...

Court : Kolkata

..... mr.mukherjee, the learned senior counsel for the petitioners.submitted that the effect of the absence of any declaration under section 3 of the works of defence act is that the central government does not require to impose any restriction on the enjoyment of the property of the petitioners.mr.mukherjee submitted that it is also obvious from the scheme of the constitution that a state legislature is only ..... writ petition the petitioners have inter alia prayed for a declaration that sections 628 and 629 of the kolkata municipal act, 1980 (the act, for short) are ultra vires the constitution of india, a writ in the nature of mandamus commanding the respondents authorities to desist from insisting on implementation of those provisions of the act, a writ in the nature of prohibition restraining the respondent no.4 from insisting on exercising its right under those two provisions of the ..... the petitioners have alleged that at no point of time the corporation or any authority mentioned the requirement of taking any other permission or referred to section 628 of the act which requires permission from the central government prior to the grant of sanction of any building plan in an area known as hastings in kolkata. ..... a holistic reading of sections 628 and 629 of the act does not raise any doubt that the state legislature did not transgress into the exclusive area of the union list or the legislation made by it in any way journeyed into a foreign field. .....