Court : Chennai
Decided on : Feb-05-1997
Reported in : 1997(96)ELT526(Mad); (1998)IMLJ581
..... date. in the light of the above, declaration under section 46(4) of the customs act (hereinafter referred to as 'the act') which purported to show that the goods were shipped within the validity period of the o.g.l., the goods were allowed clearance by the proper officer under section 47 of the act under the authority of the above ..... and after issue of show cause notice, it was held that the bill of lading could not possibly have borne a genuine date prior to 24-12-1978 since the ship which carried the said cargo called at the loading port of kelang only on 24-12-1978 and concluded that the importer had arranged to have the bill of lading .....
Tag this Judgment!Court : Chennai
Decided on : Feb-05-1997
Reported in : (1998)1MLJ581
..... date. in the light of the above, declaration under section 46(4) of the customs act (hereinafter referred to as 'the act') which purported to show that the goods were shipped within the validity period of the o.g.l., the goods were allowed clearance by the proper officer under section 47 of the act under the authority of the above ..... applicant and after issue of showcause notice, it was held that the bill of lading could not possibly have borne a genuine date prior to 24.12.1978 since the ship which carried the said cargo called at the loading port of kelang only on 24.12.1978 and concluded that the importer had arranged to have the bill of lading .....
Tag this Judgment!Court : Chennai
Decided on : Jun-12-1997
Reported in : 1999ACJ136; 1997(3)CTC168; (1998)IMLJ609
..... indemnify the insured. the other contention is that the learned judge has committed an error in coming to the conclusion that the injured and the deceased passengers were travelling in the lorry along with their merchandise and as such, they were not covered under the terms and conditions of the policy covering the ..... the virudhunagar kallakurichi road, an accident took place in which some persons lost their lives and others sustained injuries. the legal representatives of the deceased passengers who travelled in the lorry claimed various amount as compensation stating that the lorry involved in the accident was driven rashly and negligently by its driver ..... purpose of the policy. further their lordships observed thus:-'the national commission went for the strict construction of the exclusion clause. the reasoning that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any .....
Tag this Judgment!Court : Chennai
Decided on : Jun-12-1997
Reported in : (1998)1MLJ609
..... indemnify the insured. the other contention is that the learned judge has committed an error in coming to the conclusion that the injured and the deceased passengers were travelling in the lorry along with their merchandise and as such, they were not covered under the terms and conditions of the policy covering the ..... on the virudhunagar kallakurichi road, an accident took place in which some persons lost their lives and other sustained injuries. the legal representatives of the deceased passengers who travelled in the lorry claimed various amounts as compensation stating that the lorry involved in the accident was driven rashly and negligently by its driver ..... purpose of the policy. further their lordships observed thus:the national commission went for the strict construction of the exclusion clause. the reasoning that the extra passengers being carried in the goods vehicle could not have contributed, in any manner, to the occurring of the accident, was barely noticed and rejected sans any .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1997
Reported in : (1998)1MLJ327
..... termination order passed by the management.33. state of rajasthan v. d.r. laxmi : (1996)6scc445 is also relied on for the above proposition. the said decision arise under land acquisition act. it is not explained how the said principle is applicable to our case.34. in addition to the above decisions some of the passages in 'interpretation of statutes' by ..... order of the employer violating section 33(1) and (2) oft he act does not vitiate the ultimate order passed by them. in this regard, as observed by their lord-ships' in rubber house v. e.n. industries pvt. ltd. : [1989]1scr986 the provisions of the act can be interpreted as directory instead of mandatory depending upon the purpose which the .....
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