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Bombay High Court Directs FRRO to Issue Exit Permit to Acquitted Chinese National in Gold Smuggling Case — Customs Department's Opposition Held Unjustified. The court held that the mere intention to challenge an acquittal does not justify preventing an acquitted person from leaving the country.

The petitioner, a Chinese national, arrived in India on a flight from Beijing that was diverted to Mumbai due to bad weather. Upon arrival, customs of...

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Bombay High Court Quashes Standing Orders in Customs Valuation Dispute — Mandates Acceptance of Declared Transaction Value. Petitioner's imported goods detained on suspicion of undervaluation; court holds that without proper inquiry under Customs Act, 1962, rejection of transaction value is arbitrary.

The Petitioner, The Supreme Industries Ltd., a company in the plastics industry, imported goods and filed bills of entry declaring the transaction val...

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Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Statements of Co-Accused Not Supplied.

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

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Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act Due to Unexplained Delay in Deciding Representation. Violation of Article 22(5) of the Constitution of India renders detention order invalid.

The petitioner, father of the detenu Chirag D. Shah, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging a preven...

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Bombay High Court Partially Allows Challenge to SAFEMA Forfeiture Order — Agricultural Land Acquired Prior to Detention Exempt from Forfeiture. Property acquired before the 'illegal' period under Section 2(2)(b) of SAFEMA cannot be forfeited; appellate authority's order partly confirmed.

The petitioner, Ranchhodbhai Bhagwanbhai Tandel (since deceased, through his legal heir Naresh Ranchhodbhai Tandel), filed a criminal writ petition un...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Detention Charges Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Contractual terms and bill of lading conditions upheld; waiver claim rejected for lack of evidence.

The petitioners, Starlite Lighting Ltd., entered into a contract to purchase machines from Philip Lighting B.V., Netherlands, which were shipped in 13...