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Search Results for "confiscation"

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Supreme Court

Supreme Court Allows Appeal in Criminal Revision Challenging Vehicle Seizure Conditions - Quashes Non-Refundable Deposit Requirement as Lacking Statutory Basis. High Court's Condition Requiring Deposit of Rs. 1 Lakh in Chief Minister's Public Relief Fund Set Aside Under Sections 397(1) and 401 of Code of Criminal Procedure, 1973 as Arbitrary and Without Statutory Authority.

24 Jan 2022

The appeal arose from a judgment of a Single Judge of the High Court of Judicature at Madras dated 29 September 2021. The appellant had instituted a c...

Supreme Court

Supreme Court Dismisses Appeal of Importer in Customs Classification and Valuation Dispute — Head End Equipment Classified Under CTH 8543 8999 and Software/Service Charges Included in Assessable Value. The court upheld the Tribunal's finding that the imported goods constituted a complete functional unit and that the appellant's mis-declaration of classification and value justified penalties under Sections 112(a) and 114AA of the Customs Act, 1962.

27 Sep 2019

The Supreme Court dismissed the appeal filed by Indusind Media & Communications Ltd. against the order of the Customs Excise and Service Tax Appellate...

High Court

Bombay High Court Dismisses Customs Appeal by Patel Engineering Ltd in Import Misdeclaration Case. Confiscation of Goods and Penalty Upheld for Violation of Sections 111(d) and (m) of Customs Act, 1962.

30 Jun 2014

The appellant, Patel Engineering Ltd, filed a Customs Appeal under Section 130 of the Customs Act, 1962, challenging the concurrent findings of the Ad...

High Court

Bombay High Court Quashes Caste Certificate and Validity Granted to Respondent in Scheduled Tribe Reservation Case — Fresh Application After Invalidated Claim Not Permissible. The court held that the earlier invalidation order by the scrutiny committee in 1994 was final and could not be re-agitated by a fresh application, quashing the subsequent certificate and validity.

6 Mar 2012

The writ petition was filed by Shivaji Kabade challenging the caste certificate and validity granted to respondent no.6, Sunil Telang, who claimed to ...

High Court

Bombay High Court Dismisses Petition Challenging Detention Under COFEPOSA Act for Smuggling of High Speed Diesel. Non-Supply of Bail Order Held Not Fatal to Detention Order as Detenu Was Aware of It.

16 Jun 2010

The petitioner, brother of the detenu Samad Ismail Deshmukh, filed a writ of habeas corpus under Article 226 of the Constitution challenging the deten...

High Court

Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

11 Jun 2010

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

High Court

Bombay High Court Allows Petition for Cancellation of Bank Guarantee Kept Alive for 21 Years in Edible Oils Confiscation Case — Unreasonable Delay and Failure to Prosecute Justify Release of Security. The court held that keeping a bank guarantee alive for over two decades without any progress in the criminal case is unreasonable and warrants interference under Article 226 and Section 482 Cr.P.C.

5 Oct 2006

The petitioner, Kanji Kalyanji & Co., a firm, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Cod...

High Court

Bombay High Court Dismisses Non-Tribal Purchaser's Challenge to Land Confiscation Under Maharashtra Land Revenue Code. Transfer of tribal land without prior sanction is void, and subsequent purchaser acquires no title, upholding forfeiture for distribution to tribals.

19 Jan 2006

The petitioner, Smt. Urmila Ahuja, a non-tribal, purchased land measuring 6.90 acres in Village Khapri, Tahsil Kalmeshwar, District Nagpur, on 10.12.1...

High Court

Bombay High Court Reduces Customs Penalty for Signing Documents in Good Faith — Section 112(a) Customs Act, 1962. Petitioner's limited role and lack of knowledge of illegal importation warranted reduction of penalty from Rs.7.5 lakhs to Rs.1 lakh.

17 Feb 2005

The petitioner, Ashok Chhabildas, a sole proprietor of M/s A.V. Impex, challenged the order of CEGAT dated 19/1/2001 which confirmed the order-in-orig...

High Court

Bombay High Court Dismisses Petition Challenging Confiscation of Almond Seeds Imported Without Valid Licence. Import of almond seeds under REP licence for 'seeds' held invalid as almonds are not seeds for import purposes under Customs Act.

17 Feb 2005

The petitioner, M/s. M.B. Impex, a sole proprietorship concern, imported a consignment of almond seeds (Non Pareil variety) from California, USA in Fe...

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