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Search Results for "confiscation"

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High Court

High Court Quashes GST Seizure Orders and Directs Release of Cash with Interest in Writ Petition. Seizure of INR 1 Crore Held Illegal as Cash Not Covered Under Section 67(2) of Central Goods and Services Tax Act, 2017 Due to Lack of 'Reasons to Believe' and Procedural Non-Compliance.

10 Mar 2026

The dispute arose from a writ petition filed by Petitioner, a proprietor registered under the GST Act, challenging two seizure orders dated 27th and 2...

Tribunals

NCLAT Allows Appeal by Central Transmission Utility of India Ltd. Against NCLT Order Restraining Termination of Transmission Service Agreement During CIRP. The Appellate Tribunal held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not bar termination of a contract for pre-CIRP defaults by the corporate debtor, and that the Resolution Professional cannot compel performance of a contract that has been validly terminated prior to the moratorium.

30 Jun 2021

The appeal was filed by Central Transmission Utility of India Ltd. (CTUIL) against an order of the National Company Law Tribunal (NCLT), Hyderabad, da...

Supreme Court

Supreme Court Dismisses Union of India's Appeals in Import Dispute — Quasi-Judicial Order Under Repealed Act Not Saved. The Court held that a quasi-judicial order under the Imports (Control) Order, 1986 cannot be saved under Section 20 of the Foreign Trade (Development and Regulation) Act, 1992 as it is repugnant to the liberalized import regime.

21 Aug 2019

The case involves appeals by the Union of India against a High Court decision that quashed show cause notices issued to the respondents based on an or...

Supreme Court

Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

9 Aug 2019

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

High Court

Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

20 Jun 2014

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Forest Offence Case — Prosecution Fails to Prove Illicit Felling Beyond Reasonable Doubt. Confessional Statements and Seizure Panchanama Found Insufficient to Sustain Conviction Under Section 26(i)(d),(f),(g) of Indian Forest Act, 1927.

6 Jul 2012

The State of Maharashtra appealed against the judgment and order dated 31/07/2000 passed by the Judicial Magistrate, First Class, Katol in Summary Cas...

High Court

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.

27 Feb 2012

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

High Court

Bombay High Court Dismisses Petition Challenging Notification Importing Customs Recovery Provisions for Excise Duty Interest. Section 12 of Central Excise Act, 1944 Validly Empowers Application of Customs Act Recovery Mechanisms for Interest on Delayed Payment of Excise Duty.

3 Mar 2006

The petitioner, Krishnakant Sakharam Ghag, a partner of M/s Amit Textile Processors, filed a writ petition in the Bombay High Court challenging the va...

High Court

Bombay High Court Allows Petition Against Confiscation of Poppy Seeds Imported Under REP Licence — Seeds/Bulbs/Mother Plant Germ Plasm Entry Includes Poppy Seeds. The court held that the term 'Seeds' in the licence is broad enough to include poppy seeds, and the department failed to prove otherwise, setting aside confiscation and penalty under Sections 111(d) and 112 of the Customs Act, 1962.

18 Nov 2005

The petitioner, M/s. Bombay Pharma Products, a partnership firm, imported poppy seeds under a Replenishment (REP) licence originally issued to Rabbani...

High Court

Bombay High Court Dismisses Union of India's Petition in Customs Seizure Case — Burden of Proof Under Section 123 of Customs Act, 1962 Not Discharged. The Court held that the Department failed to prove that seized ball bearings were smuggled goods, as the goods were not notified under Section 123 and no evidence of smuggling was adduced.

16 Nov 2005

The Union of India filed a writ petition challenging an order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dated May 25, 2001,...

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