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Bombay High Court Allows Writ Petition for Release of Imported Container Without Payment of Full Rent and Demurrage for Re-export — Petitioner Not Liable for Charges After Customs Clearance Refusal Due to Misdeclaration

The petitioner, Sahaj Impex, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to ...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Allows Rebate Claims for Exported Cables in Central Excise Case — Emphasizes Substantive Compliance Over Procedural Technicalities. Revisional Authority Must Consider Merits, Not Merely Endorse Lower Authorities' Findings Under Rule 18 of Central Excise Rules, 2002.

The petitioner, UM Cables Limited, is a manufacturer of Polyethylene Insulated Jelly filled Copper Cables and Optical Fiber Cables, falling under tari...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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Karnataka High Court Delivers Order on Writ Petitions Challenging DGFT Policy Circulars on SEIS Eligibility and Show Cause Notices. The Court Addresses the Ultra Vires Nature of Circulars No. 06/2018 and 08/2018 under Foreign Trade Policy 2015-2020.

Two writ petitions were filed before the Karnataka High Court challenging the validity of Policy Circulars No. 06/2018 dated 22.05.2018 and No. 08/201...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

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Bombay High Court Dismisses Petitions Challenging CAT Order Quashing Seniority List. Seniority of Direct Recruit Inspectors Cannot Be Antedated Over Promotees Without Following DoPT OM and Recruitment Rules.

The case involves a challenge to the seniority list dated 07.12.2021 and paragraph 7(iii) of DoPT OM dated 13.08.2021 by promotee Inspectors (Examiner...

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High Court of Karnataka Grants Bail to Accused in NDPS and Customs Act Case — Petitioner Released on Bail with Conditions. Court Held That Petitioner Not Required for Custodial Interrogation and Recovery of Contraband Already Made.

The petitioner, Kelsi Katte Mahammed Shakir, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in conn...

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Bombay High Court Quashes Cancellation of Export Authorization Registration Certificates in Cotton Export Case — Violation of Natural Justice. Registration Certificates Cancelled Without Show Cause Notice or Hearing, Violating Principles of Natural Justice Under Foreign Trade Policy.

The petitioners, M/s. Euroflax Industries and Shri Anuj Mittal, were engaged in the export of raw cotton to Hong Kong and China. On 17 August 2010, th...

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Bombay High Court Allows Petition Against Forest Department Transit Fee on Imported Timber. Imported timber from foreign country is not 'forest produce' under Maharashtra Forest Rules, 1970, and no transit fee can be levied for its transportation from port to customs CFS.

The petitioner, Omprakash Nagoja, a sole proprietor of O.P.M. International, imported timber from a foreign country. The timber arrived at Jawaharlal ...