Search Results for "confiscation order"

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Search Results for "confiscation order"

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Supreme Court

Supreme Court Allows State Appeal in Confiscation Case Under Bihar Special Courts Act, 2009, Reinstating Confiscation of Assets Despite Death of Accused Public Servant. Confiscation Proceedings Are Independent of Criminal Trial and Do Not Abate Upon Death, as Property Acquired Illegally Remains Subject to Confiscation Under Sections 13-15 of the Bihar Special Courts Act, 2009.

20 Mar 2026

The appeal arose from a judgment of the High Court which set aside confiscation proceedings against the respondent, following the death of her husband...

High Court

High Court of Karnataka Allows Writ Petition Quashing Confiscation Order in Forest Offence Case — Petitioner Acquitted in Criminal Appeal, Confiscation Cannot Stand. Confiscation under Section 71A of Karnataka Forest Act, 1963 is dependent on conviction; acquittal in criminal appeal renders confiscation order unsustainable.

28 Apr 2025

The petitioner, Mr. Raviraja Rai M, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka a...

High Court

Bombay High Court Allows Revenue's Appeal in Customs Case on Redemption Fine and Penalty for Excess Goods Cleared Under Bond. The Court held that once confiscation of goods under Sections 111(l), (m) and (o) of the Customs Act, 1962 is upheld, imposition of redemption fine under Section 125 and penalty under Section 112(a) is mandatory and not discretionary.

18 Jul 2023

The appeal was filed by the Commissioner of Customs (Import) against the order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) dated ...

High Court

High Court of Bombay at Nagpur Quashes Confiscation of Vehicles and Timber Under Indian Forest Act, 1927 — Lack of Mens Rea and Bona Fide Possession Established. The court held that confiscation under Section 61-A requires proof of intentional violation of the Act, and where the owner had a valid transit pass and permission, the confiscation order was unsustainable.

4 May 2019

The petitioners, Syed Burhan Syed Nabi, Sk. Kadir Sk. Vazir, and Mahendra Anil Madipal, filed a criminal writ petition under Article 226 of the Consti...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

High Court

Bombay High Court Allows Transporter's Vehicle to Be Released on Payment of Fine Instead of Confiscation Under Essential Commodities Act. The Court Corrected the Collector's Order of Confiscation and Directed Release of the Tanker on Payment of Rs. 1,00,000/- Fine, Setting Aside the Appellate Authority's Confirmation.

3 Feb 2017

The petitioner, Deepak Kashinath Aher, is a transporter and owner of a truck-tanker bearing registration No. MH-18-AA-4548 used for transporting High ...

High Court

High Court of Judicature at Bombay Hears Customs Appeals on Domestic Clearance of Duty-Free Input Products Under Advance Authorizations. Core Issue Whether Tribunal Correctly Interpreted Foreign Trade Policy 2004-2009 Paras 4.1.3 and 4.1.5 to Permit Domestic Sales Before Export Obligation Fulfillment.

27 Oct 2016

The High Court of Judicature at Bombay heard a batch of 17 customs appeals filed by various companies and individuals against three Commissioners of C...

High Court

Bombay High Court Upholds Port Trust's Claim for Demurrage Prior to Confiscation Order: Suit Not Barred by Limitation. Right to Sue Accrues on Date of Confiscation Under Article 113, Limitation Act, 1963, and Not at Expiry of Free Days Despite Board's Powers Under Sections 61 and 62 of Major Port Trusts Act, 1963.

15 Dec 2006

This is a suit filed by the Board of Trustees of the Port of Bombay against an importer for recovery of port trust charges (wharfage and demurrage) ac...

High Court

Bombay High Court Allows Appeal in Customs Duty Recovery Case — Customs Authorities Cannot Recover Duty Dehors Sections 28 and 125 of Customs Act, 1962. Duty on Confiscated Goods Not Recoverable When Redemption Option Not Exercised.

15 Jun 2006

The Bombay High Court, in an appeal under Section 130 of the Customs Act, 1962, considered two substantial questions of law: whether customs authoriti...

High Court

Bombay High Court Allows Custody of Seized Truck in Excise Case — Modifies Onerous Condition of Bank Guarantee Under Section 457 CrPC. Truck Owner Not Required to Furnish Bank Guarantee for Full Value; Reasonable Conditions to Be Imposed.

21 Jun 2005

The applicant, Jilani Nasiruddin Gore, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order of ...

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