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Bombay High Court Allows Release of Imported Goods in Trademark Dispute, Directs Customs to Not Withhold Clearance Based on Pending Civil Suit. Customs Authorities Cannot Refuse Clearance Solely Due to Private Trademark Dispute; Remedy Lies in Civil Court Under Trade Marks Act, 1999.

The petitioners, UPS Sales and Suzhou Dake Machinery Company Ltd., imported goods under Bill of Lading No. EXSH2310608. The customs authorities (respo...

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Bombay High Court Disposes of Writ Petitions Challenging Customs Restriction on Import of Colour Picture Tubes and Video Tape Deck Mechanisms. Court Examines Whether Public Notice No. 109/89 Dated 21 March 1989 Renders Imports Under Pre-Issued Additional Licences Invalid.

The petitioners, manufacturers of colour televisions, imported Video Tape Deck Mechanism (VTDM) and Colour Picture Tubes (CPTs) against additional lic...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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High Court of Karnataka Delivers Judgment in Appeal Against Dismissal of Suit for Recovery of Money Alleging Bank's Unauthorized Issuance of Demand Drafts from Cheque Mandate. The Appeal Involves Issues of Bank's Liability for Acting Contrary to Instructions Under Sections of Customs Act, 1962 and CPC.

The plaintiff, a registered company engaged in manufacturing television and monitor components, imported goods and stored them in a bonded warehouse. ...

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Bombay High Court Allows Import of Peas Under Restricted Category Based on Pre-Notification Contracts. Petitioners' goods cleared as contracts entered prior to amendment notification dated 29.03.2019 under Section 3 of Foreign Trade (Development and Regulation) Act, 1992.

The petitioners, M/s. Harihar Collections and M/s. Raj Grow Impex LLP, are engaged in the import and export of agricultural commodities. They imported...

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Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

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Bombay High Court Allows Customs Duty Refund for Re-imported Goods Under Section 26(1)(b) of Customs Act, 1962 — Re-importation Within One Year of Export Qualifies for Refund Despite Procedural Lapses

The petitioner, Covestro India Private Limited, exported certain goods for exhibition purposes and subsequently re-imported them. The petitioner paid ...

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Bombay High Court Allows Customs Appeal Against CESTAT Order for Provisional Release of Seized iPhones. Ownership Dispute Precludes Release Under Section 110A of Customs Act, 1962.

The Commissioner of Customs (Import), Mumbai, appealed against an order dated 23 June 2022 passed by the Customs, Excise and Service Tax Appellate Tri...