Search Results for "Export Fraud"

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...

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Bombay High Court Dismisses Customs Appeal Against CESTAT Order Setting Aside Penalty and Confiscation. Import of Vessels for Offshore Exploration Not Liable to Penalty Under Customs Act for Alleged Misdeclaration of Value.

The Commissioner of Customs (Imports), Mumbai, filed an appeal under Section 130(1) of the Customs Act, 1962 against a common order dated 14th August ...

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High Court Remands Rebate Claim to Revisional Authority in Central Excise Case Due to Erroneous Assumption. Revisional Authority Allowed Rebate Despite Allegations of Fraudulent Cenvat Credit by Manufacturer.

The Union of India filed a writ petition under Article 226 of the Constitution challenging an order dated 9 February 2010 passed by the Revisional Aut...

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Bombay High Court Examines Jurisdiction of Customs Settlement Commission Under Sections 127A and 127B of the Customs Act, 1962 in Ten Writ Petitions. Whether Settlement Commission’s Authority Extends Beyond Short Levy Due to Misclassification to Cases Involving Fraud Is the Central Question.

The High Court of Judicature at Bombay heard ten writ petitions together, all involving a common legal question concerning the jurisdiction of the Set...

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High Court Quashes Prosecution Against Accused in Customs Act Case for Non-Compliance with Section 138(b) of Customs Act, 1962 — Delay in Filing Complaint Not Explained. Complaint Filed Beyond One-Year Limitation Period Without Any Extension or Explanation, Hence Liable to Be Quashed.

The petitioner, Imtiaz Ahmed, was arraigned as Accused No.2 in CC No.210/2014 pending before the Principal Sessions Judge (Special Judge), Dakshina Ka...

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Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....

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Bombay High Court Quashes FIR Against Returning Officer in Election Forgery Case. Lack of Prima Facie Case Under Sections 464, 465, 468, 470, 471, 472, 473 IPC Read with 34 IPC Leads to Quashing of Criminal Proceedings.

The applicant, Fulsing Bhaulal Bahure, was the Assistant Registrar of Co-operative Societies, Vaijapur, and was appointed as Returning Officer for the...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...