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Search Results for "confiscation"

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High Court

Gujarat High Court Allows State's Revision, Restores Confiscation of Kerosene Under Essential Commodities Act. Appellate Court Cannot Substitute Its Own Satisfaction for That of Confiscating Authority Under Section 6A of Essential Commodities Act, 1955.

23 Mar 2026

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challengin...

High Court

Gujarat High Court Quashes Confiscation Show-Cause Notice in GST Case for Lack of Jurisdiction and Absence of Mens Rea. Goods in Transit Intercepted at Wrong Destination; E-Way Bill Held Valid Under Section 130 of Gujarat Goods and Services Tax Act, 2017.

9 Mar 2026

The petitioner, a proprietary concern registered under the Gujarat Goods and Services Tax Act, 2017, but assessed under Delhi GST authorities, receive...

High Court

Madras High Court Dismisses Appeals of Gold Smuggling Accused in Customs Act Case — Confirms Tribunal's Finding of Involvement in Smuggling Conspiracy Based on Documentary Evidence and Circumstantial Links. The court held that the presence of incriminating documents and the modus operandi of using eligible passengers to smuggle gold jewellery established the appellants' involvement in the smuggling network under the Customs Act, 1962.

10 Jan 2025

The case involves 16 Civil Miscellaneous Appeals filed under Section 130(1) of the Customs Act, 1962, challenging a common order dated 24.12.2009 of t...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

28 May 2024

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

High Court

Bombay High Court Holds Writ Petition Maintainable Against Sessions Judge's Order Under Indian Forest Act, 1927 Despite Finality Clause. Finality Clause Under Section 61G Does Not Bar Constitutional Remedy Under Article 226 of the Constitution of India.

9 Jan 2018

The petitioner, Forest Development Corporation of Maharashtra Limited (FDCM), filed a criminal writ petition challenging an order dated 01/08/2017 pas...

High Court

Bombay High Court Quashes FIRs Under Essential Commodities Act for Non-Essential Commodities. Wheat and Rice Seized by Rationing Authorities Held Not Covered Under Essential Commodities Act, 1955 or Control Orders.

8 Aug 2013

The petitioners, including M/s. Ace International, Pankaj Pranjibhai Thakkar, and M/s. Metro International, filed three writ petitions challenging the...

High Court

Bombay High Court Allows Customs Appeals in Confiscation of Pay Orders — Genuine Foreign Exchange Transactions Not Sale Proceeds of Smuggled Goods. Pay orders received by FFMC for sale of foreign exchange in genuine transactions cannot be confiscated under Section 121 of the Customs Act, 1962 merely because the purchaser's bank account contained proceeds of smuggling.

30 Mar 2012

The appellant, Weizmann Limited, a Full Fledged Money Changer (FFMC), sold foreign exchange to various purchasers and received pay orders from banks. ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

13 Jun 2005

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

Supreme Court

Supreme Court Dismisses Appeal Against Confiscation of Smuggled Silver Due to Unexplained Delay and Availability of Alternative Remedy. Writ jurisdiction cannot be invoked to bypass statutory appeal remedy under Section 130 of the Customs Act, 1962, especially when there is inordinate delay of over two years.

30 Nov -0001

The appellant, Rikhab Chand Jain, filed a civil appeal by special leave against the judgment of the Rajasthan High Court (Jaipur Bench) dated 14th Mar...

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