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High Court Quashes Criminal Proceedings Against Director in Legal Metrology Act Case Due to Lack of Specific Allegations. Vicarious Liability Not Established Under Section 49 of Legal Metrology Act, 2009

The judgment involved a criminal application filed by Applicant challenging proceedings under the Legal Metrology Act, 2009, for alleged packaging vio...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Legal Metrology Case — Lack of Vicarious Liability. Directors of Colgate Palmolive cannot be prosecuted under Section 36 of Legal Metrology Act, 2009 without specific averments of their role in the offence.

The petitioners, including directors and former directors of Colgate Palmolive (India) Limited, along with a proprietor and a distributor, filed a pet...

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Bombay High Court Allows Customs Appeals in DEPB Overvaluation Case — Finds No Evidence of Overvaluation or Fraud. Revenue's reliance on market enquiry and statements of third parties insufficient to prove that exported automobile parts were overvalued for DEPB benefits under Customs Act, 1962.

The appellant, M/s Advance Netways Marketing Pvt. Ltd., was an exporter of automobile parts such as door bidding, fuel pump fitting, front suspension ...

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Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

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Bombay High Court Allows Customs Broker to Operate Pending Enquiry in Suspension Case. Suspension order set aside for violation of natural justice as no hearing was given and no urgency reasons recorded under Regulation 20 of Customs Brokers Licensing Regulations, 2013.

The petitioner, GAC Shipping (India) Pvt. Ltd., a customs house broker licensed under the Customs Agents Licensing Regulations, 2004 (renewed under th...

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Bombay High Court Allows Release of Seized Vehicles and Goods in Octroi Dispute - Transporters Not Owners of Goods Entitled to Release Pending Adjudication. The Court held that transporters cannot be held liable for octroi and directed release upon furnishing security.

The petitioners, Vinod Vijaypal Sharma, Ramling Shivram Nirmale, and Abdulkalam Abduljabbar Pathan, are transporters who own vehicles used for transpo...

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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...