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Bombay High Court Quashes Show Cause Notice in Customs Act Case Due to Inordinate and Unexplained Delay of 15 Years. Transfer to Call Book Without Intimation Violates Section 28(9) of Customs Act, 1962.

The petitioner, Paresh H. Mehta, a sole proprietor of M/s. P. H. Mehta and Co., challenged a show cause notice dated 16 May 2008 issued under Section ...

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Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory.

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Deputy Nautical Advisor — Transfer Held to Be Administrative Decision Not Subject to Judicial Review Unless Mala Fide or Violative of Service Rules.

The petitioner, Captain Vipin Das Baijal, was working as Deputy Nautical Advisor in the Marine Mercantile Department, Mumbai. He was transferred from ...

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Bombay High Court Dismisses Suit by Port Trust for Recovery of Port Charges Due to Failure to Prove Auction Sale Date. Claim for Rs.1,14,057 Barred by Limitation as Evidence of Sale on 14th September 1981 was Inconsistent and Not Supported by Notice.

The Board of Trustees of the Port of Bombay, constituted under the Major Port Trusts Act, 1963, filed a suit for recovery of Rs.1,14,057.24 with inter...

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Bombay High Court Determines Liability for Removal of Sunken Barge Wreck Under Section 14 of Indian Ports Act, 1908. Supreme Court Had Earlier Remanded the Matter for Deciding Pure Question of Law Regarding Whom Liability Falls Upon for Clearing the Wreckage.

The case involved a writ petition filed by JSW Steel Limited (formerly ISPAT Industries Limited) challenging the suspension of its permission to use M...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court hears appeal against CESTAT order upholding duty demand and confiscation of diamonds due to shortage and non-compliance with export obligations — substantial questions raised on interpretation of Notification No. 177/94-Cus and para 8.78B of Handbook of Procedures.

The appellant, a partnership firm engaged in manufacturing and exporting gold jewellery studded with diamonds at its unit in the Santacruz Electronics...

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High Court of Bombay Considers Challenge by CFS Operators to Customs Public Notices. Petition Under Article 226 Seeks Quashing of Notices Allegedly Imposing Unlawful Restrictions on Container Freight Stations.

The petitioners, comprising thirteen Container Freight Station (CFS) operators and thirteen individual directors, filed a writ petition under Article ...

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Bombay High Court Dismisses Petition Seeking Enforcement of Customs Facility Notice Against Shipping Lines. No Statutory Duty Imposed on Customs to Prosecute Shipping Lines for Non-Compliance with Facility Notice No.69 of 2011.

The petitioners, J.J. Polyplast Private Ltd, Aishwarya Plast Exports Private Ltd, and Mr. Sanjesh Jain, are importers dealing in plastic raw materials...