Search Results for "Confiscation proceedings"

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Search Results for "Confiscation proceedings"

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Supreme Court

Supreme Court Allows State Appeal in Confiscation Case Under Bihar Special Courts Act, 2009, Reinstating Confiscation of Assets Despite Death of Accused Public Servant. Confiscation Proceedings Are Independent of Criminal Trial and Do Not Abate Upon Death, as Property Acquired Illegally Remains Subject to Confiscation Under Sections 13-15 of the Bihar Special Courts Act, 2009.

20 Mar 2026

The appeal arose from a judgment of the High Court which set aside confiscation proceedings against the respondent, following the death of her husband...

Supreme Court

Supreme Court Holds Customs Duty Payable on Redemption of Confiscated Goods Under Section 125 of Customs Act, 1962 — Interest Under Section 28AB Also Attracts. Redemption fine does not substitute duty; duty and interest are separate liabilities.

23 Jul 2024

The Supreme Court adjudicated two questions arising under the Customs Act, 1962: whether customs duty is payable when confiscated goods are redeemed a...

High Court

Bombay High Court Allows Writ Petition Challenging Illegal Disposal of Seized Gold Jewellery Without Notice and Before Confiscation Order. Customs Authorities Directed to Pay Current Market Value for 1028 Grams of Gold Disposed in Violation of Section 111 of Customs Act, 1962 and Article 300A of Constitution.

21 Dec 2023

The petitioners, Leyla Mohmoodi and Mojtaba Ebrahim Gholami, through their constituted attorney, filed a writ petition under Article 226 of the Consti...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in GST Detention Case — Confiscation Notice Under Section 130 Without Prior Adjudication Under Section 129 Held Invalid. The court held that proceedings under Section 130 of the CGST Act, 2017 cannot be initiated without first completing the adjudication process under Section 129 of the Act.

25 Sep 2023

The Revenue (Union of India and others) filed an intra-court appeal against the order of a learned Single Judge in W.P.No.100849/2022 dated 16.08.2022...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case on Unexplained Investment in Silver Bullion. Section 69A of Income Tax Act, 1961 Applicable Where Assessee Fails to Explain Source of Acquisition of Silver Found in Possession.

20 Sep 2022

The present appeals were filed by the Revenue against the judgment of the Rajasthan High Court which allowed the appeals of the assessee, Prakash Chan...

Supreme Court

Supreme Court Quashes Confiscation Order in M.P. Prohibition of Cow Slaughter Act Case After Acquittal. Confiscation of Vehicle Under Section 11(5) is Unjustified When Criminal Charges Are Not Proved, as the Act Lacks a Non-Obstante Clause Ousting Jurisdiction of Criminal Courts.

4 Mar 2022

The dispute arose from the confiscation of a truck under the M.P. Prohibition of Cow Slaughter Act, 2004, after the accused persons, including the tru...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Allows Appeal Against Confiscation of Truck Under UP Excise Act — Collector's Confiscation Power Not Exclusive When Criminal Trial Is Pending. Magistrate Retains Jurisdiction Over Seized Property Under CrPC When IPC Offences Are Also Involved.

20 Aug 2019

The appellant, owner of a truck seized for transporting 154 cartons of illicit liquor along with a country-made pistol and live cartridges, challenged...

High Court

High Court of Bombay at Nagpur Quashes Confiscation of Vehicles and Timber Under Indian Forest Act, 1927 — Lack of Mens Rea and Bona Fide Possession Established. The court held that confiscation under Section 61-A requires proof of intentional violation of the Act, and where the owner had a valid transit pass and permission, the confiscation order was unsustainable.

4 May 2019

The petitioners, Syed Burhan Syed Nabi, Sk. Kadir Sk. Vazir, and Mahendra Anil Madipal, filed a criminal writ petition under Article 226 of the Consti...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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