Search Results for "Gold Control Act"

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Bombay High Court Dismisses Heirs' Challenge to Gold Seizure and Penalty Under Gold (Control) Act, 1968 — Upholds Tribunal's Finding of Possession of Primary Gold Without Permit. Burden of Proof on Possessor Not Discharged; Penalty of Rs. 5,000 Upheld as Within Statutory Limits.

The petitioners, heirs of late Ramratan Shrivallabh Chandak, filed a writ petition challenging an order dated 28th February 1986 passed by the Customs...

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Bombay High Court Allows Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Supreme Court Orders Rs. 25 Lakh Compensation in Matrimonial Misappropriation Case. Upholding a woman’s right to her stridhan, the Supreme Court reverses a Kerala High Court ruling, ordering compensation for misappropriation of gold.

The Supreme Court addressed the issue of misappropriation of stridhan (gold jewellery) in a matrimonial dispute. The appellant, Maya Gopinathan, alleg...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Bombay High Court Allows Loss Deduction for Confiscated Foreign Currency in Income Tax Reference. Foreign currency confiscated by customs authorities under FERA held allowable as business loss under Income Tax Act, 1961, even though treated as undisclosed income.

The case involves an income tax reference by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1982-83...

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Acquittal Upheld in Contraband Gold Case. Procedural and evidentiary gaps lead to dismissal of the appeal against acquittal.

The Bombay High Court upheld the acquittal of Smt. Ameenabi, accused of possessing contraband gold under the Customs Act, 1962, and the Gold (Control)...