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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: delhi Year: 1968 Page 1 of about 69 results (0.049 seconds)

May 17 1968 (HC)

Mohd. Iqbal Vs. Superintendent, Central Jail, Tehar, New Delhi and ors ...

Court : Delhi

Decided on : May-17-1968

Reported in : AIR1969Delhi45; 1969CriLJ186

..... rs. 5,000/- and be remanded to judicial custody.3. there is another application, dated 31st may, 1965, by the petitioner in the case a. c. customs v. mohd. iqbal, under section 104/135, customs act, 1962, against him, inter alias stating--'in the above-noted case my personal bond may be cancelled as i do nto want to remain on bail any more ..... of the respondents, however, 'the bail order still remains in force'. even in ground no. 5 of the grounds of detention it is said 'that you were arrested under the customs act and granted bail,' the petitioner nto having placed sufficient materials before us on this aspect, i would proceed on the assumption that the bail order is in force. in the ..... remained in jail since 18th october, 1964, and having failed in various attempts to secure his release or even his conviction in the case pending under section 135 of the customs act the petitioner filed the present petition challenging the order of detention dated 9th january, 1968, under clause (b) of sub-section (1) of section 3 of the preventive detention ..... within about three months.'khanna j. dismissed the petition with the above observations and a complaint was filed against the petitioner under section 135 of the customs act, s. 23(1)(a) of the foreign exchange regulation act and section 120b, indian penal code, which is pending and in which there are in all 43 persons accused. it is pertinent to point out .....

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Oct 14 1968 (HC)

Union of India and ors. Vs. Khalil Kacherim

Court : Delhi

Decided on : Oct-14-1968

Reported in : 1970CriLJ417; 1983(13)ELT941(Del); ILR1968Delhi505

..... were imported for commercial purposes so as to attract the provisions of sections 111 and 110 of the customs act, 1962 and the tourist baggage rules, 1958. import has been defined in the customs act as bringing into india from a place outside india and upon this definition the contention of the appellants ..... tourist baggage rules, 1958 which were framed in exercise of powers conferred by section 75 of the sea customs act, 1878 and which, it is nto disputed, are applicable in respect of the customs act, 1962. clause 3(1) of these rules provides that the personal effects imported by a tourist shall be allowed ..... export on 14/8/1967 vide d. r. no. 1372/88 are liable for confiscation under the customs act, 1962 (no. 52 of 1962), the diamonds are accordingly seized under section 110 of the same act.' a demand for return of the diamonds was made on 30/8/1967 and since it was nto ..... detention receipt aforesaid was issued to the respondent under section 80 of 'the customs act, 1962 after the respondent had made the declaration contemplated by section 77 of the said act. these two sections appear in chapter xi of this act which contains special provisions regarding baggage, goods imported or exported by post, and ..... to have been imported or brought into the country. that this is the meaning to be attached to the word 'import' as used in the customs act is also clear from the explanationn to clause (3) of the tourist baggage rules which excludes only such merchandise from the term 'personal effects' .....

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Mar 22 1968 (HC)

Balwant Singh and ors. Vs. R.D. Sharma, Director of Inspection Income ...

Court : Delhi

Decided on : Mar-22-1968

Reported in : AIR1969Delhi91; ILR1968Delhi193

..... , did nto exist in section 132. again, in r. s. seth gopikisan agarwal v. r. n. sen, assistant collector of customs and central excise, raipur and tohers(12) their lordships of the supreme court held that section 105 of the customs act, 1962, did nto violate article 14 of the constitution and observed:- the legislative policy reflected in the section is that the search ..... must be in regard to the two categories mentioned therein, namely, goods liable to be confiscated and documents relevant to a proceeding under the act. no doubt the power can be abused ..... of documents or things which may be useful or necessary for proceedings either pending or contemplated under the customs act. at that stage it is nto possible for the officer to predict or even to know in advance what documents could be found in the search and which of them ..... exercise unless the authorisation specifies a document for which search is to be made. in toher words, it is contended that the power of search under section 105 of the customs act is nto of general character. we do nto accept this argument as correct. the object of grant of power under section 105 is nto search for a particular document but .....

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Mar 12 1968 (HC)

K.P. Shankara, Official Liquidator Peoples' Insurance Company Ltd. Vs. ...

Court : Delhi

Decided on : Mar-12-1968

Reported in : ILR1968Delhi225

..... , did nto exist in section 132. again, in r. s. seth gopikisan agarwal v. r. n. sen, assistant collector of customs and central excise, raipur and tohers(12) their lordships of the supreme court held that section 105 of the customs act, 1962, did nto violate article 14 of the constitution and observed:- the legislative policy reflected in the section is that the search ..... must be in regard to the two categories mentioned therein, namely, goods liable to be confiscated and documents relevant to a proceeding under the act. no doubt the power can be abused ..... of documents or things which may be useful or necessary for proceedings either pending or contemplated under the customs act. at that stage it is nto possible for the officer to predict or even to know in advance what documents could be found in the search and which of them ..... exercise unless the authorisation specifies a document for which search is to be made. in toher words, it is contended that the power of search under section 105 of the customs act is nto of general character. we do nto accept this argument as correct. the object of grant of power under section 105 is nto search for a particular document but .....

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Mar 22 1968 (HC)

Balwant Singh and Tohers Vs. R. D. Shah, Director of Inspection, Incom ...

Court : Delhi

Decided on : Mar-22-1968

Reported in : [1969]71ITR550(Delhi)

..... section 41, did nto exist in section 132. again, in r. s. seth gopikishn agarwal v. r. n. sen, assistant collector of customs and central excise, raipur, their lordships of the supreme court held that section 105 of the customs act, 1962, did nto violate article 14 of the constitution and observed :&quto;the legislative policy reflected n the section s that the search ..... must be in regard to the two categories mentioned therein, namely, goods liable to be confiscated and documents relevant to a proceeding under the act. no doubt the power can be abused ..... of documents or things which may be useful or necessary for proceedings either pending or contemplated under the customs act. at that stage it is nto possible for the officer to predict or even to know in advance what documents could be found in the search and which of them ..... exercised unless the authorisation specifies a document for which search is to be made. in toher words, it is contended that the power of search under section 105 of the customs act is nto of general character. we do nto accept this argument as correct. the object of grant of power under section 105 is nto search for a particular document but .....

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Jul 30 1968 (HC)

Deb Kanta Roy Vs. E.S. Krishnamurty, Member Central Board of Revenue a ...

Court : Delhi

Decided on : Jul-30-1968

Reported in : 4(1968)DLT693

..... of the same he imposed a personal penalty of rs. 14,000.00 on the importer (petitioner) under section 167(8), sea customs act, for contravention of section 10 of the drugs act, 1940, read with section 18 of the sea customs act. the said penalty was directed to be deposited forthwith. (16) against that order, the petitioner filed an appeal before the central board ..... they were found on examination nto to be properly labelled, that the importation of drugs with such defects was prohibited under section 10 of the drugs act, 1940, read with section 18 of the sea customs act, 1878. that the goods which wire thus liable for confiscation were, however, released on the petitioner executing guarantees undertaking to remedy the defects prior to sale ..... ?ed an order (annexure j) staling that importation of the drag in question without proper table was prohibited under section 10 of the drugs act, 1940, read with section 18 of the sea customs act, 1878,and the goods were liable to be confiscated, that the goods were, however released on execution of a guarantee by the petitioner under taking to fulfill the ..... raised in the writ petition, and even toherwise, there is no substance in the same. section 3(c) of the sea customs act, 1878, defines 'castoms collector' as including 'every officer of customs turn the time being in separate charge of a custom house or duly authorised to perform all, or any special, duties of an officer so in-charge.' section 6 of the .....

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Oct 28 1968 (HC)

Daljit Singh Harnam Singh Vs. K.P. Hati, Asst. Collector of Customs, N ...

Court : Delhi

Decided on : Oct-28-1968

Reported in : AIR1969Delhi263; 1969CriLJ1127

..... v. daljit singh) pending in the court of shri madan jha, sub-divisional magistrate, new delhi. the case mentioned above arises out of a complaint under section. 135 of the customs act, and according to the averments in the transfer application which are relevant for our present purpose, on 4-9-1968, the applicant along with his counsel appeared in the court ..... cross-examination. the learned magistrate has denied that he showed any haste in examining the other witnesses on 6-9-1968. according to him, a direction was given to the customs authorities to bring their remaining witnesses on 9-9-1968 because the learned magistrate was anxious nto to delay this case any longer. the story about the telephone having been ..... p.m., the learned magistrate came back and the case was called. the counsel for the complainant requested for adjournment on the ground that it was nto convenient for the customs authorities to deposit the case property after 4.30 p. m. in their malkhana. on this oral request, the case was adjourned to 6-9-1968. the counsel for the ..... p. m. the accused was present with his counsel and the prosecutor requested for adjournment because the case property was to be deposited in the customs malkhana. according to the learned magistrate, such deposit in the customs malkhana is almost invariably to be made by 4.30 p.m. this request for adjournment was nto opposed by the defense counsel and the .....

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May 06 1968 (HC)

Balak Ram Vs. Kanehya

Court : Delhi

Decided on : May-06-1968

Reported in : 4(1968)DLT384

..... the civil courts have jurisdiction to examine into cases where the provisions of the act have nto been complied with or the statutory tribunal has nto acted in conformity with the fundamental principles of judicial procedare. while considering the question whether section 188 of the sea customs act excluded the jurisdiction of the civil courts, it was clarified that the determination of ..... revisions have been posted turn disposal before us. to answer the two questions contained in the referring order, we have to turn to the scheme of the abolition act. the abolition act was brought on the statute book to provide for the abolition of big landed estates and to reform the law relating to tenancies in the himachal pradesh. it ..... non compliance with such fundamental provision of the statute as would make the entire proceedings before the appropriate authority illegal and without jurisdiction- similarly, if an appropriate authority has acted in violation of the fundamental principles or judicial procedure, that may also tend to make the proceedings illegal and void and this infirmity may effect the validity of the ..... proprietary rights by tenants, this chapter consists of sections 9 to 27. section 9 provides for the appointment of compensation officers to carry oat the purposes of the abolition act, including partitions, operations in holdings, assessment of compensation and settlement of disputes between the land. owners and their tenants such officer is to be guided by such instructions, .....

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Mar 01 1968 (HC)

Siya Ram Sharma Vs. Director General, Supplies and Disposalsand ors.

Court : Delhi

Decided on : Mar-01-1968

Reported in : 6(1970)DLT2

..... which would vitiate the action taken against. it is no doubt true that orders couched in more or less similar language when made under the sea customs act or under the mineral concession rules (1960) were held to be had but as i have already stated the cases relating to dismissal or removal ..... that case was applied to the orders made by the central board of revenue and the central government under the sea customs act read with section 3 of the imports and exports (control) act, 1947.(29) it is nto for the first time now that the question as to how far the administrative tribunals ..... was appointed examiner of stores (engineering) in the office of the director general, new delhi and was posted at kanpur with effect from 5/1/1962. on 4/6/1965 he reported for duty at new delhi as a result of his transfer and started living with his wife's brtoher shri ..... contesting parties when there was a list between them. while dealing with the necessity of a speaking order it was observed : 'if the central government acts as a tribunal exercising judicial powers and the exercise of that power is subject to the jurisdiction of this court under art. 136 of the constitution, ..... . shyam sunder jhunihunwala and tohers(9) where the court had to consider whether the central government exercising appellate powers under section 111 of the companies act, 1956 before its amendment in 1960 was a tribunal exercising judicial functions and as such, subject to the appellate jurisdiction of the supreme court under article .....

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Jun 12 1968 (HC)

Salig Ram Vs. Niranangmo

Court : Delhi

Decided on : Jun-12-1968

Reported in : 6(1970)DLT265

..... is of opinion that there is an important question of law or custom involved and that such question requires further consideration, the court of the judicial commissioner may make such order in the case as it thinks fit : provided ..... proviso (iii) treat the matter of the application as if it were an appeal. explanationn. a question of procedure is rto a question of law or custom within the meaning of sub-paragraph (b). (2) in computing the period of limitation mentioned in proviso (i) of sub-paragraph (1), and in ..... court of the judicial commissioner shall nto revise the decision of the court below except in so far as such decision involves the question of law or custom in respect of which the application has been admitted, and (iv) when any such application has been admilted the court of the judicial commissioner shall ..... all toher respects nto herein specified, the period of limitation of the application shall be governed by the provisions of the indian limitation act, 1908. (3) section 115 of the code of civil procedure 1908. shall nto apply to himachal pradesh.' it is obvious that in cases covered by ..... decided appears to have exercised a jurisdiction nto vested in it by law, or to have failed to exercise a jurisdiction so vested or to have acted in the exercise of its jurisdiction with material irregularity, or (b) if on an application made to it the court of the judicial commissioner .....

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