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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: mumbai aurangabad Page 1 of about 167 results (0.015 seconds)

Apr 15 2015 (HC)

Subhaschandra Balchandra Badjate Vs. The Director General, Central Exc ...

Court : Mumbai Aurangabad

..... found and also confiscate other goods which were used for concealing such goods etc but they need no consideration in the present matter. 22. provision of section 121 of the customs act, 1962 reads as under: ??121. confiscation of sale-proceeds of smuggled goods.-- where any smuggled goods are sold by a person having knowledge or reason to believe that the goods are ..... to him within six months from the date of seizure and so he is entitled to get back the amount in view of provisions of section 110(2) of the customs act, 1962. 18. in view of the aforesaid record, provisions which can be used in such a case need to be considered first. learned counsel for the petitioner submitted that the department ..... of the officers which are being mentioned afterwards. 26. the learned counsel for the petitioner took this court through the definition of "goods" given in section 2(22) of the customs act. the definition is as under:- "(22) "goods" includes - (a) vessels, aircraft and vehicles; (b) stores; (c) baggage; (d) currency and negotiable instruments; and (e) any other kind of movable property ..... in such a proceeding. however if the person concerned requests, oral representation can also be accepted. 24. the provision of section 142(b), clause (ii) of clause (c) of the customs act shows that there is power to the officers to distrain goods until amount payable is paid. 25. the aforesaid provisions are made applicable for implementation of the provisions of the .....

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Apr 01 2015 (HC)

Ashok Metal Corporation Vs. The Senior Inspector of Police and Others

Court : Mumbai Aurangabad

..... assist the customs department when such a case is detected. thus, in ordinary course such property ..... property. in section 151 of this act it is specifically provided that police is empowered to ..... of the maharashtra police act and the record shows that property is notified goods of foreign origin, was covered under the provisions of the customs act, the magistrate is expected to ascertain as to whether the property needs to be dealt with under the provisions of the customs act. there is separate machinery provided under the customs act 1962 for confiscation of such ..... is required to be handed over to customs department. 17. in view of the aforesaid provisions .....

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Oct 05 2012 (HC)

Ashok @ Aau S/O Pitambar Choudhary and Another Vs. the State of Mahara ...

Court : Mumbai Aurangabad

..... an offence under section 3,4,5,6, or 9 of the suppression of immoral traffic in women and girls, act 1956 ; or (iv) of an offence under section 135 of the customs act, 1962; or (v) of an offence under section 4, or for accepting bet in any public street or thoroughfare or ..... in any place to which the public have or are permitted to have access, or in any race course under clause (a) or section 12 or under section 12a of the bombay prevention of gambling act ..... police station and said conviction and sentence were suspended as mentioned herein above and therefore, ingredients of section 56 and 57 of bombay police act were not attracted and activities of petitioner cannot be construed as prejudicial to public peace and order and certainly cannot be construed as antisocial or ..... station and petitioner has impugned said order in the present petition. 5. thereafter, petitioner preferred an appeal under section 60 of thee bombay police act before the appellate authority i.e. respondent no.2 challenging the order passed by respondent no.3 on 5.12.2011. however, said appellate ..... no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya .....

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Oct 05 2012 (HC)

Ashok @ Aau S/O Pitambar Choudhary and Another Vs. the State of Mahara ...

Court : Mumbai Aurangabad

..... an offence under section 3,4,5,6, or 9 of the suppression of immoral traffic in women and girls, act 1956 ; or (iv) of an offence under section 135 of the customs act, 1962; or (v) of an offence under section 4, or for accepting bet in any public street or thoroughfare or ..... in any place to which the public have or are permitted to have access, or in any race course under clause (a) or section 12 or under section 12a of the bombay prevention of gambling act ..... police station and said conviction and sentence were suspended as mentioned herein above and therefore, ingredients of section 56 and 57 of bombay police act were not attracted and activities of petitioner cannot be construed as prejudicial to public peace and order and certainly cannot be construed as antisocial or ..... station and petitioner has impugned said order in the present petition. 5. thereafter, petitioner preferred an appeal under section 60 of thee bombay police act before the appellate authority i.e. respondent no.2 challenging the order passed by respondent no.3 on 5.12.2011. however, said appellate ..... no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya .....

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Mar 20 2015 (HC)

Ashok Vs. The Secretary, Gramvikas Shikshan Prasarak Mandal and Others

Court : Mumbai Aurangabad

..... union of india v. paras laminates (p) ltd. air 1991 sc 696, after referring to the provisions contained in section 129 (c) of the customs act, 1962, the apex court observed in para -8 of its judgment as under: there is no doubt that the tribunal functions as a court within the limits ..... follows:. in the following paragraphs, the full bench (cited supra), held thus: 28. it is also clear from the preamble of the act that this act has been enacted to regulate the recruitment and conditions of service of the employees, to provide such employees security and stability of service, to ..... to enquire, into the allegations of misconduct, moral turpitude, wilful and persistent negligence of duty and incompetence of the employee covered under the act and rules. the procedure contained in rules 36 and 37 dealing with the constitution of enquiry committee and procedure of enquiry is intended to ..... before receipt of the written explanation, had caused any prejudice to the appellants. we do not see any illegality or impropriety in the innocent act of the management to constitute an inquiry committee even simultaneously with the issuance of the charge-sheet. it is no doubt true that the ..... factor in determining the jurisdiction and powers of the tribunal. now, the preamble of the maharashtra employees of private schools (conditions of service) regulation act, 1977 reads thus: whereas it is expedient to regulate the recruitment and conditions of service of employees in certain private school in the state, .....

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Aug 14 2012 (HC)

Samadhan Steel Traders, Through Its Proprietor, Jaynarayan S/O. Nagola ...

Court : Mumbai Aurangabad

..... reasons to believe that excisable goods liable to confiscation and documents and things, which in his opinion would be useful for and relevant to proceedings under the central excise act, 1944 and customs act. 1962, are secreted in places mentioned in it, he (d.s. mane) authorized and required the persons named therein to search. thus, this court is concerned with the material looked ..... considered the authenticity of the alleged material, in this background. 13] we, therefore, find that there was no material before the department, as required under section 105(1) of the customs act, which could have supported ??reason to believe ? which is cardinal. the judgment of the apex court in indru ramchand bharvani vs. union of india (supra) considers the provisions of section ..... his opinion would be useful or relevant to any proceedings under the customs act, 1944? 3] this court had issued a notice on 20th august, 2011 and on 15.6.2012 after briefly recording the question, we directed respondents to produce the original record ..... : [ b.p. dharmadhikari, j.] 1] heard. rule. rule made returnable forthwith. heard finally by consent of parties. 2] the question is, whether before ordering search under section 105 of the customs act, the competent authority had formed a legal opinion and was there a reason to believe that it would lead to goods liable to confiscation or any document or thing in .....

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Aug 14 2012 (HC)

Samadhan Steel Traders, Through Its Proprietor, Jaynarayan S/O. Nagola ...

Court : Mumbai Aurangabad

..... reasons to believe that excisable goods liable to confiscation and documents and things, which in his opinion would be useful for and relevant to proceedings under the central excise act, 1944 and customs act. 1962, are secreted in places mentioned in it, he (d.s. mane) authorized and required the persons named therein to search. thus, this court is concerned with the material looked ..... considered the authenticity of the alleged material, in this background. 13] we, therefore, find that there was no material before the department, as required under section 105(1) of the customs act, which could have supported reason to believe which is cardinal. the judgment of the apex court in indru ramchand bharvani vs. union of india (supra) considers the provisions of section ..... his opinion would be useful or relevant to any proceedings under the customs act, 1944? 3] this court had issued a notice on 20th august, 2011 and on 15.6.2012 after briefly recording the question, we directed respondents to produce the original record ..... : [ b.p. dharmadhikari, j.] 1] heard. rule. rule made returnable forthwith. heard finally by consent of parties. 2] the question is, whether before ordering search under section 105 of the customs act, the competent authority had formed a legal opinion and was there a reason to believe that it would lead to goods liable to confiscation or any document or thing in .....

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Aug 22 2013 (HC)

Syed Kausar Shah S/O Mansoor Shah Vs. Syed Gous Ahmed Shah S/O Syed Ma ...

Court : Mumbai Aurangabad

..... case, held that, though the mahomedan law does not recognize any right of inheritance to the office of mutawalli but the office may become hereditary by custom, in such case, custom should be followed. the learned counsel further pressed into service exposition of allahabad high court in the case of maulviabdul rahman siyai vs. sardar maqbool hasan ..... questioning the succession certificate granted in favour of the plaintiff is concerned. according to the counsel for the revision applicant, proceedings under section 5 of the hyderabad atiyat inquiries act, 1952 are pending before the competent authority, and therefore, this civil revision application deserves to be allowed, deserves no consideration. the wakf tribunal has considered the prayers ..... the learned counsel also invited my attention to page-18 (exhibit-a) of the compilation of civil revision application and submitted that, the authorities under the hyderabad atiyat inquiries act, 1952 have jurisdiction to issue succession. he invited my attention to the statement regarding sanction of succession i.e. exhibit-a and submitted that, the revision applicant i. ..... , so far as interim arrangements are concerned, since it is admitted fact that the inquiry is pending before the sub divisional officer, beed under the hyderabad atiyat inquiries act, 1952, then during the pendency of final adjudication of the said proceedings, interim arrangement made by the competent authorities by their orders, which are confirmed till the commissioner .....

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Oct 07 2011 (HC)

Prem Mahant Sahani at Tadipar Vs. the State of MaharashtrA.

Court : Mumbai Aurangabad

..... court must seek corroboration of the purported confession from independent sources." 38. as against this, smt. mane, the learned counsel for the narcotics cell, customs department, contended that the statements recorded under section 67 of the ndps act are admissible in evidence and, that, they are reliable. 39. in this case, it must be observed that all the confessional statements have been subsequently ..... october, 2001. after analyzing the sample, it was reported by the chemical laboratory that it was charas and was covered under the ndps act, 1985. the corrugated box containing the main bulk of the contraband seized was deposited in the customs godown on 1st november, 2001. 6. thus, the case in short is that the accused no.1 was found with charas weighing ..... was searched without producing him before any gazetted officer. undoubtedly, non-compliance of the provisions of section 50 of the ndps act would be fatal to the case of the prosecution. however, mrs. mane, the learned counsel for the narcotics cell, customs department, has drawn my attention to a decision of the supreme court of india in the case of state of himachal ..... , thereupon the accused no.1 told shahasane that it contained charas weighing about 2.500 kgs., for delivery to his customers. it is thereafter that shahasane (pw-8) apprised the accused no.1 of the provisions of section 50 of the ndps act. this witness does not state what was the reply given by the accused no.1, but proceeds to state that .....

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Sep 02 2015 (HC)

The Divisional Controller, Maharashtra State Road Transport Corporatio ...

Court : Mumbai Aurangabad

..... by the other provisions of the pulp act. ? 13. the crystallized position in law has been considered by this court in the case of maharashtra state cooperative cotton growers marketing federation ..... made elsewhere conferring power upon the concerned court to deal with such incidental questions. this is the meaning of section 32 of the pulp act. it does not enlarge the jurisdiction of either the industrial court or of the labour court which is otherwise not being conferred upon it ..... would not enlarge the scope of jurisdiction beyond the extent to which it has been conferred upon the industrial court under the provisions of the act. merely because the industrial court was dealing with the second show cause notice which was the penultimate stage in the disciplinary proceedings, would not ..... in 2001 (2) clr 640? (ii) whether, the industrial court, within it's revisional jurisdiction under section 44 of the mrtu and pulp act, 1971, can set aside the order of dismissal which was passed prior to the institution of the revision petition and after the labour court dismissed ..... two points emerge for determination in this petition: (i) if the industrial court in it's revisional powers under section 44 of the mrtu and pulp act, 1971 overturns the findings of the labour court and concludes that the findings of the enquiry officer are perverse, thereby, vitiating the entire enquiry, then, .....

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