SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 260

M.N.VENKATACHALIAH, R.M.SAHAI, S.P.BHARUCHA
International Airports Authority Of India: International Airports Authority Of India: Central Warehousing Corporation – Appellant
Versus
Grand Slam International: Gulab Impex Enterprises LTD. : Essma Woollen Mills – Respondent


Advocates:
A.SUBBA RAO, ARUNESHVAR GUPTA, Atul Kumar Sinha, JOSEPH VELLAPALLY, M.J.Paul, Manjula Gupta, R.F.NARIMAN, Rajiv Datta, RANJAN MUKHERJEE, S.P.SHARMA, SUSHMA SURI, TANIA BAJAJ, V.K.MEHTA, V.R.REDDY, V.SHEKHAR, VINOD KUMAR

JUDGMENT

R.M. Sahai, J.

1. International Airports Authority of India (hereinafter referred to as IAAI) and the Central Warehousing Corporation, Container Freight Station, Patparganj (in brief CWC) obtained leave of this Court under Article 136 of the Constitution of India against direction issued by the High Court of Delhi for release of imported goods without payment of any demurrage charges for the period for which detention certificate had been issued by the Customs Authorities.

2. What persuaded the High Court to take this view in favour of the respondents was founded on construction of Section 45(2) of the Customs Act, 1962 (Act for short) and issuance of detention certificate by the Customs Authorities. What is the nature of these certificates? Whether they are binding on the IAAI? Is there any conflict in the Public Notice issued by the Customs Authorities and Regulations framed by the IAAI, are some of the questions which arises for consideration in these appeals. But before adverting to these issues facts in brief may be mentioned.

3. In Appeal No. 798 of 1992 the respondent filed with the Customs Authorities bill of entry on cargo terminal along with all documents to seek cl






















































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top