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PUSHPENDRA SINGH BHATI, MADAN GOPAL VYAS
Hasti Petro Chemical And Shipping Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Per Dr. Pushpendra Singh Bhati, J :
1. The present bunch of appeals and writ petitions have been preferred claiming, in sum and substance, the following reliefs:
Appeals by the Revenue (Customs Department):
2. It is also prayed that the substantial question of law mentioned in para 12 of the present appeal, arising out of the impugned Final Order dated 26.07.2019 passed by the ld. CESTAT may be admitted, decided, considered and an ordainment or direction, which may be just and proper in favour of the appellant may be passed.
3. It is also prayed that an ad-interim stay be granted and the operation of the impugned Final Order dated 26.07.2019 passed by the ld. CESTAT may be stayed until the final decision of the instant appeal is taken.
4. Any other order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case may also be passed in favour of the appellant.”
Writ Petitions Companie
The court ruled that the recovery of cost recovery charges under HCCAR, 2009 was not lawful as the provisions invoked did not support such recovery.
The main legal point established in the judgment is that the 2009 Regulations are ultra vires the Customs Act, 1962 as there is no express statutory provision conferring authority to levy cost recove....
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
The main legal point established in the judgment is the availability of a statutory remedy under the Customs Act and the failure of the petitioner to approach the Appellate Authority despite the libe....
Point of Law : Issues involving disputed questions of fact, not amenable to adjudication under Article 226 of the Constitution of India. It is not open to the Court - just as it was not open to the e....
A conjoint reading of Regulations 10(1)(l) and 10(1)(m) makes it abundantly clear that the 2018 Regulations are fully binding on the shipping line and it is not open to the latter relying on a contra....
The central legal point established is that a Customs Cargo Service Provider is obligated to release detained goods without charging rent or demurrage, as per the Customs Act and Handling of Cargo in....
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