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2000 Supreme(Mad) 1092

R.JAYASIMHA BABU, FAKKIR MOHAMED IBRAHIM KALIFULLA
Sri Kamakshi Agency – Appellant
Versus
Commissioner of Customs, Madras – Respondent


Appearing Advocates:P. Gopalan, M. Gunasekaran, Advocates.

Judgment :-

F.M. IBRAHIM KALIFULLA, J.

The questions that have posed for our consideration are, -

In C/Ref/13/97 :-

(a)Whether in the facts and circumstances of the case, the order of the Tribunal upholding cancellation of CHA licence made by the Department is legal and proper?

(b)Whether the Tribunal is justified in confirming the order of forfeituring deposit of Rs. 25, 000/- made by the appellant?

(c)Whether in the facts and circumstances of the case, the Tribunal is correct in ordering that the appellant should conduct the business by himself and not through any power of attorney holder and whether the same is contrary to the Licencing Regulations (9) of CHLR, 1984?

In C/Ref/28/97 :-

Whether, in the facts and circumstances of the case, the order of the Tribunal to the effect that on further deposit of Rs. 25, 000/- the licence of the respondent shall stand renewed with effect from 1-1-1997, is legal and proper?

2.The Applicant was a holder of Regular Customs House Agent Licence herein called "CHAL" issued by Madras Customs under Regulation 10(2) of Customs House Agents Licensing Regulation (CHALR) 1984, herein-after called as 'Regulations'. The Applicant was issued with the licence on








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