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R. SURESH KUMAR
G. K. International, Rep. by its Proprietor, Jagannathan Yogeshwaran, Chennai – Appellant
Versus
Principal Commissioner of Customs Preventive Commissionerate, Chennai – Respondent
JUDGMENT
(Prayers: Writ petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to cause release of the goods imported under Bill of Entry No.6133972, dated 05.11.2021 without levy of detention, demurrage and container storage charges waived vide detention certificate issued by the office of the third respondent in F.No.S.Misc.343/2021-SIIB, dated 17.01.2022 from the date of the detention of the goods till their actual release.
Writ petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to cause release of the goods imported under Bill of Entry No.5998252, dated 26.10.2021 without levy of detention, demurrage and container storage charges waived vide detention certificate issued by the office of the third respondent in F.No.S.Misc.343/2021-SIIB, dated 17.01.2022 from the date of the detention of the goods till their actual release.)
1. Since both the writ petitions were filed by the same petitioner and the issue arises out of these writ petitions is one and the same, these writ petitions were heard together and are being dispose
The main legal point established in the judgment is that a claim for waiver of demurrage and detention charges must be made within the specified time frame, and the maximum waiver period is limited b....
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 Cargo Service Provider was not obligated to waive the Terminal Service Charges (TSC) as the denial of waiver was not in violation of any legislation, and the penalty imposed by the Settlement Com....
The Customs Act mandates timely completion of investigations regarding detained goods, ensuring procedural compliance with notice requirements under Sections 110 and 124 to avoid unlawful detention.
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
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