T.P.NAMBIAR, V.P.GULATI
SH. K. Poopalarajah – Appellant
Versus
Collectors of Customs – Respondent
Per Shri V.P. Gulati (ORAL):
1. This condonation of delay application has been filed in respect of the supplementary appeals filed by the appellant, as the learned lower authority had disposed of the issues arising in the two show cause notices. As per the procedure and practice of the Tribunal, the appellant was required to file the second appeal relating to the damaged goods. The delay in filing the appeals is condoned.
2. The learned Sr. Counsel has pleaded that in the above appeals, the appellant had been given the option to clear the goods and he is therefore not contesting the appeals on merits. In as much as the appeals are not contested on merits, the same is dismissed as not pressed.
3. The issue, therefore, survives for consideration is regarding the absolute confiscation of the car u/s 111 (d) of the Customs Act, 1962. The learned Counsel briefly narrating the facts of the case has pleaded that the appellant had imported the car on 26.10.89 under a Carnet which was valid upto 21.10.90. He pleaded that the appellant could normally retain the car in India under Triptique Procedure in terms of savings clause 11 (m) of the Import Control Order without any import licence an
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.