Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights December 2019 Year 2019 This

Conviction of sentence - fist time offender - the reliance ...

Case Laws     Customs

December 19, 2019

Conviction of sentence - fist time offender - the reliance placed by the Magistrate for passing special sentence less than statutory minimum punishment per se appears to be in violation of the provisions of the Customs Act and therefore, the same is liable to be interfered with.

View Source

 


 

You may also like:

  1. Dishonor of Cheque - etitioner has already undergone 23 days in judicial custody - Since the sentence awarded to the petitioner is less than two years and it is a first...

  2. Dishonor of Cheque - insufficiency of funds - rebuttal of presumption under Sections 118 and 139 of the NI Act - The failure of the appellant in showing the said amounts...

  3. Dishonour of Cheque - Oreder of conviction and sentence of accused - insufficient funds - Neither at the time of handing over the cheques nor at the time of seizure nor...

  4. Dishonor of Cheque - prayer for reduction in the quantum of sentence - The concern of the Legislature is obvious. Provisions inserted for inculcating greater faith in...

  5. Interpretation of statute - Section 14 of SARFAESI Act - The view taken by the High Court are agreed upon that (i) the District Magistrate, Chief Metropolitan Magistrate...

  6. Seeking grant of bail - evasion of tax - general offender/economic offender - the economic offender should not be dealt as general offender because economic offenders...

  7. Initiation of anti-dumping investigation - the Designated Authority placed reliance upon certain material and facts for concluding the issue against the appellant -...

  8. Conviction and sentence – movement of opium - Whether association of public witness mandatory – The NCB cannot be held responsible for not producing them in the witness box - HC

  9. Dishonour of Cheque - territorial jurisdiction - When the learned Magistrate on scrutiny of record prima facie came to a decision that process ought to have been issued...

  10. Dishonor of Cheque - acquittal - Section 256 mandates that if the complainant does not remain present on the appointed day after summons has been issued on complaint and...

  11. Conviction u/s 138 of the Negotiable Instruments Act, 1881 - the parties ought to be allowed to settle the matter - The offence, therefore, is compounded in terms of the...

  12. Conviction u/s 20 of the NDPS Act - Having held that the mandatory requirement of Section 50 of the NDPS Act was not complied with, recovery itself would be illegal and...

  13. Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Since in the cases of NDPS Act the punishment is severe, therefore strict proof...

  14. Dishonour of Cheque - Quantum of sentence / Fine - The sentence is optional, either it may be imprisonment for two years or fine which may be twice amount of the cheque...

  15. The word “Magistrate” appearing in Section 110 (IB) and (1C) of the Customs Act, 1962 must be interpreted so as to be read as a reference to an Executive Magistrate and...

 

Quick Updates:Latest Updates