Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act 1962 - s.61(1)(b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Customs Act, 1962 (52 of 1962) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act, 1962 - s.61(1)(b) - Warehousing of goods -After various extensions of the maximum period of warehousing and surrender of the goods by the party, goods decided to be put on auction -Request by the party to stop the auction with request to re-export the goods -Denied by Department - Litigation seeking re-export rejected upto Supreme Court - Re-auction held - Writ petition seeking re-export allowed by High Court -By further order High Court clarifying that the order permitting re-export was passed with consent - On appeal, held: Party having surrendered its title in the goods and plea to re-export having been rejected upto Supreme Court in previous litigations, cannot be granted permission -Even by virtue of Circulars, party not entitled to permission for re-export as in the facts of the case, Circulars not applicable - The order of High Court was not passed with consent of the parties - Circulars dated 29.7.2002 and 14.1.2003. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2008 INSC 209 |
Petitioner | Union Of India & Ors |
Respondent | Shakti Lpg Ltd. & Anr |
SCR | [2008] 2 S.C.R. 1101 |
Judgement Date | 2008-02-18 |
Case Number | 1356 |
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