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        Case ID :
        Customs

        Waiver of demurrage, rent and detention charges - The goods...

        Court Actions Shouldn't Harm: Importer Not Liable for Demurrage, Rent, Detention Charges Due to Statutory Scheme.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Waiver of demurrage, rent and detention charges - The goods could not released only for the reason that they were detained by the customs authority. - the importer cannot be fastened with any liability whatsoever. The statutory scheme is very clear. - However, warehousing entity cannot be left remediless - if there is any delay due to Court, the maxim 'actus curiae neminem gravabit' will become applicable. Whether the warehousing entity has to be compensated and if so, by whom and what will be quantum of damages are issues that will have to be determined in the lights of the facts obtaining in each case. If the Court cannot undertake the exercise of confiscation, it can mandate the customs authorities to do it. - HC
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