Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Interpretation of statute - whether "Certified Copy" prescribed for preferring an appeal could substitute "Certified Free Copy" provided u/r 50? Held: Issue dealt with in MUNAGALA ROJA HARSHA VARDHINI VERSUS VARDHANSMART PRIVATE LIMITED, wherein Tribunal elaborated on factors determining "Certified Copy" for appeals u/s 61 of Insolvency and Bankruptcy Code, 2016. Three-Member Bench laid issue to rest, drawing from V. Nagarajan V. SKS Ispat, that where appellant before NCLAT hasn't applied for certified copy u/s 76 of Evidence Act and Rule 2(9) of NCLT Rules after paying requisite fee, free copy won't be treated as certified copy u/r 22(2) for maintaining appeal. Necessity of certified copy for appeal distinguished from free copy already decided by larger Bench. Free copy u/r 50 of NCLT Rules, 2016 can't substitute certified copy u/r 22(2) of NCLAT Rules, 2016 and Section 2(j) of NCLT Rules read with Section 76 of Evidence Act.
Interpretation of statute - whether "Certified Copy" prescribed for preferring an appeal could substitute "Certified Free Copy" provided u/r 50? Held: Issue dealt with in MUNAGALA ROJA HARSHA VARDHINI VERSUS VARDHANSMART PRIVATE LIMITED, wherein Tribunal elaborated on factors determining "Certified Copy" for appeals u/s 61 of Insolvency and Bankruptcy Code, 2016. Three-Member Bench laid issue to rest, drawing from V. Nagarajan V. SKS Ispat, that where appellant before NCLAT hasn't applied for certified copy u/s 76 of Evidence Act and Rule 2(9) of NCLT Rules after paying requisite fee, free copy won't be treated as certified copy u/r 22(2) for maintaining appeal. Necessity of certified copy for appeal distinguished from free copy already decided by larger Bench. Free copy u/r 50 of NCLT Rules, 2016 can't substitute certified copy u/r 22(2) of NCLAT Rules, 2016 and Section 2(j) of NCLT Rules read with Section 76 of Evidence Act.
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