Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Complaint against Statutory auditor. A Deputy Registrar was competent to institute the complaint because the definition of "Registrar" in the Companies Act includes a deputy registrar, so cognizance under Section 439(2) was valid. The prosecution was also not barred by limitation, as the alleged offence under Section 448, read with Section 447, carried punishment extending up to ten years, taking it outside Section 468 Cr.P.C. However, the proceedings against the statutory auditor were quashed because the complaint did not disclose any specific overt act, deliberate falsity, or mens rea attributable to him; the allegations were vague and did not satisfy the ingredients of Section 448, making continuation of the prosecution an abuse of process.
Complaint against Statutory auditor. A Deputy Registrar was competent to institute the complaint because the definition of "Registrar" in the Companies Act includes a deputy registrar, so cognizance under Section 439(2) was valid. The prosecution was also not barred by limitation, as the alleged offence under Section 448, read with Section 447, carried punishment extending up to ten years, taking it outside Section 468 Cr.P.C. However, the proceedings against the statutory auditor were quashed because the complaint did not disclose any specific overt act, deliberate falsity, or mens rea attributable to him; the allegations were vague and did not satisfy the ingredients of Section 448, making continuation of the prosecution an abuse of process.
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