Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
A fresh claim for possession of premises in liquidation was barred by res judicata and issue estoppel because the later application was virtually identical to the earlier rejected one and no liberty had been reserved to re-agitate it. On merits, the HC held that summary jurisdiction under Section 457 of the Companies Act is confined to whether the Official Liquidator has a relevant reason to remain in possession. As liquidation was continuing and the premises were still being used, continued retention was justified, and the applicant could not compel surrender of vested tenancy rights or conversion to a leave and licence arrangement. The application was dismissed with costs.
A fresh claim for possession of premises in liquidation was barred by res judicata and issue estoppel because the later application was virtually identical to the earlier rejected one and no liberty had been reserved to re-agitate it. On merits, the HC held that summary jurisdiction under Section 457 of the Companies Act is confined to whether the Official Liquidator has a relevant reason to remain in possession. As liquidation was continuing and the premises were still being used, continued retention was justified, and the applicant could not compel surrender of vested tenancy rights or conversion to a leave and licence arrangement. The application was dismissed with costs.
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