Customs v. Act
Case at a glance
Outcome
Dismissed
In the result, petition is dismissed in
Provisions considered
Key paragraphs
Judgment
answer question: Whether action legal?, investigate disputed questions which, opinion, cannot jurisdiction. Even assuming arguments petitioner justified perception, effect delayed payment customs i.e. 14 months damages adequate consideration, determination quantum damages necessary. All exercise possible jurisdiction of this Court. (See Mahant Motidas vs. S.P. Sani ELR 1959 SC 942.)
In the case of Padam Kumar vs. Addl. Collector Customs, AIR 1972 SC 542 Apex Court holding action Customs (3) Authorities illegal detaining goods; refused relief holding jurisdiction relief granted favour petitioner. We quote the finding recorded by the Court reading as under : . ..It is only fair and just that the customs authorities who are responsible for this situation should bear the burden; but in this writ petition we cannot give any relief in that regard..."
a The High Court generally does not enter upon determination question requires elaborate examination evidence enforce establish claimed. (see Thansingh Nathmal vs. A. Mazir, Suptd. of Tax, AIR 1964 SC 1419).
The petitioner, in our opinion, has an efficacious alternate remedy available suit wherein all the questions raised by the petitioner can be conveniently gone into.
In the above view of the matter, we refuse to exercise our discretionary writ jurisdiction in favour of the petitioner.
Operative part
In the result, petition is dismissed in limine, leaving all rival contentions open. No (4) order as to costs.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, petition is dismissed in
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908; Customs Act, 1962 — s. 48.
Which court decided this case, and when?
Bombay High Court, on 03 Oct 1996. The bench was P DEVADHAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.