web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Commissioner of Customs and Central Excise Vs Ms Hongo India (P) Ltd. and Anr on 27 Mar 2009

Posted on May 7, 2021 by ShadesOfKnife

A 3-judge bench of Apex Court held that, ‘It is well settled law that it is the duty of the court to respect the legislative intent and by giving liberal interpretation, limitation cannot be extended by invoking the provisions of Section 5 of the Act.‘

From Para 20,

20) Though, an argument was raised based on Section 29 of the Limitation Act, even assuming that Section 29(2) would be attracted what we have to determine is whether the provisions of this section are expressly excluded in the case of reference to High Court. It was contended before us that the words “expressly excluded” would mean that there must be an express reference made in the special or local law to the specific provisions of the Limitation Act of which the operation is to be excluded. In this regard, we have to see the scheme of the special law here in this case is Central Excise Act. The nature of the remedy provided therein are such that the legislature intended it to be a complete Code by itself which alone should govern the several matters provided by it. If, on an examination of the relevant provisions, it is clear that the provisions of the Limitation Act are necessarily excluded, then the benefits conferred therein cannot be called in aid to supplement the provisions of the Act. In our considered view, that even in a case where the special law does not exclude the provisions of Sections 4 to 24 of the Limitation Act by an express reference, it would nonetheless be open to the court to examine whether and to what extent, the nature of those provisions or the nature of the subject-matter and scheme of the special law exclude their operation. In other words, the applicability of the provisions of the Limitation Act, therefore, to be judged not from the terms of the Limitation Act but by the provisions of the Central Excise Act relating to filing of reference application to the High Court. The scheme of the Central Excise Act, 1944 support the conclusion that the time limit prescribed under Section 35H(1) to make a reference to High Court is absolute and unextendable by court under Section 5 of the Limitation Act. It is well settled law that it is the duty of the court to respect the legislative intent and by giving liberal interpretation, limitation cannot be extended by invoking the provisions of Section 5 of the Act.

Commissioner of Customs and Central Excise Vs Ms Hongo India (P) Ltd. and Anr on 27 Mar 2009

Citations : [2009 SCC 5 791], [2009 JT 7 83], [2009 AIR SC 2325], [2009 LW 2 495], [2009 AIOL 407], [2009 ELT SC 315 449], [2009 SCALE 4 374], [2009 SCR 4 1197], [2009 SUPREME 3 120], [2009 ITR SC 315 449], [2009 ELT SC 236 417], [2009 VST SC 24 298]

Other Sources :

https://indiankanoon.org/doc/1046996/

 

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Commissioner of Customs and Central Excise Vs Ms Hongo India (P) Ltd. and Anr Doctrine of Colourable Legislation - Exceeding the Power Entrusted with Legislative Intent must be Respect while Interpreting Statutes Reportable Judgement or Order | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 23 Feb 2007 August 11, 2022
  • Neera Singh Vs State (Govt of NCT of Delhi) and Ors on 21 Feb 2007 August 11, 2022
  • Naresh Kumar Yalla Vs State of Telangana on 21 Jul 2022 August 10, 2022
  • Pasagadula Sai Kiran Vs Union of India and Ors on 04 Aug 2022 August 10, 2022
  • XXX Vs State of Kerala and Ors on 05 July 2022 August 8, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (2,138 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,826 views)
  • Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022 (1,255 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (1,084 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (1,060 views)
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 (1,046 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (1,032 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (975 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (950 views)
  • Kamlesh Devi Vs Jaipal and Ors on 04 Oct 2019 (920 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (317)Reportable Judgement or Order (304)Landmark Case (300)2-Judge (Division) Bench Decision (231)Work-In-Progress Article (214)Catena of Landmark Judgments (199)1-Judge Bench Decision (121)Sandeep Pamarati (87)3-Judge (Full) Bench Decision (76)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions or Protocols to be followed (43)CrPC 482 - Quash (37)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)Not Authentic copy hence to be replaced (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (610)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (296)High Court of Andhra Pradesh Judgment or Order or Notification (154)High Court of Delhi Judgment or Order or Notification (107)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (65)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (36)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (27)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • August 2022 (5)
  • July 2022 (21)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Performance issues affecting Gateway Resolver for requests reaching San Jose. August 12, 2022
    Aug 12, 16:12 UTCResolved - This incident has been resolved.Aug 12, 15:40 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 15:30 UTCIdentified - The issue has been identified and a fix is being implemented.Aug 12, 15:30 UTCInvestigating - Cloudflare customers may experience performance related issues affecting Gateway Resolver for […]
  • Network Connectivity Issues in Omaha NE August 12, 2022
    Aug 12, 15:00 UTCResolved - Cloudflare is investigating issues with network performance in Omaha NE, users in the region may have experienced connectivity issues connecting to Cloudflare-protected websites between 15:01 UTC - 15:26 UTC.
  • 500 API Errors on Custom Error Page August 12, 2022
    Aug 12, 09:07 UTCResolved - This incident has been resolved.Aug 12, 08:52 UTCMonitoring - A fix has been implemented and we are monitoring the results.Aug 12, 07:36 UTCInvestigating - Cloudflare is aware of and investigating an issue with Cloudflare Custom Pages which potentially impacts multiple customers. Further detail will be provided as more information becomes […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.48.37.94 | SW August 12, 2022
    Event: Bad Event | Total: 379,549 | First: 2020-01-25 | Last: 2022-08-12
  • 149.57.21.196 | S August 12, 2022
    Event: Bad Event | Total: 118 | First: 2022-07-29 | Last: 2022-08-12
  • 177.137.29.78 | SD August 12, 2022
    Event: Bad Event | Total: 72 | First: 2021-03-30 | Last: 2022-08-12
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 681 access attempts in the last 7 days.

pixel