An essential element of Advocates (visit homepage) this basic feature is that the President (Executive) should not Advocates have an unfettered discretion in such appointment process but not that the opinion of the CJI (Collegium) should have primacy or dominance. 25,00,000 (Rupees twenty-five lakhs only) each on Shri Thomas Dana and Shri Leo Roy Frey which should be paid within two months from the date of this order or such extended period as the adjudicating officer may allow. The offenders, therefore, deserve deterrent punishment.
1, therefore, Advocates impose a personal penalty of Rs. The judgments of this Court in the Second and Third Judges cases are not only counter textual but also plainly contrary to the intent Advocates (click here for more info) of the Constituent Assembly and clearly beyond limits of judicial power, it is an exercise of constituent authority in the disguise of interpretation. it was also suggested in the course of the argument that the use of a particular phraseology in the Act, 37 290 should not stand in the way of looking at the substance of the matter.
It is an established and venerated principle that the Court would not sit in judgment over the wisdom of Parliament even in respect of an ordinary legislation; a constitutional amendment invites a greater degree of deference. Clause 19(a), as has been indicated earlier, deals with exclusion of liability. Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot, premises of a consignment agent or any other place or premises (hereinafter referred Advocates (visit homepage) to as “such other place”) Advocates from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be the normal transaction value of such goods sold from such other place at or about the same time and, where such goods are not sold at or about the same time, at the time nearest to the time of removal of goods under assessment.
What really matters is whether there has been a ” prosecution “. Parliament exercising constituent power (under Article 368) considered it appropriate that representatives of the Civil Society should be accorded a participatory role in the process of appointments to CONSTITUTIONAL COURTS and that their presence would be a check on potential and consequently ruinous ˜trade offs; (i) between and amongst the three members representing the judiciary and (ii) between the judiciary and the executive; Advocates (visit homepage) and would accentuate transparency to what had hitherto been an opaque process.
They attempted to smuggle Indian and foreign currency out of India. Having regard to all the circumstances of the case, I find that both Sarvshri Thomas Dana and Leo Roy Frey are equally guilty of the offence. (v) It is submitted that independence of the judiciary is indisputably a basic feature of the Constitution. Such wisdom of the Parliament in not open to question. The foregoing facts prove beyond doubt that the offence was the result of the Advocates most deliberate and calculated conspiracy to smuggle this huge amount of currency out of the country.
” The expressions ” equally guilty of the offence the offence was the result of the most deliberate and calculated conspiracy to smuggle “, and ” deserve deterrent punishment “, have been greatly emphasized in aid of the argument that the Collector had really intended to punish the petitioners in respect of the ” offence”, and found them ‘,guilty”. He is bound by the recommendation of the NJAC wherein members of the judiciary constitute the single largest group.
24 of the order dated July 24, 1957, passed by the Collector of Central Excise and Land Customs, New Delhi, which is in these terms:- ” 24. I hold both of them as the persons concerned in the offence committed under section 167(8) of the Sea Customs Act, 1878. It is true that these expressions are commonly used in judgments given in criminal trials, but the same argument can be used 291 against the petitioners by saying that mere nomenclature does not matter.
Under the AMENDMENT, the President has no discretion in the matter of appointment of Judges of CONSTITUTIONAL COURTS. It may be that the Act has drawn a distinction between confiscation of property and goods, and imposition of penalties on persons concerned with the infringement, on the one hand, and the imposition of a sentence of imprisonment or fine or both by a Magistrate, on the other hand; but, it is further contended, the Customs Authorities, who impose a penalty or who order confiscation of goods of very large value, are in substance imposing punishments within the meaning of the criminal law.
In this connection, our particular attention was drawn to para. Clause 19, the exclusionary clause, categorically states that unless otherwise agreed to by the Corporation in writing, the Corporation shall cease to have any liability in respect of gross invoice value of any shipment or part thereof if the insured has failed to declare, without any omission, all the shipments required to be declared in terms of Clause 8(a) of the Policy and to pay premium in terms of Clause 10 of the Policy.