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april 2004

Supreme Court of India · 2004-04-13

Union Of India (Uoi) vs J.P. Electronics Pvt. Ltd.

Citation / case number
AIRONLINE 2004 SC 308
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
J.P. Electronics Pvt. Ltd.
Bench
Ruma Pal, G.P. Mathur

Judgment text excerpt

The Supreme Court held that the title to goods imported into India under the Customs Act, 1962, is crucial in determining the right to re-export. It clarified that if the title has passed to the importer, the exporter cannot re-export the goods. The Court found that the High Court erred in assuming that the exporter retains ownership merely due to the importer's failure to clear the goods. The Court set aside the High Court's order allowing re-export, emphasizing the need for clarity on ownership and title transfer under Section 48 of the Customs Act, 1962.

Union Of India (Uoi) vs J.P. Electronics Pvt. Ltd. · Niyam