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september 2007

Supreme Court of India · 2007-09-18

Bhavya Apparels Private Limited & Anr vs Union Of India & Anr

Citation / case number
AIR 2007 SC (SUPP) 950
Court
Supreme Court of India
Petitioner
Bhavya Apparels Private Limited & Anr
Respondent
Union Of India & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court interpreted Section 129E of the Customs Act, 1962, holding that non-compliance with a pre-deposit order does not automatically lead to dismissal of an appeal. The Court emphasized that the right to appeal must be protected and that the provisions regarding pre-deposit should be strictly construed. The Court overturned the High Court's dismissal of the appeal, asserting that the Tribunal has the authority to grant stays and that the consequences of non-compliance are not explicitly stated in Section 129E.

Bhavya Apparels Private Limited & Anr vs Union Of India & Anr · Niyam