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september 2007

Supreme Court of India · 2007-09-18

BHAVYA APPARELS PVT. LTD. vs U.O.I.

Citation / case number
SC 2005/274
Court
Supreme Court of India
Petitioner
BHAVYA APPARELS PVT. LTD.
Respondent
U.O.I.
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Section 129E of the Customs Act, 1962, emphasizing that non-compliance with pre-deposit orders does not automatically lead to dismissal of appeals. The Court held that the right to appeal must be protected and that the provisions regarding pre-deposit should be strictly construed. The judgment of the Gujarat High Court was set aside, allowing the appeal to proceed without the mandatory pre-deposit requirement imposed by the Tribunal.

BHAVYA APPARELS PVT. LTD. vs U.O.I. · Niyam