INTRODUCTION The Delhi Municipal Corporation Act 1957 (hereinafter DMC Act) grants power to Commissioner to issue an order of demolition of structures or buildings in […]
Where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all
It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following […]
Recomputation of the consignment value by authorities of imported goods: the burden of proof and enquiry.
when there is a dispute between the customs authorities and the importer as regards the valuation of the imported goods, on satisfaction of the conditions enumerated in sub-section (1), the authorities should make provisional assessment of customs duty under Section 18 of the Act. This expedites clearance, pending final adjudication on merits which may take time. This is also the mandate of the Board Circular No.38/2016 dated 22nd August, 2016. Any insistence and compulsion by the authorities that the importer should disclaim and forgo his statutory right under Section 18 of the Act would not be correct. Neither would it be right to reject the valuation as declared by the importer without reasonable doubt for certain reasons.
Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor
Insurance Company has an inherent right to appoint Surveyor to assess insurance claims but such right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor.