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Kanungo & Company vs Collector Of Customs And Ors. on 7 February, 1972

Kanungo and Co. v. Collector of Customs (Calcutta) (2); (d) The Order of the Collector did not suffer from any apparent error or defect of jurisdiction. His order was based on an appraisement of the circumstantial evidence before him and was consistent with the rules of natural justice. He had given the fullest opportunity,to the Respondent to put forth his case and had issued two show- cause notices to him through his Solicitors. The Division Bench of the High Court exercising jurisdiction under Art. 226 was not competent to go into the question of the adequacy of that evidence, and act as if it was a court of appeal.
Supreme Court of India Cites 4 - Cited by 101 - Full Document

Shambu Nath Mehra vs The State Of Ajmer on 12 March, 1956

Quoting from Shambhu Nath Mehra v. State of Ajmer,(1) the Court said that s. 106. Evidence Act "cannot be used to undermine the well established rule of law that, save in a very exceptional class of cases, the burden is on the prosecution and never ,sifts." It was added "If S. 106 of the Evidence Act is applied, then, by analogy, the fundamental principles of criminal jurisdrudence must equally be invoked".
Supreme Court of India Cites 9 - Cited by 408 - V Bose - Full Document
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