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Report No. 56

16A. No bar to proceedings under Article 226.-

It has been held by Calcutta High Court1 that section 198 of the Sea Customs Act (which was the predecessor of section 155 of the Customs Act, 1962,) was not a bar to the proceedings under Article 226 of the Constitution against the order of the Customs Authorities2.

1. (a) Sooraj Mull Nagar Mull v. Assistant Collector of Customs, AIR 1952 Cal 103.

(b) Assistant Collector of Customs v. Sooraj Mull Nagar Mull, AIR 1952 Cal 656.

2. Similar is the position as regards other provisions.

Statutory Provision as to Notice of Suit other than Section 80 of the Civil Procedure Code Back

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