2014 (10) TMI 856

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..... P.V. Asha, J.]. - Appellants in the appeal have filed this Review Petition on the ground that two contentions raised by them in the Writ Appeal were not considered by this Court, while dismissing the appeal filed by them. The said 2 contentions are as follows : "(i)   The assayer has certified that the purity of the gold chain is 99.5%. Annexure I of Appendix E of the Baggage Rules, 19 .....

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..... terpreted as 'gold ornaments with 22 carat purity' and not as gold ornaments with 24 carat. 2. We heard Sri John Varghese, the learned Standing Counsel for the Central Board of Excise and Customs appearing for the review petitioners and Sri Aswin Gopakumar, the learned counsel appearing for the respondents. 3. The learned Standing Counsel, relying on the judgments reported in Indian Al .....

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..... by the learned Single Judge as well as the Division Bench after considering all the contentions raised by the petitioners herein elaborately on merits, with reference to the contents of Ext.P3 order which was impugned as well as all the contentions raised in the pleadings and arguments. The judgments supra were cited by the learned counsel at the time of hearing of the Writ Appeal also and the sa .....

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..... is not correct the remedy does not lie in seeking a review of the judgment. 5. This Court will be justified in invoking the power of review, only if it is satisfied that any of the following conditions as prescribed under Order 47, Rule 1 of the Civil Procedure Code, exist : (1)     discovery of new and important matter or evidence which, after the exercise of due dilig .....

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..... am Pishak Sharma AIR 1979 SC 1047, etc.]. 7. We do not find that the contentions raised by the review petitioners relying on the judgments supra help him in any manner, by way of seeking a review of the judgment. In the above circumstances, we find that the review petition is misconceived. 8. Accordingly, the Review Petition is dismissed. There shall be no order as to costs
Case la .....

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