Mumbai Court February 1986 Judgments
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B. Arunkumar and Co. Vs. Union of India and Others
Court: Mumbai
Decided on: Feb-03-1986
Reported in: 1986(9)ECC153; 1988(19)LC329(Bombay); 1987(30)ELT903(Bom)
1. The petitioners No. 1 are a partnership firm carrying on business of importing rough uncut and unset diamonds, polishing the same and exporting the polished diamonds. The petitioners had obtained an Imprest Licence dated June 29, 1981 for value of Rs. 6,53,23,200/- from the Office of the Joint Chief Controller of Imports and Exports for importing diamonds with the condition to re-export within a period of six months from the date of clearance of first consignment. On March 4, 1982, the petitioners entered into an irrevocable agreement with M/s Jain Sudh Vanaspati Limited, New Delhi to issue them letter of authority for authorising import of goods under non-debit scheme as per Para 183(V) of Import Policy of 1981-82. The letter of authority enabled M/s Jain Sudh Vanaspati Limited to import certain permissible goods for sale to actual users.On June 5, 1981, the import of tallow of any animal original was canalised vide public notice No. 29/81 and consequently the item of tallow of any...
Varson Chemicals Private Limited Vs. Collector of Customs, Bombay and ...
Court: Mumbai
Decided on: Feb-03-1986
Reported in: 1986(9)ECC313; 1988(15)LC72(Bombay); 1987(27)ELT55(Bom)
1. The petitioners is a company registered under the Companies Act and carries on business as manufacturer of fine chemicals such as tetracycline hydrochloride, doxycycline hyclate, vitamin B-12, etc. The Import of Export Policy for the period April-March, 1983 provided for imports of items under 'OGL' and under serial no. 1 in Appendix 10, actual users (Industrial) were permitted to import raw materials, components and consumables (non-iron and steel items) other than those included in Appendices 3, 4, 5, 8, 9 and 15. The petitioners required the raw material called 'pentahydroxy-methyl-N-N dimethylamine naphthacendion carboxamide carbamide' which is known as tetracycline urea complex as an intermediate in the manufacture of the drug called tetracycline hydrochloride. According to the petitioners, the raw material is not a drug, but it is a drug intermediate used in the manufacture of the drug tetracycline hydrochloride. Appendix 9 in the Import Policy for 1982-83 provides that the it...
Manohar S. Prabhu and Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Feb-03-1986
Reported in: 1987(1)BomCR130
G.F. Couto, J.1. The constitutional validity of section 4 of the Constitution (Fourteenth Amendment) Act, 1962, as well as of sub-section (3) of section 3 of the Government of Union Territories Act, 1963, and of the Notification No. 110123/85-UTL issued by the Government of India, Ministry of Home Affairs, on 16th January, 1985 is being assailed in these two writ petitions filed under Articles 226 of the Constitution of India. The grounds of challenge in both the writ petitions are the same, as same are the reliefs sought. Hence this common judgment.2. Section 3 of the Government of Union Territories Act, 1963, hereinafter referred to as 'the Act', provides that there shall be a Legislative Assembly for each Union territory and that the total number of seats in the Legislative Assembly of a Union territory to be filled by persons chosen by direct election shall be forty in the case of the Union territory of Himachal Pradesh and thirty in the case of any other Union territory. Its sub-s...
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