Mumbai Court July 1986 Judgments
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Shriram Krishnappa Asegaonkar Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jul-24-1986
Reported in: 1987(1)BomCR59; 1986MhLJ1004
B.G. Deo, J.1. This is an application under section 482, Cri.P.C. for quashing the process issued by the Judicial Magistrate, Pusad against the applicant for the offences punishable under sections 420, 468, 477-A read with section 109, I.P.C. on 25-2-1985 on a complaint lodged by non-applicant No. 2-Satish Bayas. The impugned order reads thus:'On perusal of the certified copies of the judgments of Divisional Joint Registrar dated 9-8-1979 a copy of High Court Order dated 20-10-1979, there appears prima facie case against the accused person. Hence I pass the following order :Order'Register case under sections 420, 468, 477-A read with section 109 of I.P.C. Issue process of P.F. Return on 15-6-1984'.2. Applicant Shriram Asegaonkar is the original accused No. 1 while one V.S. Kale, Secretary, Vividha Karyakari Sahkari Society, Sawargaon, District Yavatmal is the original accused No. 2 who has not challenged the order of issue of process against himself and the applicant.3. Briefly stated ...
Kirtilal Moolchand and Co. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-24-1986
Reported in: 1988(14)LC52(Bombay)
Pendse, J.1. The short question which falls for determination in this petition filed under Article 226 of the Constitution of India is for what period the petitioners are entitled to receive detention certificate from the Customs Authorities. Only few facts are required to be stated to appreciate the claim made by the petitioners.2. The petitioners secured a licence on November 21, 1979 for import of Alloy steel scrap to any chemical composition as shown under Item 23 Appendix 7 of Import Policy April 1978 to March 1979. In pursuance of the licence, the petitioners were entitled to import 140.243 metric tonnes of Alloy steel scrap. The imported goods arrived by the ship in May 1980 and three bills of entry bearing Nos. 6/92, 260/78 and 260/79 were filed on May 8, 1980. The Customs Authorities did not bother to examine the goods till October 8, 1980 and the goods were lying open under the sky. The Appraiser Group of Customs made a report on October 13, 1980 that though the goods importe...
Hong Kong Island Shipping Co. Ltd. Vs. Additional Collector of Customs ...
Court: Mumbai
Decided on: Jul-23-1986
Reported in: 1986(10)ECC232; 1986(26)ELT35(Bom)
Pendse, J.1. The petitioners are a Company incorporated under the laws of Panama and are owners of a motor vessel known as 'Lamma Island'. The petitioners appointed M/s New India Maritime Agencies Private Limited as the Agents in respect of this vessel. The vessel came to the port of Bombay on February 9, 1982 for loading the export cargo and was ready to sail on February 10, 1982, after the cargo was loaded. The Customs Intelligence Officer attached to Dock Intelligence Unit of Customs Preventive Collectorate, in pursuance of the secret information, boarded the ship and searched the cabins of the crew members. During the search, the cabin of sailor Marcellus Lumenpouw, five brown paper wrapped cartons were found hidden in a cupboard. The sailor produced the keys of the cupboard. Five cartons contained 600 pieces of Sharp igeniouslyEL-220 Calculators made in Japan and valued at Rs. 1,80,000/- local price. The calculators were not declared by the crew member, in the private property dec...
Silve Impex (Private) Ltd. and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Jul-23-1986
Reported in: 1988(19)LC474(Bombay); 1986(25)ELT910(Bom)
1. The petitioner No. 1 is a Private Limited Company incorporated and registered under the provisions of the Companies Act and carries on business of import and export. The Government of India published Notification dated June 9, 1978 in exercise of the powers conferred by sub-section (1) of Sec. 25 of the Customs Act, 1962. (hereinafter referred to as the 'Act') exempting the goods specified in the First Schedule of the Notification and imported goods against advance licence issued under Import (Control) Order, 1955 or obtained against the advance release order on canalising agency for release of goods already imported. The goods exempted in the notification were materials required to be imported for the purpose of manufacture of goods or replenishment of the materials used in the manufacture of goods or both for execution of one or more export orders. The exemption prescribed was for the whole of the duty of customs leviable thereon as specified in the First Schedule to the Customs T...
Hong Kong Island Shipping Co. Ltd. and ors. Vs. the Additional Collect ...
Court: Mumbai
Decided on: Jul-23-1986
Reported in: 1988(14)LC141(Bombay)
Pendse, J.1. The petitioners are a Company incorporated under the laws of Panama and are owners of a motor vessel known as 'Lamma Island'. The petitioners appointed M/s. New India Maritime Agencies Private Limited as the Agents in respect of this vessel. The vessel came to the port of Bombay on February 9, 1982 for loading the export cargo and was ready to sail on February 10, 1982, after the cargo was unloaded. The Customs Intelligence Officer attached to Dock Intelligence Unit of Customs Preventive Collectorate, in pursuance of the secret information, boarded the ship and searched the cabins of the crew members. During the search, in the cabin of sailor Marcellus Lumenpouw, five brown paper wrapped cartons were found hidden in a cupboard. The sailor produced the keys of the cupboard. Five cartons contained 600 pieces of Sharp Estimate EL-220 Calculators made in Japan and valued at Rs. 1,80,000/- local price. The calculators were not declared by the crew member in the private property...
Shri Cutchi Visa Oswal Derawasi JaIn Mahajan Vs. B.D. Borude, I.T. Mah ...
Court: Mumbai
Decided on: Jul-22-1986
Reported in: (1987)ILLJ81Bom
1. By this petition filed under Article 226 of the Constitution of India, the petitioners-employer are challenging the legality of Award part-1 declared by the Industrial Tribunal on March 4, 1982 holding that the employer-trust is an undertaking and an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947. The facts giving rise to filing of the petition are as follows.2. The petitioner-trust was formed in the year 1958 and was registered as Society under the Societies Registration Act. The aims and objects of the Trust were to achieve unity amongst Cuthci Visa Oswal Derawasi Jain, to achieve development and progress to their religious, social and educational life and activities, to establish temples. Dharmashalas, educational institutions etc., to institute all acts and activities aimed for furthering fraternity and unity amongst Jain and to raise funds by acceptance of donations, subscriptions, contribution etc. The Trust possesses large number of propertie...
Mackinnon Mackenzie and Co. Ltd. Vs. Audrey D'Costa of Bombay and Anr. ...
Court: Mumbai
Decided on: Jul-22-1986
Reported in: 1987(2)BomCR654; (1986)88BOMLR516
S.J. Pendse, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner employer is challenging the legality of the order dated May 31, 1982 passed by the Deputy Commissioner of Labour (Enforcement). Appellate Authority under the Equal Remuneration Act, 1976. The facts giving rise to passing of this order are required to be briefly stated to appreciate the grievance of the petitioners.2. The petitioners Mackinnon Mackenzie & Co. Ltd. is a Company registered under the Companies Act and the activities carried out are (a) ship owning/operation (b) ship agency (c) ship manning, (d) overseas recruitments, (e) travel and (f) clearing and forwarding by sea and air. The petitioner appointed respondent No. 1 as Confidential Lady Stenographer with effect from August 1, 1952. The Confidential Lady stenographers are attached to an executive and take the dictation and also does the work of filing and attending to telephone messages. There are about 8 to 9 Confidentia...
Union of India (Uoi) and ors. Vs. Godrej Soaps (P) Ltd. and anr. Overruled
Court: Mumbai
Decided on: Jul-22-1986
Reported in: 1987(2)BomCR282; (1986)88BOMLR502; 1986(10)ECC343; 1990LC192(Bombay); 1987(11)LC44(Bombay)
S.P. Bharucha, J.1 The respondents to this appeal (the original petitioners ) purchased 554860 metric tonnes of palm kernel fatty acid (now called 'the said acid') on high-seas basis from the M/s. Dimexon. M/s. Dimexon had imported the said acid on strength of an additional licence issued to it pursuant to the order of the Supreme Court dated 18th April, 1985 in Civil Appeal No. 1423 of 1984. Union of India v. Rajnikant Brothers. The Customs authorities at Bombay refused to permit clearance of the said acid on the ground that canalised items could not be imported even under additional licence. The respondents, therefore, filed a writ petition in this Court requiring the Union of India and the Customs authorities forthwith to permit clearance of the said acid. The petition came up for admission and interim relief before Pendse, J., on 10th July, 1986. The learned judge issued a rule and directed the Union of India and the Customs authorities to clear the said acid within 4 days.2. This ...
Liberty Oil Mills Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-21-1986
Reported in: (1986)LC654Tri(Mum.)bai
1. M/s Liberty Oil Mills filed a petition dated 18-1-1982 to the Government of India under old Section 131 of the Customs Act and this has been transferred to the Tribunal under Section 131-B ibid and is to be treated as an appeal before this Tribunal. The appeal is against the Order No. S/10-58/81/A, dated 24-4-1981 of the Collector of Customs, Bombay, under which he exercised the power under old Section 130 of the Customs Act and reviewed the order of the Assistant Collector of Customs Group 'A' allowing clearance of copra valued at Rs. 20,09,461/- c.i.f. imported by the Appellants under Bill of Entry No. 2368/818, dated 20-2-1981 per s.s. ZINOVIY SOLOYEV. Shri Banatwala submitted that this consignment was by way of replacement under OGL No. 4/80 of goods imported earlier. There was no dispute regarding this fact. Shri Banatwala submitted that the Appellants imported 1000 M/Tons of copra from Zanzibar earlier under Bill of Entry No. 1938/10, dated 1-3-1979.On 10-3-1979 there was fir...
Kantilal Prekjit Patel Vs. Range Forest Officer and Another
Court: Mumbai
Decided on: Jul-21-1986
Reported in: 1986(3)BomCR613
ORDER1. The petitioner has been running a Saw Mill under the name and style of 'Sharda Timber Mart' at Yewat, Tal. Daund, Dist Pune. On 19th March, 1984 the Mobile Squad, Forest Department visited the Saw Mill. The petitioner was then present in the Mill. The squad found in the said Saw Mill 16 logs of teak wood without any marking of forest authority. They also found that they were recently cut. They noticed that truck bearing No. MTS 6429 was being unloaded in the closed compound of the Saw Mill. As the logs appeared to have been recently cut, they suspected some foul play. The panchas were summoned by the Range Forest Officer, who was in charge of the mobile squad. A panchnama was drawn up. A statement of the petitioner was then recorded. The petitioner stated that the Saw Mill was being run by him along with other partners since two years prior to that date, without any licence. The Range Forest Officer seize the truck and also seized the said wood. He also sealed the machinery of ...
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