Mumbai Court July 1987 Judgments
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Union of India and Others Vs. Advani Oerlikon Limited and Another
Court: Mumbai
Decided on: Jul-03-1987
Reported in: 1988(18)ECC154; 1989(20)LC367(Bombay); 1987(31)ELT44(Bom)
Bharucha, J.1. This appeal arises out of the judgment and order of Pendse, J. making absolute the writ petition filed by the Respondents and permitting the Appellants to ascertain the amount of excise duty to be refunded within three months.2. The Respondents manufacture and sell electrodes. The electrodes are sold in the course of wholesale trade to dealers at the factory gate. Excise duty was levied on the electrodes on 29th May, 1971. Between June 1971 and March 1972 the Respondents paid excise duty on the basis of a price list submitted by them and approved by the Appellants. It was assessed on the maximum list price fixed by the Respondents and the maximum price chargeable by the Respondents' dealers from their customers. The price charged by the dealers was loaded with, inter alia, the trade discount allowed to the dealers by the Respondents. The Respondents became aware, it was their case, by reason of the judgment of the Supreme Court in A.K. Roy v. Voltas Ltd. - : 1973ECR60(SC...
Marybai Marshal Pimenta and anr. Vs. Ramnath Gopal Bhuskute and ors.
Court: Mumbai
Decided on: Jul-03-1987
Reported in: AIR1988Bom108; (1987)89BOMLR338; 1987MhLJ628
Sawant, J.1. This is a reference made by a learned single Judge. The short question that arises in the case is: Has the Civil Court jurisdiction to protect the possession of a party to the suit when he claims to be in possession in his capacity as the tenant either while 'making the reference or pending the reference under Section 85A, Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act').2. In the present case, the plaintiffs claim to be the tenants of an agricultural land situate at Dhovali, Taluka Vasai, District Thane. It is also claimed by them that they were entitled to be declared as statutory purchasers of the suit land under the provisions of the Act. However, for some reasons the proceedings for fixation of the price of the land which are once commenced were subsequently dropped They claim to be in possession of the land since many years prior to the suit and have approached the Court since the defendant-landlords are trying to interfere with ...
Union of India (Uoi), S.K. Bharadwaj, Assistant Collector of Central E ...
Court: Mumbai
Decided on: Jul-03-1987
Reported in: 1988(14)LC696(Bombay)
Bharucha, J.1. This appeal arises out of the judgment and order of Pendse, J. making absolute the writ petition filed by the Respondents and permitting the Appellants to ascertain the amount of excise duty to be refunded within three months.2. The Respondents manufacture and sell electrodes. The electrodes are sold in the course of whole sale trade to dealers at the factory gate. Excise duty was levied on the electrodes on 29th May, 1971. Between June, 1971 and March, 1972 the Respondents paid excise duty on the basis of a price list submitted by them and approved by the Appellants. It was assessed on the maximum price list fixed by the Respondents and the maximum price chargeable by the Respondents' declares from their customers. The price charged by the dealers was loaded with, inter alia, the trade discount allowed to the dealers by the Respondents. The Respondents became aware, it was their case by reason of the judgment of the Supreme Court in A.K. Roy v. Voltas Ltd., : 1973ECR60(...
Agricultural Produce Market Committee and ors. Vs. State of Maharashtr ...
Court: Mumbai
Decided on: Jul-02-1987
Reported in: 1988(1)BomCR168; 1988MhLJ228
V.A. Mohta, J.1. This is a petition by Agriculture Produce Market Committee, Arvi (Petitioner No. 1) and its present Chairman (Petitioner No. 2). Five years term of the Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 ('the Act') is to expire on 6th July, 1987. The Under Secretary to Agricultural and Co-operation Department, State of Maharashtra on a querry made by local M.L.A. had informed him vide communication dated 15-4-1987 (Annexure K) that the instructions for staying the elections of the Market Committee have been issued to the Collector, Wardha, and Director of Marketing, Maharashtra State, Pune. Section 15-A of the Act empowers the District Deputy Registrar to appoint an Administrator upon expiry of 5 years term of the members of the Committee. Petitioners contend (i) that there is no justification for staying the election process; (ii) Section 15-A is directory in character and power can be exercised only when the sitti...
CaptaIn Nanik Karamchandani Vs. Indian Airlines
Court: Mumbai
Decided on: Jul-02-1987
Reported in: (1987)89BOMLR331
S.M. Daud, J.1. Article 226 is invoked to challenge the petitioners supersession and the entire process leading to the selection of respondents 2 to 18 to the post of Deputy Operations Managers (DOMs).2. Respondent No. 1 - hereinafter referred to as the 'Airlines' or the 'Corporation' - is a Corporation established under Section 3 of the Air Corporations Act, 1953 (Act). Section 45 of the Act permits the Airlines to frame regulations not inconsistent with the Act or the Rules framed thereunder vide Section 44, onThe terms and conditions of service of officers and other employees of the Corporation etc. etc,'.3. A limitation placed on this power is that such regulations have the prior approval of the Central Government. Framed under Section 45(2)(b) and with the required previous approval are the Service Regulations for Flying Crew (SRs). These confer a wide latitude upon the Corporation. Regulation 7 leaves it to the Airlines to determine 'from time to time' the number and designation ...
The Raymond Woollen Mills Ltd. and anr. Vs. State of Maharashtra and a ...
Court: Mumbai
Decided on: Jul-02-1987
Reported in: 1987(13)LC219(Bombay)
Bharucha, J.1. The appeal is directed against the summary rejection of the writ petition filed by the appellants.2. The appellants import goods into India and transport them out of the limits of the Municipal Corporation of Greater Bombay to their mills at Thane without payment of octroi thereon. Sometimes, however, when they do not immediately require the imported goods, the goods are stored in Customs Bonded Warehouses located within the Municipal limits. Upon these goods the Municipal Corporation collects octroi and refunds it, except for the element of service charge, when the goods are transported outside the Municipal limits.3. It is the contention of the appellants that since octroi can be collected, under Section 192 of the Bombay Municipal Corporation Act, only on goods which enter Greater Bombay 'for consumption, use or sale therein' no octroi can be collected on goods which are stored in so safe a storehouse as a Customs Bonded Warehouse pending transportation outside the Mu...
Brammer V. Link Belting India Ltd. and Another Vs. C.L. Nangia, Appell ...
Court: Mumbai
Decided on: Jul-01-1987
Reported in: 1988(19)LC340(Bombay); 1987(31)ELT671(Bom)
ORDER1. The first petitioner-company manufactures, amongst other things, what is known as V. Link Beltings. In the court of manufacture of V. Link Beltings the company utilises cotton fabrics, rubber compounds and volatile solvents as raw materials. This process of manufacture is an uninterrupted process which goes through various stages of production. At one stage rubber compound is dissolved in volatile solvents to prepare a solution which is applied to cotton fabrics without the aid of power. After application of the rubber compound the cotton fabric is cut into pieces and these pieces are placed one over the other as per requirement and thereafter they are vulcanised to form sheetings of the maximum size of 18'/24'. The process of vulcanising is necessary to impart elasticity to the sheeting which is essential for the further use of such sheetings in manufacture of V. Link Beltings. The said sheeting is thereafter cut into strips on a sheeting machine, slit and punched into links o...
Metal Box India Limited Vs. Union of India and Others
Court: Mumbai
Decided on: Jul-01-1987
Reported in: 1988(17)ECC371; 1987(31)ELT696(Bom)
ORDER1. The petitioner company, manufactures various kinds of packing materials, containers including tubes popularly known as aluminium collapsible and rigid tubes. These tubes are manufactured by them in a factory situated at Worli, Bombay. The process of manufacturing collapsible tubes consists of forcing slugs or lumps of aluminium through a die under pressure. This operation known as the extrusion operation is carried out in a machine known as the 'Extrusion Press'. After the tube is delivered from the extrusion press, it is finished, that is, trimmed to a correct length and its nozzle is threaded to the appropriate specification. The petitioners says that the operation of extrusion is complete at this stage and the resultant product is known as an extruded tube comes into existence. This item is liable for excise duty under Item No. 27(e) of the Tariff as it stood then.2. The said item 27 also included sub-item (f) relating to containers made of aluminium, and there is an explana...
Metal Box India Ltd. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Jul-01-1987
Reported in: 1988(14)LC131(Bombay)
ORDERH. Suresh, J.1. The petitioner company manufactures various kinds of packing materials, containers including tubes popularly known as aluminium collapsible and rigid tubes. These tubes are manufactured by them in a factory situated at Worli, Bombay. The process of manufacturing collapsible tubes consists of forcing slugs or lumps of aluminium through a die under pressure. This operation known as the extrusion operation is carried out in a machine known as the 'Extrusion Press'. After the tube is delivered from the extrusion press, it is finished, that is, trimmed to a correct length and its nozzle is threaded to the appropriate specification. The petitioner says that the operation of extrusion is complete at this stage and the resultant product known as an extruded tube comes into existence. This item is liable for excise duty under item No. 27(e) of the Tariff as it stood then.2. The said item 27 also included sub-item (f) relating to containers made of aluminium, and there is an...
Metals Manufacturing Co. Vs. B.K. Agarwal, Collector of Central Excise ...
Court: Mumbai
Decided on: Jul-01-1987
Reported in: 1988(16)LC330(Bombay)
ORDERH. Suresh, J.1. The petitioner, company, has a manufacturing unit at Atlas Mills Compound, Reay Road, Bombay. Amongst other items they were manufacturing elevator buckets, water filters, engineering goods etc. The goods they manufactured would fall under residuary item No. 68, as it stood then for the purpose of excise duty. They claimed that they were entitled to a concession of a certain notification bearing No. 89/79 dated March 1, 1979 for the year 1979-80, and upto June 18, 1980. It appears that there were two other concerns known as M/s. Ravi Enterprises and M/s. Alospin. For some reason or the other the department, particularly the Assistant Collector of Central Excise thought that the petitioners were not entitled to concession because according to him the other two concerns also were carrying on the business of manufacturing the same items which will have to be coupled together with the manufacturing activities of the petitioners. It is on that basis he stated that the pe...
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