Mumbai Court September 1988 Judgments
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Myul Chemicals Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-06-1988
Reported in: (1989)(44)ELT650Tri(Mum.)bai
1. This appeal arises out of and is directed against the order in appeal bearing No. S/49-191/82-M dated 21-4-1982 passed by the Collector of Customs (Appeals), Bombay.2. The appellants' claim for refund of duty was rejected by the Asstt.Collector(MCD) as barred under Section 27(1) of the Customs Act inasmuch as the refund application dated 18-12-1981 was received in his office on 29-12-1981 and the duty had been paid on 28-4-1981. On appeal, the Collector(Appeals) rejected the appeal not on the ground that it was barred by time but on the ground that the claim is a duplicate claim.3. Heard Shri Patel and Shri Prabhu and also perused the available records.4. The Collector (Appeals)' order is not a speaking order. It is not clear from the Collector (Appeals)' order whether any refund had already been granted to the appellants and how the present claim becomes a duplicate claim. Therefore, the Collector (Appeals)' order requires to be set aside and the name is accordingly set aside.5. C...
industrial Factors Limited Vs. V. Prasad, Regional Provident Fund Comm ...
Court: Mumbai
Decided on: Sep-06-1988
Reported in: 1988(3)BomCR651; [1989(58)FLR458]
S.C. Pratap, J.1. Short question for determination in this petition is whether the petitioner-company is entitled to the benefit of the infancy period under section 16 of the Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act') already availed of by the original Company M/s. Saraiya Industrial and Containers Company Private Limited. 2. M/s. Saraiya Industrial and Containers Company Private Limited (hereinafter 'the original company') manufactures of composite containers started manufacturing activity in October, 1963 at the Wagle Industrial Estate, Thane, but closed down the same in July 1972. In November, 1972 pursuant to lease agreement, the petitioner Industrial Factors Limited (for short 'the petitioner company') took on lease from the original Company its imported plant machinery and equipments. It also took over from the original Company its twenty-four employees as also its raw materials and stocks. Later, the petitioner company was converted into a subsi...
Chief Officer, Sangamner Municipal Council Vs. Narayandas Jagannath Ka ...
Court: Mumbai
Decided on: Sep-06-1988
Reported in: 1988(4)BomCR164; 1989MhLJ26
H. Suresh, J.1. The plaintiffs have filed a suit, being Regular Civil Suit No. 57 of 1982, in the Court of Joint Civil Judge, Junior Division, Sangamner, as against the Chief Officer, Sangamner Municipal Council and another, for a declaration that a certain assessment for the year 1981 was illegal and not according to law. It appears that by an order dated March 21, 1983, the trial Court had held that the suit was tenable and the Civil Court had jurisdiction to entertain and try the same. Against this order, the present petitioner, the Chief Officer, Sangamner Municipal Council filed a Civil Revision Application No. 911 of 1983. By an order dated December 3, 1984, the High Court observed that the trial Court while considering the objections to the suit had not taken into account the allegations in the plaint and the law that operates on the subject of Municipal Taxes and its assessments. It was on that basis the said impugned order was set aside and the matter was remitted back to the ...
Municipal Corporation of the City and anr. Vs. Motilal Javharmal Bafna ...
Court: Mumbai
Decided on: Sep-06-1988
Reported in: 1988(4)BomCR406; 1988(18)ECC258
Tated, J.1. The Municipal Corporation of the City of Pune preferred this revision application against the judgment and order dated 11th March, 1985 passed by the learned Additional Sessions Judge, Pune, whereby he allowed Criminal Revision Applications Nos. 314 of 1984, 315 of 1984, 316 of 1984 and 317 of 1984. This criminal revision is directed against the order allowing Criminal Revision Application No. 315 of 1984 by the learned trial Judge.2. The facts necessary for the decision of this revision application are that the Reserve Bank of India on 17th March, 1978 issued a notice of tender for auction of gold. In pursuance of that notice the Reserve Bank received tenders from various traders holding licences under the Gold (Control) Act, 1968, for dealing in gold. The auction of the gold was held by the Reserve Bank on 13th September, 1978. Among the traders who purchased gold from the Reserve Bank in auction there were some traders from Pune. As per the conditions of the auction the ...
Salamabegum, W/O. Shaikh Abdulla and Others Vs. Dt. Branch Manager, Ma ...
Court: Mumbai
Decided on: Sep-01-1988
Reported in: 1988(4)BomCR520; [1990(60)FLR371]; (1990)ILLJ112Bom; 1989MhLJ785
1. This is an appeal by the wife and minor children of a jeep driver SK. Abdulla, who was employed by the Managing Director, Maharashtra State Land Development Bank Ltd., Bombay - the respondent No. 2 and was at the relevant time working with the respondent No. 1, the District Branch Manager, Land Development Bank Ltd., Beed. While the driver had taken the Officers of the Bank at Beed to the village Renapur in the jeep of the Bank on 21st March, 1980 in connection with the recovery proceedings conducted by the Bank and while he had rested the jeep in the Rest House and had gone to the market at Renapur, he was assaulted by some unknown persons in the crowd in the market, and was found dead. He was taken to the Police Station. The appeal is for compensation under Section 30 of the Workmen's Compensation Act, 1923, on account of the death of the jeep driver Sk. Abdulla, on the ground that the death was caused of Sk. Abduall, a workman, by accident arising out of and in the course of his ...
N.K. Satyadas Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-01-1988
Reported in: 1989(1)BomCR416; [1989(58)FLR610]
S.M. Daud, J.1. Petitioner and respondents by Counsel.2. Rule made immediately returnable and heard, Counsel for the respondents to waive service.3. Petitioner sought retirement as from 31-8-1988 A.N. on the basis of Rule 10(5)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982. Respondents dispute the eligibility of petitioner to seek the benefit of the aforesaid rule. The undisputed facts are that petitioner was born on 1-6-1937 and joined service on 15-11-1971. He gave a notice of retirement on 7-1-1988 indicating therein that he be permitted to retire as from 31-8-1988. It was his case that he had joined service before attaining the age of 35 years and had given notice after having attained the age of 50 years.From the correspondence, the stand taken by the respondents appears to be that petitioner joined service in the 35th year of his life and therefore, could not seek retirement under the aforesaid rule. The said rule, to the extent relevant, reads as follows:-'(5) No...
Sangli Zilla Sahakari Nagari Banks Association Ltd. and anr. Vs. State ...
Court: Mumbai
Decided on: Sep-01-1988
Reported in: 1988(3)BomCR713; (1988)90BOMLR454; 1989MhLJ173
C.S. Dharmadhikari, J.1. The main challenge in this petition is to the order issued by the Government of Maharashtra in Agriculture & Co-operation Department, Mantralaya, dated 25th of August, 1977 under the provisions of sub-section (1) of section 79-A of the Maharashtra Co-operative Societies Act, 1960. The said order reads as under:'No. CSM-1377/35758/6-C)Agriculture & Co-operation DepartmentMantralaya, Bombay-32. 25th August, 1977 ORDERWhereas it has come to the notice of Government that Co-operative Institutions employing ten persons or more under them are not implementing fully Government orders regarding the recruitment of new persons and promotion of the existing persons under them in accordance with the policy laid down by Government.And whereas the State Government is satisfied that for the purpose of securing proper implementation of development and welfare programmes approved of undertaken by Government is expedient to issue directive to all co-operative institutions employ...
Salama Begum and ors. Vs. District Branch Manager Maharashtra State Co ...
Court: Mumbai
Decided on: Sep-01-1988
Reported in: I(1990)ACC29
B.G. Deo, J. 1. This is an appeal by the wife and minor children of a Jeep Driver Sk. Abdulla, who was employed by the Managing Director, Maharashtra State Land Development Bank Ltd., Bombay - the respondent No. 2 and was at the relevant time working with the respondent No. 1, the District Branch Manager, Land Development Bank Ltd., Beed. While he the driver had taken the Officers of the Bank at Beed to the village Renapur in the jeep of the Bank on 21st March, 1980 in connection with the recovery proceedings, conducted by the Bank and while he had rested the jeep in the Rest House and had gone to the market at Renapur, was assaulted by some unknown persons in the crowd in the market, and was found dead. He was taken to the Police Station. The appeal is for compensation under Section 30 of the Workmen's , Compensation Act, 1923, on account of the death of the jeep driver Sk. Abdulla, on the ground that the death was caused, of Sk. Abdulla, a workman by accident arising out of and in th...
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