Mumbai Court February 1989 Judgments
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Polycone Paper Pvt. Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-09-1989
Reported in: (1989)(41)ELT332Tri(Mum.)bai
1. This is an appeal directed agains the order of the Collector of Central Excise (Appeals) bearing No. M-1134/BI-330/85 dated 29-8-1985.2. During the hearing of the appeal, Shri Hidayatullah narrated the facts of the case and submitted that he is confining his arguments only with regard to the refusal o refund amounting to Rs. 9,01,129.79 by the Collector (Appeals) Insofar as the refusa of refund amounting to Rs. 77,238.64 covering the duty on paper cores and spools, he made it clear that he is not Dressing the aooeal with regard to this amount but reserve: his right to agitate in the appropriate forum. There was a dispute about the classifica tion of paper cones and tubes which led the appellants to file an appeal before the Col lector (Appeals), who by his order dated 19-4-1984 upheld the assessee's contention that they are classifiable under T.I. 17(4) and are eligible for exemption under Notification No. 66/82, dated 28-2-1982 exempting Articles of paper.Following this decision t...
Himachem Laboratories Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-09-1989
Reported in: (1990)(45)ELT353Tri(Mum.)bai
1. This is an appeal directed against the order of the Collector of Customs, Bombay, bearing No. SG-9/87-S/10-92/87SIIB dt. 12-1-1988 ordering absolute confiscation of three consignments of Citric Acid declared in the Bills of Entry as Dicyandiamide under Sections 111(d) and 111 (m) of the Customs Act and imposing penalty of Rs. 3.00 lakhs under Section 112(a) of the Customs Act.2. Brief facts of the case for the purpose of disposal of this appeal can be stated as below: 3. The appellants filed three Bills of Entry declaring the goods in three containers as Dicyandiamide 98%. These three Bs of E were assessed on the basis of declaration, on second check basis on 3-3-1987. However, on receipt of certain intelligence, the officers of the SUB kept a watch on different consignments of chemicals imported by the appellants. The intelligence is reported to be to the effect that the appellants firm have imported three consignments declared to contain Dicyandiamide but actually contained some ...
Kolhapur Motor Transport Producers and Consumers Co-operative Society ...
Court: Mumbai
Decided on: Feb-09-1989
Reported in: 1989(1)BomCR521; (1989)91BOMLR652; 1989MhLJ646; 1989MhLJ891
V.S. Kotwal, J.1. The validity and legality of a decree passed on a compromise is the main question that is being posed in this proceeding which had invited a controversy of some allied matters which obviously has expanded the field for adjudication and answer to that question. The suit premises are located on Rajaram Road within the city limits of Kolhapur. The respondents herein are the landlords while the petitioner society was inducted as the tenant in some portion of the building on certain rental basis. The Society fell in arrears from September 1973. An event occurred in between when some portion in possession of the Society was surrended to the landlord with the proportionate scaling down of the rent at Rs. 2,300/- per month. Thereafter also some further portion was surrended by the tenant and the rent was reduced to Rs. 1,600/- per month which finally was further reduced to Rs. 900/- per month as the tenant surrendered additional areas. Since the Society did not pay all the du...
Rajasaheb S/O Balbhadra Goyenka Vs. Ajabro S/O Bapurao Mahalle
Court: Mumbai
Decided on: Feb-09-1989
Reported in: (1989)91BOMLR116
H.D. Patel, J.1. This appeal by the employer is directed against the order dated August 25, 1988 passed by the Commissioner of Workmen Compensation in W.C.A. Case No. 63 of 1987 levying maximum penalty and directing payment of interest at 6 per cent per annum on the amount of compensation awarded.2. The respondents who are dependents of deceased workmen Maroti Mahalle were ordered to be paid compensation amounting to Rs. 44,786/-. Since there was some delay in depositing the amount of compensation, the Commissioner of Workmen's Compensation ordered payment of penalty taking recourse to the provisions of Sub-section (3) of Section 4A of the Workmen's Compensation Act, 1923. A sum of Rs. 22,393/- was hence awarded against the appellant. This was the maximum penalty which could be awarded, under the aforesaid provisions. Besides the penalty, interest at 6 per cent per annum was also awarded from February 22, 1987 till the time the amount of compensation was deposited.3. It was contended o...
Dilip Murlidhar Lodiya Vs. Mohd. Azizul Haq Mohd. Abdul Haq
Court: Mumbai
Decided on: Feb-08-1989
Reported in: AIR1990Bom228
ORDER1. The order passed by theSecond Joint Civil Judge, Junior Division, Akola on 31-10-88 rejecting the defendant's application for amendment of his written statement is challenged in this revision.2. The plaintiff landlord (the present respondent) instituted a suit for eviction against his tenant-defendant (present petitioner). That suit is pending before the Civil Judge empowered under the Provincial Small Cause Courts Act. The defendant has already filed his written statement. However, on 26-9-88 the defendant filed an application for amendment. By this amendment he wants to make out a counter-claim. He wants to claim a permanent injunction restraining the plaintiff, his servants, relatives, friends etc., from creating any sort of obstruction in the user of the road by the defendant for all purposes including by bringing and taking out loaded carts, trucks etc.3. This amendment was opposed by the other party. The trial Court, on hearing both the parties rejected this amendment. Th...
Sant Joginder Singh Kishinsingh and ors. Vs. State of Maharashtra and ...
Court: Mumbai
Decided on: Feb-08-1989
Reported in: 1989(3)BomCR458; (1989)91BOMLR807; 1989MhLJ819
B.N. Deshmukh, J.1. In this petition, the petitioners challenge acquisition proceedings initiated by notification issued under section 6 of the Land Acquisition Act, read with section 126 of the Maharashtra Regional and Town Planning Act, 1966. The facts leading to this petition are :---That, a draft development plan for Nanded town was published in Government Gazette, on 28-12-1972. The land from Survey Nos. 13 and 23 of Vazirabad, Nanded was reserved for recreation park in the plan. The notification under section 6 of the Land Acquisition Act read with section 126 of the Maharashtra Regional and Town Planning Act, 1966 was published on 29 January, 1977. By this notification, the land from Survey Nos. 13 and 23 is being acquired for the public purpose of recreation park.2. It seems that the petitioners approached the State Government in the matter and obtained stay for acquisition, but stay order came to be vacated on 19th November, 1981. Thereafter, this writ petition is filed under ...
Gujarat Alkalies and Chemicals Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-07-1989
Reported in: (1989)(20)ECC117
1. Both the aforesaid appeals arise out of the Order of the Collector (Appeals) bearing No. V-2(28 CETA) 1913/87 3548, dated 1-3-1988.2. Brief facts for the purpose of disposal of these appeals can be stated as below: 3. The appellants M/s Gujarat Alkalies & Chemicals Ltd. are the manufac turers of caustic soda lye through the processing of electrolysis. In the process of electrolysis, they use Coated Titanium Metal Anodes.They claimed the credit of duty paid on this under the MODVAT scheme.The Assistant Collector, while allowing the credit of duty paid on Graphite Anodes totally disallowed the credit of duty paid on Coated Titanium Metal Anodes. The matter was taken before the Collector (Appeals). The Collector (Appeals) held that the noble metal coating on the metal anodes is eligible for MODVAT credit since it gets consumed in the process, whereas hard core of the metal which is not getting consumed will not be eligible for MODVAT credit. Against this Order both the department ...
Abdul Manan Azmi Vs. Sayed Mohammed Askari and ors.
Court: Mumbai
Decided on: Feb-07-1989
Reported in: [1989(59)FLR95]; (1995)IIILLJ230Bom
Pendse, J. 1. By this petition filed under Article 226 of the Constitution of India, the Headmaster and Trustee of An-juman Riyazul Islam High School is challenging legality of judgment dated January 16, 1985 delivered by Presiding Officer, School Tribunal, Bombay, in appeal preferred by an employee under Section 9(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1978 (hereinafter referred to as the 'Act'). The facts which gave rise to the passing of this order are as follows:2. The respondent No. 1 was initially appointed on January 19, 1983 as a peon in the School and the order was to Be effective from February 1, 1983. In March 1983, the respondent No. l was appointed as a Junior Clerk but without any appointment letter. The respondent No. 1 was required to produce certificate indicating passing of Secondary School Certificate Examination but the. certificate was not produced for a considerable long time. On August 28, 1984, the Headmaster s...
Shakirbhai Makbul HussaIn Vs. Smt. Tahera Begum
Court: Mumbai
Decided on: Feb-07-1989
Reported in: AIR1989Bom313; 1989(2)BomCR322
ORDER1. The order passed by the Additional Judge of the Court of Small Causes, Nagpur on 1-9-1988 in Civil Suit No. 481/84 at Ex. 84 rejecting the defendants' prayer for returning the plaint for presentation to the proper Court, has been challenged in this petition.2. Originally the non-applicants had filed a suit for possession and arrears of rent against the applicants 1 to 8. This suit was Small Cause Suit No. 481 of 1984. The defendants 1 Cause Suit No. 481 of 1984. The defendants 1 to 7 were the legal representatives of the original tenant Makbul Hussain, where as the defendant 8 Akbar Ali was added as sub-lessee. The plaintiffs contended that they were the landlords in respect of the suit house; that Makbul Hussain the predecessor of defendants 1 to 7 was inducted as tenant on a monthly rent of Rs. 26/- that the original landlord Mohmad Abdul Hafiz initiated rent control proceedings and obtained permission from the Rent Controller to determine the tenancy of the defendants nd acc...
Ramji Tatoba Patil, Since Dead, Through Legal Heirs and Representative ...
Court: Mumbai
Decided on: Feb-07-1989
Reported in: 1990(1)BomCR265
Sharad Manohar, J.1. Neither law nor equity is in favour of these petitioners. The only point that is probably sought to be set up is that they are the tenants and as tenants they are invested with all the angelic qualities. Evidently, they do not think that the tenants' duty is to pay rent. For years and years together, even the pittance of rent payable they have not paid and still they want this Court's help to prevent the landlords from taking possession.2. Facts are very simple. The lands in question which are agricultural lands are 5 in number totally admeasuring about 5 acres 12 gunthas. Their total assessment is 21 rupees 5 annas. This means that these are very valuable lands. The rent payable hardly exceeds Rs. 350 per year. But even that rent was not paid by the tenants from the years 1952 to 1955. After giving notice for payment of rent each year, the landlords filed an application under sections 14 and 29 of the Bombay Tenancy and Agricultural Lands Act (hereinafter, the Ten...
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