Mumbai Court March 1989 Judgments
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Ashok S/O Sowardhan Sahare Vs. Nagpur University, Through Its Vice Cha ...
Court: Mumbai
Decided on: Mar-13-1989
Reported in: 1989(3)BomCR143
M.S. Deshpande, J.1. Rule returnable forthwith. Heard.The petitioner who is a member of the Municipal Council, Gondia was elected as a member of the University Senate as a representative from amongst the Municipal Councils from Bhandara district and his name was notified in the Nagpur University Notification dated 18-10-1985. Earlier the election form amongst the Municipal Councillors of the Municipal Councils of the districts Bhandara, Chandrapur, Nagpur, Wardha and Gadchiroli took place on 10-4-1982 and the term of the office of the representatives so elected on 10-4-1982, according to the petitioner was to be of six years as per the provisions of section 20(3) of the Nagpur University Act. The Municipal Councils came to be dissolved throughout Maharashtra on 1-4-1985 and those who were elected to be the representatives on the Senate of the Nagpur University could not enjoy the full term and their term came to an end with the dissolution of the Municipal Councils on 1-4-1985. In the ...
Ranadip Shipping and Transport Co. Pvt. Ltd. Vs. Collr. of Customs
Court: Mumbai
Decided on: Mar-10-1989
Reported in: 1989(42)ELT398(Bom)
1. Whether the consignment imported by the Petitioner falls under Heading 84.22 or Heading No. 87.07 of the Customs Tariff Act, 1975, is the bone of contention between the importer and the Customs Authorities. The further contention is regarding the question whether the petitioner is entitled to refund of the difference of the duty in the event of the first issue being answered in its favour.2. The Petitioner, who carries on business as Steamer Agent and Cargo Handling Agent and Transport Operator, on the 11th of September, 1981 imported Belotti B-75 Container Handling Crane and its spares on behalf of its principals Sea Land Service Inc. U.S.A. of which the Petitioner is the local Agent. The petitioner believing that it was the pioneer in the field of importing the said consignment and not being certain as to the duty that would be leviable on its import, entered into correspondence with the Customs Department. By its letter dated the 23rd of April, 1980, the Petitioner enquired with ...
Union of India Vs. Hindustan Platinum Private Limited
Court: Mumbai
Decided on: Mar-08-1989
Reported in: 1993(42)ECC199; 1989(24)LC757(Bombay); 1989(44)ELT443(Bom)
Sawant, J.1. Although the learned Single Judge by his impugned decision has allowed the petition of respondents, i.e. the original petitioner, namely Messrs Hindustan Platinum (Private) Limited, on two grounds, namely the doctrine of promissory estoppel and the failure of the Government to show that the with-holding of the concessions was in public interest, we are of the view that this appeal can be disposed of only on the first ground and it is not necessary to go into the second ground.2. The admitted facts are that in exercise of the powers conferred under the Import and Export Trade Control Act, 1947 read with the provisions of the Import (Control) Order, 1955, the Central Government had issued public notices relating to the import policy as well as for promotion of exports. During the financial year ending March 31, 1975 and until May 12, 1975, twin benefits, namely cash assistance and replenishment licences were available for export of various goods. Under the said Policy, the e...
Hawaldar (Clerk) Baidyanath Giri Vs. Chief of Army Staff, Indian Army ...
Court: Mumbai
Decided on: Mar-08-1989
Reported in: 1989(2)BomCR406
V.A. Mohta, J.1. Petitioner Baidyanath Giri joined Army Service as a guardman clerk in 1965. In due course, he was promoted as Hawaldar Clerk in 1979. On 12th December, 1987 he was served with a charge sheet for violation of section 64(e) of the Army Act, 1950 (the Act). The charge was that between 6th May and 18th May, 1986, he directly accepted a sum of Rs. 10,000/- a gratification as a motive for procuring enrolment of one Kaushal Kishor. After an enquiry conducted as per the Army Rules, 1954 (the Rules) framed under section 191 of the Act, the District Court Martial as per section 110 read with section 114 was ordered and in it several witnesses were examined and cross-examined. The District Court Martial found the petitioner guilty and imposed the punishment of reduction to the ranks and to suffer rigorous imprisonment for six months. No reasons were recorded. The sentence was subject to confirmation as per section 153. Aggrieved thereby, the petitioner presented a petition as req...
Smt. Carolina A. D'Costa Vs. K.L. Verma and Ors.
Court: Mumbai
Decided on: Mar-08-1989
Reported in: 1990CriLJ1324
G.F. Couto, J.1. The petitioner is the wife of the Peter Camile D'Costa, who has been detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988. By this Writ Petition, she challenges the Order of Detention dated 29th August, 1988, passed by the Joint Secretary to the Government of India against her husband under Section 3(1) of the aforesaid Act, purportedly with a view to preventing him from engaging in the transportation, concealment and conspiring in the export from India of narcotic drugs and psychotropic substances, as well as the Declaration No. 36/88 made on 3rd October, 1988, by the Additional Secretary to the Government of India under Section 10(1) of the same Act.2. The facts that led to the issuance of the aforesaid Order of Detention and Declaration are that on September 5, 1987, the officers of the Rummeging Section of Customs Preventive Collectorate, Bombay boarded vessel 'M. V. Vishva Nandini' which was berthed at 12-A...
Vasudeo Gopal Dhamankar Vs. Vithal Mathur Shet and ors.
Court: Mumbai
Decided on: Mar-07-1989
Reported in: (1989)91BOMLR879
V.S. Kotwal, J.1. The suit premises bearing City Survey No. 2611 are located at Mahad in Raigad District. The Western half portion of this building is in occupation of the present petitioner in the capacity as the monthly tenant the rental being Rs. 30/- per month and which was leased out for running a book shop. The first respondent-plaintiff felt that the petitioner tenant has been in rental arrears for more than six months commencing from 1st of October, 1973. He also was of the opinion that the petitioner had committed act of waste and has not maintained the property as the prudent person would do and thus has violated the prescription under Clause (a) of Section 108 of the Transfer of Property Act. This was mainly on the ground that it was alleged that the petitioner-tenant had removed certain material such as planks, window-panes, etc. The landlord also claimed that there has been non-user of the suit premises by the petitioner without any reasonable cause for the purpose for whi...
Ujjal Singh Avtar Singh Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-07-1989
Reported in: 1989(25)LC35(Bombay)
Desai, J.1. In this writ petition an order of detention passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, dated 22nd April, 1987, for the detention of this detenu stands impugned. The actual detention of the detenu took place in August, 1988, and on 4th August, 1988 along with the various orders, the material on which they were based were served on him.2. The incident on which the order of detention based is one dated 9th November, 1986. On that day the detenu arrived at Sahar Airport from Singapore by Air Canada flight AC-859 and holding Indian Passport. He stood in the red channel. At that time he was called out of the queue. His person was examined by the metal detector and five bars of gold of ten tolas each were found concealed in his rectum. In his statement under Section 108 of the Customs Act the detenu admitted that he had knowingly brought the gold from Singapore and gave the story of being employed by one harpal-singh of Karo...
Mundakkal Parakandathil Ibrahim Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-07-1989
Reported in: 1989(23)LC7(Bombay)
Desai, J.1. The detenu before us is one Mundakkal Parakandathil Ibrahim and his detention is in connection with gold found with his luggage in November, 1987, when he arrived from Dubai at Bombay. When the said luggage was examined one children's toy car was seized. When that car was examined carefully it was found that strips of gold were fixed to the said car. They were sought to be concealed by being painted over. When the paint was scratched off, the yellow metal came to light. The gold was weighed at 1625 gms. According to the customs authorities and as mentioned in the grounds of detention, at International market the value was Rs. 3,00,625.00 and local market value was Rs. 6,17,500/-.2. The statement of the detenu was recorded. The detenu was thereafter arrested. From time to time applications for bail were made. Bail which was initially fixed at Rs. 1,00,000.00 was subsequently reduced. It would appear that the detenu availed of the reduced bail a little later on i.e. in Decemb...
Shri Ashok Kumar Bhawarlal Vs. the Additional Collector of
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-03-1989
Reported in: (1989)(22)LC179Tri(Mum.)bai
1. These are five appeals and as the facts and point of law involved in these appeals are common, I propose to dispose them of through a single order.2. The appellants are licensed Gold Dealers and are engaged in the business of purchase of old gold ornaments which are generally sent to Government of India Mint at Bombay for refining into 24 ct. gold which is further converted into standard gold bars. These appellants after receiving the said gold bars, sell them to other Gold Dealers as well as other persons, who are authorised purchasers of such standard gold bars. These transactions of sale and purchase of gold and gold ornaments are required to be covered by the vouchers duly authenticated by the Gold Control Department. The case of the Department is that the Department had sent summons issued under Section 63 of the Gold (Control) Act, '68 to different persons who are said to have sold their gold ornaments to the appellants; but the said summons were received back undelivered wit...
industrial Credit and Investment Corpn. of India Ltd. Vs. Inspecting A ...
Court: Mumbai
Decided on: Mar-03-1989
Reported in: [1990]32ITD315(Mum)
ORDERPer Garg, AM - This is an appeal by the assessee against the order of the CIT (A) for the assessment year 1985-86. The first ground in this appeal is against the assessment of interest on sticky loans. In its business of financing that assessee used to give development loan to a number of institutions in private sectors. Some of these institutions fall sick or otherwise unable to repay the debt of even the interest. The assessee is generally following mercantile system of accounting. From assessment year 1974-75 it had stopped the practice of crediting the interest to its profit and loss account on such sticky advances on the ground that otherwise the company would be paying tax on interest not realised or incapable of being recovered. It, however, debited the account of the parties for the interest on the loan amounts with the corresponding credits to interest suspense account. From assessment year 1979-80, no entries regarding interest on such loans, as have been considered to b...
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