Mumbai Court April 1989 Judgments
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Union of India Vs. Ceat Tyres of India Ltd.
Court: Mumbai
Decided on: Apr-11-1989
Reported in: 1990(26)ECC279; 1990LC235(Bombay); 1989(43)ELT267(Bom)
Mehta, J.1. The issue arising in this appeal is whether the dip solution made use of by the Respondent-Company in the manufacture of tyres attracts the excise duty under Tariff Item No. 15A(1). Tariff Item No. 15A(1) relates to artificial or synthetic resins and plastic materials or artificial resins obtained by esterification of natural resins or of resinic acids.2. The learned Single Judge was pleased to grant rule in terms of prayer (b) of the petition on the ground, firstly, that the dip solution was not an artificial or synthetic resin, and secondly, that it was not a marketable commodity and hence would not attract excise duty. The Delhi High Court had occasion to consider this issue in the case of Indian Plastics and Chemicals Pvt. Ltd. v. Union of Indian and Others, reported in 1981 E.L.T. 108 (Del.), wherein it was stated that artificial or synthetic resin in liquid form cannot attract Tariff Item No. 15A(1). The dip solution at best could be considered as a solution of resin ...
Smt. Sarla Prabhakar Waghmare Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Apr-10-1989
Reported in: 1990CriLJ407; I(1991)DMC310
ORDER1. The applicant is the wife of non-applicant No. 2. Non-applicants Nos. 3 and 4 are the parents of non-applicant No. 2. The applicant was married to non-applicant No. 2 on 8-4-1983. It is alleged by the applicant that almost soon after the marriage her husband and in-laws started demanding a motor-cycle and since that was not given to them by her parents, they started harassing her and subjected her to all sorts of cruelty which led to the prosecution of the non-applicants Nos. 2 to 4 under Section 498-A read with S. 34 of the Indian Penal Code. She was the solitary witness examined on behalf of the prosecution. The trial Court after considering her evidence recorded a finding that offence under Section 498-A of the Indian Penal Code has not been made out and consequently acquitted the non-applicants. The State has not challenged the order of acquittal. However, the applicant has challenged the same by way of revision before this Court.2. Mr. Deshpande has taken me through the Ju...
Kavita Exports Private Limited Vs. Union of India
Court: Mumbai
Decided on: Apr-10-1989
Reported in: 1989(42)ELT393(Bom)
1. The petitioners by this petition claim re-validation of their two REP Licences copies whereof are annexed at Exhibits 'A' and 'B' to the Petition. In the alternative, they pray for issue of two fresh Licences.2. The Petitioners are exporters of stainless steel castings. On the 19th of March 1984 the Petitioners were issued two REP Licences copies whereof are annexed at Exhibits 'A' and 'B' to the Petition. They were valid for a period of 12 months with an additional grace period of two months, for imports of stainless steel melting scrap. Under these licences the petitioners were to open Letters of Credit by 31st of March 1985 and effect shipment on or before 31st of May 1985. The foreign suppliers Messrs. Donarson Ltd., issued their Proforma Invoice dated 3rd December 1984 whereunder the shipment was to be effected between January and March 1985. On the 11th of December, 1984, the Petitioners applied for an irrevocable Letter of Credit in favour of their foreign suppliers through L...
Smt. Shamim Rehmatkhan Vs. V.K. Saraf and Others
Court: Mumbai
Decided on: Apr-07-1989
Reported in: 1989(2)BomCR183; (1989)91BOMLR228; 1990CriLJ381; 1990(1)MhLj342
Daud, J.1. This petition by the detenu's mother questions an order of detention made on 12 December 1988 under Section 3(2) of the National Security Act, 1980 (No. 65 of 1980).2. Nazakat alias Batla, a notorious bully from Vakola locality was murdered by some persons at Shastri Nagar in the jurisdiction of the Vakola Police Station. Batla was interrogated by PSI Sawant prior to his death and at that time he named his assailants as Salim, Aziz, Ramesh and Dilip. This led to the registration of C.R. No. 375 of 1988. In the same night Ramesh, one of the four named persons was nabbed by Vakola Police and on the basis of the information furnished by him, a Police posse formed a ring around room No. 3 of Miranda Chawl, Kalina-Kurla Road, Santacruz (East). This room is in the occupation of the detenu and it was raided because of the information that two of the assailants of Batla had taken asylum there. After reaching the room indicated the posse cordoned of the same. On the door of the room ...
State of Maharashtra Vs. Prakash Hiraman Hingane
Court: Mumbai
Decided on: Apr-07-1989
Reported in: 1989(1)BomCR661; 1989MhLJ626
S.M. Daud, J.1. These appeals arise out of a judgment of the Sessions Judge at Pune choosing to convict the accused Prakash Hiraman Hingane before him of the offence punishable under section 304 Part II of the Indian Penal Code.2. The case against Prakash was that he had deceased Ashok Maruti Chavan belonged to families which owned and were in possession of adjacently situated land at Hadapsar, Taluka and District Pune. The boundary between the two lands had given rise to friction and there were frequent quarrels between the two families. Somedays prior to 12 April, 1986, there had been an exchange of hot words and abuses between Ashok's servant. Complainant P.W. 1 Subhash on the one hand and Mangala, sister of Prakash on the other. Ashok and Prakash were both horticulturists arising vegetables, which they used to take for sale to the market-yard of the Agricultural Produce Market Committee at Hadapsar. On 12 April, 1986 the first to reach the market-yard was the complainant Subhash, w...
Steel Fabricators Vs. Collector of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-05-1989
Reported in: (1989)(24)LC132Tri(Mum.)bai
1. For hearing the applicant's aforesaid four appeals they are required to deposit a total amount of Rs. 10,28,849.23 demanded by the Collector of Customs & Central Excise, Baroda. All the aforesaid demands have arisen out of the common issue. Hence Shri Koruthu argued on the merits of the stay applications in common. Firstly, he pleaded extreme financial hardship and it is impossible for the applicants to make the deposit He took us through the assessment orders of the applicants' firm, balance sheets, individual partner's income to show that the firm has incurred a loss of Rs. 17,688 during the year 1988-89 and the partner's income including agriculture income was only of the order of Rs. 1.29 lakhs during the year 1987. They have sundry creditors to the extent of Rs. 5.95 lakhs. They have sundry debtors to the extent of Rs. 8.85 lakhs, and as of Rs. three lakhs may have to be written off as bad debt. Shri Koruthu also contended that the aforesaid demands are prima facie time ba...
Chandravadan M. Gandhi Vs. Fourteenth Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-05-1989
Reported in: (1990)32ITD274(Mum.)
1. This appeal by the assessee is directed against refusal of relief Under Section 80U which is available by way of deduction from total income on account of total blindness or a permanent physical disability which has the effect of reducing substantially the assessee's capacity to engage in a gainful employment or occupation.2. The assessee suffered from chronic recurrent acute Bronchial Asthma and in support thereof produced a certificate from a Doctor. The ITO rejected the assessee's claim saying that it was not covered by the provisions of Section 80U. The AAC confirmed the ITO's finding and decision.3. Before us, it is pointed out that in Board's circular dated 2-1-1984 it was clearly envisaged that there could be physical handicaps, such as deafness, dumbness and mental retardation which would qualify for exemption Under Section 80U and the list of ailments given in Board's earlier circular dated 20-9-1978 should not be regarded as exhaustive but should be regarded as illustrati...
Keshav Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-05-1989
Reported in: 1990(2)BomCR196; 1990CriLJ152
ORDER1. Since both these revision arise out of a common judgment, they are being disposed of by this common judgment.2. Criminal Revision Application No. 81 of 1988 has been filed at the instance of the accused who convicted by the trial Court for the offence under S. 325 of the Indian Penal Code and was sentenced to a fine of Rs. 500/- and R.I. for one day i.e. till rising of the Court. That order was challenged by the accused before the Session Judge, Nagpur. The learned Session Judge vide order dated 19-4-1988 dismissed the appeal. However while dismissing the appeal. he modified the sentence to two months' rigorous imprisonment and a fine of Rs. 500/-. It is this order which is being challenged before me by way of Criminal Revision Application No. 81 of 1988.3. Criminal Revision Application No. 168 of 1988 is filed at the instance of complainant Shrawan for enhancement of sentence. According to him, the sentence of two months rigorous imprisonment with a fine of Rs. 500/- for offen...
Anand Chintamani Dighe and ors. Vs. Thane Municipal Corporation and or ...
Court: Mumbai
Decided on: Apr-04-1989
Reported in: 1989(2)BomCR564
S.C. Pratap, J.1. The strength of the Municipal Corporation of Thane is of Sixty-five elected councillors. Some weeds back, for reasons not relevant here, as many as thirty councillors resigned, leaving thirtyfive councillors in office.2. At the meeting of the remaining councillors scheduled to be held on Wednesday, 5th April 1989, there are resolution Nos. 529 to 535 relating to the dissolution of the existing twelve special committees and fresh elections thereto. This petition challenges the legality and validity of these resolutions.3. Mr. Pradhan, learned Counsel for the petitioners, contented that it would be an arbitrary and mala fide exercise of power to dissolve the twelve special committees and hold fresh elections thereto. It is not possible to agree. Political expediency apart, power to dissolve special committees squarely vests in the Corporation under sub-section (7) of section 30 of the Bombay Provincial Municipal Corporations Act, (for short 'the Act'), under which provi...
Siraj Sahebji Mujawar Vs. Smt. Roshan Siraj Mujawar and Others
Court: Mumbai
Decided on: Apr-03-1989
Reported in: AIR1990Bom344
ORDER1. This Civil Revision Application raises an interesting and a somewhat intricate issue. The parties are muslims governed by Mahomedan Law. The present application arises out of execution proceedings. Both decree and the appellate order in this case were at the instance of the respondents under the Mahomedan Law.The respondents herein are the plaintiffs in the original suit. They are the then estranged wife and her two children. A composite suit was filed by them being Regular Civil Suit No. 574 of 1982 in the Court of Joint Civil Judge, J. D., Kolhapur against the petitioner -- original defendant husband inter alia for divorce and for the maintenance of the children. The suit was decreed by judgment and order dated June 28, 1984 in terms of which a decree for divorce was passed and the defendant husband was directed to pay a sum of Rs. 100/-p.m. each by way of maintenance of the two children to the divorcee wife. The defendant husband accepted the decree. He did not file any appe...
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