Mumbai Court April 1989 Judgments
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Shingote Processed Foods P. Ltd. Vs. Chief Contlr. of Imp. and Ex.
Court: Mumbai
Decided on: Apr-03-1989
Reported in: 1989(42)ELT389(Bom)
1. The petitioners a private limited company are manufacturers of processed foods. Ninety percent of their foods are exported under replenishment licence. Under the said licence, the petitioners are entitled to import components and raw materials used in their manufacture. They are also entitled to cash assistance at 15% of the Free On Board (FOB) value of the goods exported. The petitioners also obtained the benefit of the Simplified Payment Scheme (SPS) which was introduced in June 1976.2. On 14th February 1983 a firm, M/s. K. B. Shingote & Co. was debarred from receiving export licences for exporting any goods for 10 licencing periods during 1st April, 1983 to 31st March, 1992. This firm had partners who were also the directors of the petitioners-company. On the 20th September 1983, the Controller of Imports & Exports sought to cancel the SPS enrollment of the petitioner on the ground that the directors of the petitioners-company who were partners of the firm K. B. Shingote & Co. ha...
State of Maharashtra Vs. Gopal Amrut Wankhede
Court: Mumbai
Decided on: Apr-03-1989
Reported in: 1989(3)BomCR464
H. Suresh, J.1. The respondent owns a shop in the name of M/s. Sunil Kirana Stores at Anjangaon Surji, district Amravati. On 5-7-1984, Food Inspector Anand Sadashivrao Tayde visited the said shop, disclosed his identity and informed him that he wants to take sample of Groundnut oil for analysis Accordingly, the sample was taken after following the proper procedure. Exh. 13 is the copy of Appendix 'D' from the Food Inspector and it contains an acknowledgement of the accused to the effect that the Food Inspector had purchased the said oil for the purpose of analysis. The accused had not disclosed any details of warranty and source of purchase. A panchanama (Exh. 16) was made, which sits out in detail how the sample was taken and divided into three equal parts and how they were sealed. Thereafter the sample was forwarded to the Public Analyst and finally a report from the Public Analyst was received by the Food Inspector. After obtaining due consent as required under the law, the accused ...
income-tax Officer Vs. Century Spg. and Mfg. Co. Ltd.
Court: Mumbai
Decided on: Apr-03-1989
Reported in: [1989]30ITD216(Mum)
ORDERPer Shri R. N. Singhal, Accountant Member - In this appeal, in department object to the finding of the Commissioner (Appeals) that reopening of the case under section 147(b) is not legally correct.2. In this case, original assessment was completed on 31-8-1977. The assessee had taken foreign exchange loans for acquiring plant and machinery abroad. The instalments of those loans were payable by the assessee in foreign exchange. Consequent upon the fluctuation in the foreign exchange rates, the assessee incurred a bigger liability to the extent of Rs. 17,87,993. In the original assessment in view of the assessees past record this amount was allowed as a deduction on revenue account. After the completion of the original assessment, the Madras High Court decision in CIT v. South India Viscose Ltd. : [1979]120ITR451(Mad) came to the Income-tax Officers notice. In that case the Madras High Court held that further liability arising on account of payment of instalments towards the cost of...
Eknath Jhariba Masurkar Vs. Kohinoor Mills Company Ltd. and Others
Court: Mumbai
Decided on: Apr-01-1989
Reported in: [1989(58)FLR886]; (1989)IILLJ347Bom
1. A simple question of law that has been canvassed in this writ petition under Article 226 of the Constitution is whether a Labour Court has the power to pass a conditional order under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The petitioner-workman made an application before the Second Labour Court at Bombay under Section 33-C(2) of the Act that a sum of Rs. 8,280/- was due and payable to him by the first respondent-employer. The said application was allowed by the learned Labour Judge by his judgment and order dated April 2, 1982 by which the first respondent was directed to pay the balance amount of Rs. 1,656/- out of the amount of Rs. 8,280/- to the petitioner but on condition that he vacated the Company's premises which he was occupying during the course of his employment with the first respondent. The petitioner challenges that part of the order whereby the learned Labour Judge put a condition on him that he would get the amou...
Pandurang Narayandas Sarda Vs. Subhash Gopal Changale and ors.
Court: Mumbai
Decided on: Apr-01-1989
Reported in: 1989(3)BomCR406; 1989MhLJ488
C.S. Dharmadhikari, J.1. As all these four appeals arise out of the common judgment and order passed by the Motor Accident Claims Tribunal, Satara dated 23rd of August, 1988, they were heard together and are being disposed of by this common judgment.2. In an accident which took place on 28th of May, 1984 at about 9 a.m , four i.e. Sandip, Sharad, Sudhakar and Prabhakar died and one Somnath was seriously injured. The Standard Car MHY 4121 initially belonging to one Dr. Harshe of Satara, the appellant who was the Manager of the Janata Sahakari Bank Ltd. Satara. On 13th of March 1984 the Insurance policy of this car was transferred in the name of Pandurang Narayandas Sarda. All the liabilities thereafter were accepted by the New India Insurance Company pertaining to third part risk. Within 2 1/2 months after its transfer the accident took place. Kishor Pandurang Sarda is the son of Pandurang Narayandas Sarda. On the date of accident Pandurang and other members of the family had gone out, ...
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