Mumbai Court July 1990 Judgments
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State of Maharashtra Vs. Sayed Mohamed Hashim Al Musavi
Court: Mumbai
Decided on: Jul-07-1990
Reported in: 1991(51)ELT41(Bom)
1. This appeal is filed by the State against the judgment of Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay in Case No. 29/CW/82 acquitting Sayed Mohamed Hashim Al Musavi respondent (original accused No. 1) of the offences punishable under Section 135(1)(a)(ii) of the Customs Act, 1962 and Section 5 of the Imports and Exports (Control) Act, 1947. The prosecution case in brief is as follows :The respondent is a national of Bahrain and in the year 1978 he had brought with him a car under a carnet procedure. The car was to be sent back within a specified time. On 28-2-1980 the respondent brought the car from Pune to Bombay for exporting it to Dubai. On the same day the car was checked for carnet procedure by Nivrutti Sakharam Kardak (P.W. 5) Customs Officer but nothing incriminating was found. After the car was checked, the key was handed over to the cargo supervisor. It was then located on the ship M. V. Noorjehan of Moghul Lines on 1-3-1980. Gaonkar (P.W. 1) Prev...
Shailendra Nath Karthik Chandra Ghosh Vs. Siemens India Ltd.
Court: Mumbai
Decided on: Jul-07-1990
Reported in: 1991(1)BomCR4; (1990)92BOMLR429; [1991(62)FLR154]; (1992)ILLJ166Bom
ORDER1. Whether a Company is justified in withholding the retirement benefits of its ex-employee on the ground that the employee is withholding the possession of the company's flat which was allotted to him as perquisite of his service condition is the short question that arises for determination in the present Notice of Motion.2. The plaintiff, who was in the employment of the defendants, retired with effect from February 11, 1987. It is undisputed that the plaintiff is governed by the retirement benefits scheme for the management grade officers, During the tenure of his service, the plaintiff was allotted a flat which the company under a lease agreement dated July 26, 1968 had obtained from its landlord one U. T. Daswani. The plaintiff was permitted to reside in the said flat as condition of his service. The rent is respect of the said flat was paid by the Company to the said Daswani. After the plaintiff retired, correspondence ensued wherein the Company demanded back the possession ...
S.N. Ghosh Vs. Siemens India Ltd.
Court: Mumbai
Decided on: Jul-07-1990
Reported in: (1992)IILLJ122Bom
1. Whether a company is justified in withholding the retirement benefits of its ex-employee on the ground that the employee is withholding the possession of the company's flat which was allotted to him as a prerequisite of his service condition is the short question that arise for determination in the present notice of motion.2. The plaintiff, who was in the employment of the defendants, retired with effect from 11th February, 1987. It is undisputed that the plaintiff is governed by the Retirement Benefits Scheme for the Management Grade Officers. During the tenure of his service, the plaintiff was allotted a flat which the company under a lease agreement dated 26th July, 1986, had obtained from its landlord, one U. T. Daswani. The defendant was permitted to reside in the said flat as a condition of his service. The rent in respect of the said flat was paid by the company to the said Daswani. After the plaintiff retired, correspondence ensued wherein the company demanded back the posse...
Usman Haidarkhan Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-06-1990
Reported in: 1990(3)BomCR181; 1991CriLJ232; 1990(1)MhLj984
Shah, J.1. The accused who has been convicted of the offence punishable under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and is sentenced to R.I. for 10 years and a fine of Rs. 1,00,000/-, in default further R.I. for 2 years in Sessions Case No. 576/87 on the file of the Sessions Judge, Thane, has preferred this Appeal.2. Briefly stated the facts giving rise to this Appeal are as under :-Accused Usman is a resident of Bhiwandi. P.S.I. Jadhav, Head Constable Kasurde, Head Constable Pathan and Constable Gaikwad of Bhoiwada Police Station, Bhiwandi were attached to the Divisional Detection Branch, Bhiwandi in September 1987. On 23-9-1987 they were on patrolling duty after about 5.00 p.m. and while they were patrolling and when they reached near a hotel by name Tohfa on Kalyan Road at about 6.45 p.m. an informant approached them and gave them information that the accused was selling charas tablets in front of Apsara Talkies and that he was sitting on a pa...
W.G. Forge and Allied Industries Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-06-1990
Reported in: 1990(50)ELT505(Bom)
1. This petition under Article 226 of the Constitution of India was filed by M/s. W. G. Forge & Allied Industries Limited, a public Company, on February 21, 1979 to challenge 21 show cause notices issued by respondent No. 2 on September 28, 1978. The Company was ordered to be wound up by order dated June 21, 1985 and thereafter the Official Liquidator has come on record.2. The Company had imported alloy steel bars, billets and die steel blocks between the period commencing from December 1975 and June 1977. The Company had a licence to store the imported goods in bonded warehouse and under that facility the consignment on import were stored in the bounded warehouse. The duty payable on the import i.e. at the time of the goods was 75% ad valorem, that is 60% basic and 15% auxiliary. On June 18, 1977 a notification was published by Government of India reducing the duty to 40% ad valorem, that is 35% basic and 5% auxiliary. The goods were cleared by the Company from the bonded warehouse be...
Embee Corporation Vs. State of Maharashtra
Court: Mumbai
Decided on: Jul-06-1990
Reported in: [1990]78STC311(Bom)
T.D. Sugla, J.1. At the instance of the assessee, Messrs. Embee Corporation, the Sales Tax Tribunal has referred to this Court the following three questions :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the appellant was not an agent of the Director-General of Supplies and Disposals, in bringing about the import of the carbamite from West Germany ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there were two sales and that the two sales were not integrated transactions ?(3) Whether, the sale by the applicant to the Director-General of Supplies and Disposals was only an inter-State sale and not a transaction in the course of import, in view of the meaning of Section 5(2) of the Central Sales Tax Act?'2. The assessee, Messrs. Embee Corporation, during the period 6th November, 1972 to 26th October, 1973, carried on business of buying and selling chemicals. In response...
Nanhekhan Gulabkhan Pathan Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-06-1990
Reported in: 1992(2)BomCR121
A.D. Mane, J.1. In this writ petition, which is filed under Article 226 of the Constitution of India there involves a short but important question regarding procedure prescribed under section 59 of the Bombay Police Act, 1951 (hereinafter referred to as the Act). By this order dated December 1, 1989 the Sub-Divisional Magistrate, Aurangabad, who is respondent No. 2 herein, has passed the order of externment under section 56(1)(a) of the Act, against the petitioner, requiring him to remove himself outside the district of Aurangabad, for a period of two years. The petitioner has filed his appeal under section 60 of the Act to the State Government-respondent No. 1, but his appeal has been dismissed on March 23, 1990. The petitioner is challenging these orders in this writ petition. 2. The petitioner is a permanent resident of Bidkin, Tahsil Paithan, District Aurangabad. The petitioner has stated that he is a active social worker and also political worker of Congress (1). He is a member of...
Arun Wamanrao Shinde Vs. Prakash Bhagwan Dalvi and Others
Court: Mumbai
Decided on: Jul-05-1990
Reported in: AIR1991Bom128; 1990(3)BomCR387
1. The short question arising in this appeal is the correctness or otherwise of the trial Court's finding on a preliminary issue about its not having jurisdictionto entertain the suit pursuant to S. 91(1)(b) ofthe Maharashtra Co-operative Societies Act,1960.2. Appellant plaintiff's case was that defendant 2 was a Co-operative Housing Society with Defendants 3 to 5 being its office bearers. Prior to me formation of Defendant 2, certain persons had joined hands to promote the said society and enrol members. One of the persons enrolled was defendant 1. The 1st defendant made certain payments towards the cost of a flat etc. His financial position becoming difficult he assigned his right, title and interest on or about 3 Dec. 1982 to the plaintiff. Physical custody of the receipts showing the payments made by defendant 1 coupled with a letter of resignation were made over to the plaintiff. On the basis of these documents the plaintiff started making payments to the society and attending its...
Rajkumar Aggarwal Vs. B.S. Rawat, Asstt. Collector of Customs
Court: Mumbai
Decided on: Jul-05-1990
Reported in: 1990(50)ELT498(Bom)
1. This is an application for bail. The Petitioner is prosecuted under Sections 8, 21, 23, 25, 28 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and under Section 135(1) of the Customs Act.2. The Petitioner is a partner of Messrs. Geeta Travels. He works as a clearing agent. On 7-11-1989 one Onu, foreign national, gave one wooden crate to the Petitioner for sending it to Lagos. Onu had given him travel documents being bills issued by Regal Glass Wares, passenger ticket and passport. He also had handed over the declaration form. Onu informed the petitioner that he would be leaving on 9th or by the next available flight. As it was necessary to mention the date of departure in the instructions form, the Petitioner wrote 9th November 1989 as date of departure. The wooden plank on the top of the crate was not nailed. It was to be checked by the Customs. On 8th November, 1989, the Petitioner opened the crate to make inventory of the articles. He found that the crate contain...
Controller of Estate Duty Vs. Bipinchandra M. Patel
Court: Mumbai
Decided on: Jul-05-1990
Reported in: (1990)92BOMLR504
T.D. Sugla, J.1. The main question of law involved in these four estate duty references at the instance of the Department is common. For the sake of convenience, all these references are disposed of together. The questions of law referred to this Court in the individual references are-Estate Duty Reference No. 21 of 1976Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the estate duty liability should be deducted in the computation of the principal value of the estate of the deceased?Estate Duty Reference No. 30 of 19761. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that in the computation of the principal value of the estate of the deceased, the estate duty payable in respect of the estate of the deceased should be deducted?'2. Whether on the facts and in the circumstances of the case, the Tribunal erred in holding that tax liability with reference to annuity deposit was not a burden and/o...
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