Mumbai Court October 1991 Judgments
Buckau Wolf India Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-31-1991
Reported in: (1994)(69)ELT423Tri(Mum.)bai
1. This is an appeal directed against the order-in-appeal bearing No.44/91 BCH dated 11-1-1991.2. The undisputed factual position involved in this appeal as is evident from the orders of the authorities below is recorded in hereinafter: The appellants imported a consignment of machinery spares which arrived as air cargo on 28-11-1989. They filed B/E on 30-11-1989. However, there was a delay in making the payment of duty and the duty was paid on 31-3-1990. Since the goods were assessed on second appraisement procedure, after payment of duty they approached the Air India, the appointed warehouse custodian on behalf of the International Airport Authority for producing the goods for customs' examination. However, the packages were not traceable. Thereafter, they corresponded with the Air India without any success. They filed refund claim on 10-4-1990. The claim was rejected by the Asstt. Collector on the ground that the provisions of Sees. 13 or 23 were not fulfilled and it had not been s...
Tag this Judgment!Madhosingh and Others Vs. Smt. Kamla Devi and Others
Court: Mumbai
Decided on: Oct-31-1991
Reported in: 1994(1)BomCR165; 1992CriLJ1858
ORDER1. This criminal application is directed against the order dated 4-3-1991 passed by the learned Judicial Magistrate, First Class, 6th Court, Nagpur in Criminal Case No. 373/89, rejecting the application of the applicants/accused to discharge them from the prosecution. 2. Smt. Kamla Devi wd/o Krishnalal Chawla, filed the complaint case u/Ss. 406, 409, 34 and 109 of the Indian Penal Code, against the present applicants and non-applicant No. 2 Shri Jagdish Singh. According to her, her husband, late Shri Krishnalal Chawla was the member of 'Allied Employees Cooperative Housing Society Ltd., Anant Nagar, Nagpur' which is a registered society. After the death of her husband, the complainant was entered as a member of the said society by transferring the share of her husband in her favour. 3. In the year 1976, the society acquired a piece of land and prepared a layout. Complainant's husband was allotted a plot in the above said society, admeasuring 60' x 60' bearing plot No. 13, in the l...
Tag this Judgment!Bharat Cottage Industries Vs. Union of India
Court: Mumbai
Decided on: Oct-31-1991
Reported in: 1992(59)ELT30(Bom)
Pendse, J.1. Petitioner No. 1 is a partnership firm registered under the Partnership Act, and had placed order for import of 88 Metric Tonne of High Density Polyethylene on Vinmar Impex Inc. U.S.A. On arrival of the imported goods the petitioners filed bills of entries for home consumption. The rate of duty prescribed under Heading No. 39.01/06 of Chapter 39 of the Customs Tariff Act, 1975 in 100%. The Central Government in exercise of the powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 published an exemption notification dated August 2, 1976, inter alia, providing that the goods specified in column (2) of the Table annexed to the notification and falling under the Heading Number in the First Schedule to the Customs Tariff Act when imported into India from specified countries would be entitled to the exemption from payment of duty as specified in column (4). On import the Assistant Collector of Customs levied auxiliary duty, additional duty and landing charge...
Tag this Judgment!State of Maharashtra Vs. P.V. Dunang and ors.
Court: Mumbai
Decided on: Oct-31-1991
Reported in: 1992(2)BomCR91; [1992(65)FLR576]; (1995)IIILLJ436Bom
B.N. Srikrishna, J.1. This writ petition challenges the Award of the Second Labour Court, Kolhapur, dated 31st January, 1983, made in I.D. Act Application No. 394 of 1981, holding that the second respondent is entitled to claim from the Government of Maharashtra a sum of Rs. 95,882/-. The proceeding's before the Labour Court were taken out under Section 33(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').2. The circumstances under which the present petition arises are, to say the least, very distressing. The second respondent was in the service of the petitioner in the Public Health Department. On the coming into force of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Maharashtra Act No. V of 1962), the services of the second respondent were allotted, under Section 242 of the Said Act, to the Zilla Parishad of Sangli District. On account of some rivalry between the District Health Officer of the Zilla Parishad and the second respondent's ...
Tag this Judgment!Shivaji S/O Shrawan Khairnar and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-31-1991
Reported in: 1991(4)BomCR669
B.U. Wahane, J.1. This appeal is directed against the judgment and Order passed by Shri D.U. Khan, Addl. Sessions Judge, Nagpur on 9th April 1987, in Sessions Case No. 220/1984, convicting both the accused (appellants) for the offence punishable under section 366 of I.P.C. and sentencing them to undergo R.I. for one year and to pay a fine of Rs. 100/- each in default of payment of fine each of the accused shall undergo R.I. for one month. The appellant/accused No. 1 further convicted for the offence punishable under section 376 of I.P.C. and sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 300/-, in default of payment of fine to undergo further R.I. for 3 months.2. Both the appellants/accused were chargesheeted and tired for the offence punishable under sections 366, 376 of I.P.C. for kidnapping Smt. Ranjana W/o Liladhar or abducting Srimati Ranjana w/o Liladhar with intent that she may be forced or seduced to illicit inter-course and committing rape on her.3. The facts g...
Tag this Judgment!Maharashtra State Electricity Board and anr. Vs. K.T. Joseph
Court: Mumbai
Decided on: Oct-31-1991
Reported in: 1991(4)BomCR431
D.J. Moharir, J.1. This appeal is directed against a money decree of Rs. 19,099/- passed against the defendants in a suit for recovery of his dues by a contractor engaged by the defendants. 2. The appellants-defendants is the Maharashtra State Electricity Board (hereinafter referred to as the M.S.E.B.) and the second defendant is its Assistant Controller of Stores at Nasik Road. The defendant called for tenders under a tender notice dated 28th August 1971 pertaining to a transporting contract to be given for the year 1972 for its Nasik region. The contract to be given was for clearing, unloading, loading, transporting and stacking of equipments and material of all description and types including heavy machinery received by the Stores of the Defendant at Dhule through Railways, booked in wagons or in small bogies and through road transport to their Store centre as also from Store Centre to the railway station as would be directed by the officer in charge of the stores centre concerned. ...
Tag this Judgment!Haryana Ship Breakers Pvt. Ltd. Vs. Collector of Customs and Central
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-30-1991
Reported in: (1993)LC961Tri(Mum.)bai
1. This is an appeal directed against the Order-in-Original No.6/Collr/1989 dated 26-12-1989 passed by the Collector of Customs & Central Excise, Rajkot, ordering confiscation of the vessel imported for breaking, by the appellants, but allowed the same to be redeemed on payment of fine of Rs. 5.00 lakhs and also imposing personal penalty of Rs. 20,000/- on the appellants.2. Facts of the case are that the appellants are engaged in the activity of ship breaking at Ship Breaking Yard, Alang in Bhavnagar and they hold the SSI Certificate for the activity. They imported a ship for breaking and produced a number of REP licences and additional licences endorsed with flexibility provision available under Paras 177 and 215 of Import and Export Policy 1988-91. However, clearance against the aforesaid licences was objected to by the Department on the ground that the flexibility provision under Para 177 is available only in respect of a single item, which shall not exceed 10% of the overall f...
Tag this Judgment!Indian Organic Chemicals Ltd. and Others Vs. Khopoli New Township Muni ...
Court: Mumbai
Decided on: Oct-30-1991
Reported in: AIR1992Bom134; 1992(2)BomCR441; (1992)94BOMLR318; 1992(2)MhLj958
ORDERK. Sukumaran, J.1. Many think-tanks have been filled with crude raw-materials; and many with refined final products, in the legal process of evolving an endurable end-product in relation to a controversy regarding 'tanks' in the context of local taxation. The latest we could see is that of the I.O.C. with such a large storage of ideas, the work in connection with legal contentions of the Indian Organic Chemicals Ltd. in Khopoli in relation to the tanks they have put up, would not, ordinarily, have been a difficult task. With a clear pronouncement of the final Court in India that such tanks are amenable to assessment for property tax by a local authority, the culmination of the case would have appeared to be very near. Appearance has been deceptive in this case as well. Ingenuity of Counsel, can discover legal arguments in any facet of life. Novelty of an argument, is no reason to condemn it, observed Megary V. C. In a sense, it is such novelty that annexes to the field of law attr...
Tag this Judgment!The Raymond Woollen Mills Ltd. and Another Vs. State of Maharashtra an ...
Court: Mumbai
Decided on: Oct-30-1991
Reported in: AIR1992Bom412; 1992(2)BomCR248
ORDERPendse, J.1. The Petitioner No. 1 is a Public Limited Company incorporated under the Companies Act and runs its factory at Jokegram, Thane. The Company claims to be one of the largest units manufacturing worsted woollen fabrics, polyester wool fabrics, other blended fabrics, woollen blankets, synthetic yarn and blended yarn. The Company imports greasy wool, polyester fibre, acrylic fibre, nylon fibre for the manufacture of its products in the Mills at Thane.The goods are imported from abroad and are received at Bombay Docks. Some of the consignments which are required for immediate consumption are transported to Thane by filing bills of entry for Home Consumption. Some of the consignments are stored in the Customs Bonded Warehouse located within the Municipal limits of Bombay Municipal Corporation. Chapter VIII of Bombay Municipal Corporation Act, 1888 (hereinafter referred to as the 'Act') provides for municipal taxation and S. 192 onwards deals with levy of octroi tax. Sub-sec. ...
Tag this Judgment!Monark Enterprises Vs. Kishan Tulpule and Others
Court: Mumbai
Decided on: Oct-30-1991
Reported in: 1992(2)BomCR406; [1992]74CompCas89(Bom)
D.R. Dhanuka, J.1. The principal question which arises for consideration of the court in these proceedings is whether the impugned transaction dated February 18, 1987, entered into by and between Kishco Mills Pvt. Ltd. (hereinafter referred to as 'the company') and Monark Enterprises relating to transfer of leasehold rights in plot No. 10, Government Industrial Estate, Kandivli, Bombay, and the structures thereon is liable to be treated as void ab initio or is liable to be annulled by the company court under one or the other provisions of the Companies Act I of 1956 (hereinafter referred to as 'the Act'). 2. On August 12, 1987, Shri Kishan Tulpule, Shri Ramakrishna Venkat, Shri Satyanarayan Ramsurat Tripathi and Shri Ramtirath Sukhanarayan Kahar, in their capacity as representatives of the Mill Mazdoor Sabha, an approved and recognised union for the textile processing industry, representing the workmen of the company, filed a winding-up petition in this court, being Company Petition No...
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