Mumbai Court July 1991 Judgments
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Parle Products Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-26-1991
Reported in: 1991LC373(Bombay); 1991(56)ELT52(Bom)
Pendse, J.1. The petitioner No. 1 is a Company registered under the Companies Act and carries on business of manufacture of biscuits and sweets. For the purpose packing biscuits and sweets, the Company purchases from various suppliers duty paid aluminium foils, of thickness of less than 0.15 mm. It is feasible for the Company to pack the products into plain aluminium foils, but having regard to the market requirements, the aluminium foils are backed with plain or printed paper for the purpose of making the same suitable and serviceable for packing the products. Gum is applied to one side of the foil by passing it over a roller dipped in adhesive and the foil with adhesive applied to one side is combines with plain or printed paper resulting in paper backed aluminium foil. 2. Tariff Item No. 27 of the First Schedule to the Central Excises and Salt Act, 1944 provides for levy of excise duty on aluminium and Entry 27(c) reads as under : ----------------------------------------------------...
Bacharam Dhondi Katkar Vs. Laxman Anandrao Katkar Deceased by His Heir ...
Court: Mumbai
Decided on: Jul-26-1991
Reported in: 1991(3)BomCR105; 1991(1)MhLj1248
P.S. Patankar, J.1. This appeal raises a short but interesting question i.e. whether a mortgagee or assignee of mortgagee can recover actual possession of mortgage property, in the facts of the present case, from the mortgagor or purchaser who has taken forcible possession of the mortgaged property? A few facts which are necessary for understanding and appreciating the point involved in the matter are as follows:---2. There were 8 properties which were owned by one Rajaram i.e. the father of defendants 2 and 3. The said Rajaram effected a mortgage by conditional sale dated 20th July, 1936 for Rs. 1,500/- in favour of one Shankarlal Marwari. It was mortgaged for a period of 5 years and produced at Exhibit 79. The said Shankarlal Marwari in turn effected an assignment of the rights of the mortgagee in favour of one Harisaheb Jadhav by Deed dated 23rd August, 1938. It was also for Rs. 1,500/- and the Deed is produced at Exhibit 80. The said Harisaheb expired sometime in 1948 without havin...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Panvel Industrial Cooperativ ...
Court: Mumbai
Decided on: Jul-26-1991
Reported in: II(1992)ACC623
P.S. Patankar, J. 1. The only point involved in this appeal is whether there was a concluded contract of insurance between the parties on 24th December, 1973 so as to foist liability upon the insurance company, the appellant herein.2. A few facts are as follows:The respondent has constructed 28 sheds at Panvel in 1973. Out of those 28 sheds, shed standing on plot No. 54 was allotted to one Jani who was having partnership business in the name of Synthetic Esters and Chemicals. One V.B. Shaha was working as an agent of the appellant insurance company. On 24th December, 1973, he approached the respondent's Manager for the purpose of insuring those 28 sheds with the appellant. Shaha ascertained the premium and a cheque of Rs. 3,800/- was paid by the Manager of the respondent, In , token thereof, Shaha also signed on counterfoil. On the next day in the morning, the shed which was standing on plot No. 54 caught fire and was damaged extensively. The Manager of the respondent informed this to ...
AbdullabIn Ibrahim Arab Vs. Collector of Customs (Prev.)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-25-1991
Reported in: (1992)(41)LC626Tri(Mum.)bai
1. The appeal is directed against the order-in-original No. 74/Addl Collr/1983 dated 18.1.1984 ordering absolute confiscation of 10,394 silver coins weighing 124.186 kgs. vide Section 113(c)(1) of the Customs Act, and also imposing personal penalty of Rs. 25,000/- vide Section 114 of the Act, on the appellant.2. On the information received and under a search warrant issued by the Assistant Collector of Customs, Bhuj, the residential premises of the appellant were searched by the officers of the Customs Department on 30.3.1983, during which the officers recovered 10,394 pieces of silver coins totally weighing 124.186 kgs by digging up the bottom of one cupboard fixed in the wall of a room. The appellant expressed his inability to produce any documents in relation to the said coins, and in his statement, recorded under Section 108 of the Customs Act on 31.3.1983, stated that he himself was unaware of existence of those coins and knew only, when the customs officers found them out with t...
Corn Products Company (India) Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-25-1991
Reported in: 1991(55)ELT460(Bom)
ORDERPendse, J.1. Yesterday, when this petition came up for admission we made it clear to the counsel for the respondents that we propose to dispose of the petition finally at the stage of admission itself as the issue involved is extremely narrow. The Assistant Collector of Central Excise by impugned order dated May 10, 1991 found that the product manufactured by the petitioner is not excisable. After recording this finding the claim for refund was turned down by relying upon decision in Roplas case reported in : 1988(38)ELT27(Bom) . It is unfortunate that the Assistant Collectors are repeatedly rejecting the claim for refund by relying on the decision in Roplas case when the said decision is no longer a good law as repeatedly declared by this Court. The action of the Assistant Collectors in ignoring the decision of this Court and relying upon Roplas case is extremely disturbing and in case the Assistant Collector indulges in this action hereafter we propose to take very serious actio...
John Solomon of Bombay India and ors. Vs. Municipal Corporation of Gre ...
Court: Mumbai
Decided on: Jul-25-1991
Reported in: 1991(3)BomCR711
S.M. Daud, J.1. Plaintiffs, the trustees of the Jewish Cemeteries Trust (JCT) seek alternating reliefs in regard to lands at Grant Road and Haines Road, Bombay. Plaintiffs' case 2. The JCT is a public trust registered as such under the Bombay Public Trust Act, 1950. This trust was looking after the maintenance of two cemeteries of the Jewish Community of Bombay- these being located at Grant Road and Haines Road. The burial ground at Grant Road had been fully occupied. However the ground did not cease to be a cemetery. This was on account of Jewish tenets which hold burial grounds to be sacrosanct and incapable of other uses. Three portions of the cemetery land were set apart, two being leased to Bhagirathibai and the Ahmed Umar Oil Mills respectively. The third was utilised by the trust for the quarters of a care-taker. On or about 6-2-1956 three of the then eight trustees without the knowledge and consent of their co-trustees let out the remaining land to defendant 28 (sometimes wrong...
Karamchand Deojee Sanghavi Vs. Tulsiram Kalu Kumawat
Court: Mumbai
Decided on: Jul-25-1991
Reported in: 1991(4)BomCR76
N.P. Chapalgaonkar, J.1. Petitioner-landlord herein had filed Regular Civil Suit No. 87/1976 for the eviction of the tenant on the ground of default in the payment of the rent for a period of more than six months and for his bona fide reasonable need. He also prayed arrears of the rent for last three years and notice expenses. It was contended by the landlord that a room admeasuring 10 ft. x 8 ft. and open space admeasuring 15 ft. x 8 ft. which is part of the property known by City Survey No. 3912, 3915 and 3917 situated at Dattawadi in Chalisgaon town was let out by the original landlord tenant respondent for a monthly rent of Rs. 2/- and the tenant has not paid the rent from 1st of February, 1967 to 28th February, 1975. The property in dispute came to be purchased by the present petitioner on 20th March, 1971.2. Plaintiff issued a notice purporting to be under section 12 of the Bombay Rents, Hotel and Lodging house Rates Control Act, 1947, claiming that the tenant should pay a sum of...
Suman Parmananddas Mundhada and ors. Vs. Saroj Screens Private Ltd. an ...
Court: Mumbai
Decided on: Jul-25-1991
Reported in: (1992)94BOMLR829
H.D. Patel, J.1. The aforesaid two appeals arise from the judgment delivered by the Joint Civil Judge, Senior Division, Nagpur, on 28th day of April, 1980 in Special Civil Suit No. 96 of 1974 decreeing the plaintiffs claim by calling upon the original defendant Nos. 1(a) to 1(d) to execute a deed of assignment in favour of the original plaintiff upon their depositing Rs. 79,000/- within two months and assigning all their legal rights in the suit plot in favour of the original plaintiff. Upon execution of such assignment deed the original defendant No. 2 was directed by the decree to execute the lease deed for a period of 30 years on revised ground rent of Rs. 4,000/- per year commencing from 17th March 1974 in conformity with the conditions noted in the original lease-deed (Exh. 120). Appeal No. 95 of 1980 is filed by original defendant Nos. 1(a) to 1(d), whereas Appeal No. 96 of 1980 was filed by original defendant No. 2. Since both the appeals arise from a common judgment they are be...
State of Maharashtra and ors. Vs. Ganpat Pandurang Sankhe and anr.
Court: Mumbai
Decided on: Jul-24-1991
Reported in: 1992(1)BomCR409
S.P. Bharucha, J.1. We have before us several writ petitions and appeals in which the principal question is : is Vanjari (an Other Backward Class) a synonym of Banjara (notified as a Vimukta Jati). As a matter of convenience, this appeal, though it is an appeal against the grant of interim relief in a writ petition, is, by consent of all concerned, heard and treated as determinative. We have heard Mr. Gursahani, who appears for the petitioners in all the matters; Mr. Saraf and Mr. Chogle, who appear for the State Government; and Ms. Madhyan, who appears in some matters for the Municipal Corporation of Greater Bombay. We have permitted Mr. S.C. Dharmadhikari, to intervene on behalf of the All India Banjara Sewa Sangh. 2. The petitioner was admitted in 1948-49 to the A.E.S. High School at Palghar in District Thane in the State of Maharashtra. In the School's record his caste was shown as Hindu Vanjari. In 1959 the petitioner came to Bombay for the purposes of employment. In February 1980...
Nanded Textile Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-22-1991
Reported in: (1992)(59)ELT562Tri(Mum.)bai
1. This is an appeal directed against the order passed by the Collector (Appeals) bearing No. KVV-46/91 Aurangabad dated 5-2-1991. The facts required for disposal of the appeal are that while assessing the RT 12 Returns of the appellant, the Supdt. made an endorsement directing them to pay a sum of Rs. 5,18,282.87 and also duty on quantity of yarn lost in weaving process amounting to Rs. 2481.66 by way of debit in the PLA.The RT 12 Returns was received by the appellant, after assessment, on 20-10-1984. They entered into correspondence with the Supdt.challenging the aforesaid duty amount directed to be paid. The Supdt.however, did not issue any show cause notice answerable to the Asstt.Collector. The appellant took up the matter to the Asstt. Collector on their own by addressing a letter to him on 9-9-1985. Thereupon personal hearing was granted by the Asstt. Collector and he passed the order holding that the order of assessment is appealable to the Collector (Appeals) and no appeal ha...
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