Mumbai Court January 1995 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Satish Ganesh Saphtarshi and ors. Vs. Kirloskar Oil Engines Ltd. and o ...
Court: Mumbai
Decided on: Jan-27-1995
Reported in: (1995)IILLJ528Bom
B.N. Srikrishna, J.1. This is a writ petition under Article 226 of the Constitution of India directed against an Order of the First Labour Court, Pune, dated 30th April, 1986, in Complaint (ULP) No. 13 of 1984, under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The Petitioners are the ex-workmen of the First Respondent-Company, which carries on manufacture of oil engines in its factory at Kirkee, Pune. It appears that the workmen of the First Respondent were represented by two different unions of divergent views, viz., Association of Engineering Workers, to which the Petitioners belonged, and another I. N. T. U. C. affiliated union, by name Rashtriya Engineering Shramik Sangh. There was a practice of paying homage to the memory of Chhatrapati Shivaji Maharaj, every year, on Shiva Jayanti day, during which the workmen would offer floral tributes to the photograph of Shivaji Ma...
Vinaeca Sinai Manerkar Vs. Bank of India and anr.
Court: Mumbai
Decided on: Jan-27-1995
Reported in: 1996(5)BomCR431
E.S. Da Silva, J.1. Rule, by consent, returnable forthwith.2. This revision is directed against the order of the learned Civil Judge, Senior Division, Vasco da Gama, dated 2nd March, 1994, in Special Execution Application No. 20/92 whereby the learned Executing Judge has disposed of the objections filed by the petitioner/judgment-debtor No. 1 in the execution purporting the same to be an application filed under section 47 of the Civil Procedure Code. By the said order the learned Judge has held that irrespective of the fact that the decree might cover the payment of the principal amount together with interest with quarterly rests the same is not a nullity in spite of the fact that the interest due on such principal amount was not mentioned separately from the principal amount itself in terms of section 34 of the Civil Procedure Code and therefore the submission of the petitioner that the same was not enforceable in law in view of the Full Bench judgment of this Court in the case of Uni...
The Intelligence Officer, Narcotics Control Bureau Vs. Mr. Naushad Ali ...
Court: Mumbai
Decided on: Jan-27-1995
Reported in: 1995(4)BomCR22
M.S. Rane, J.1. The petitioner herein is an Intelligence Officer in Narcotic Control Bureau working under the provisions of Narcotic Drugs & Psychotropic Substances Act, (hereinafter referred to as the said NDPS Act for brevity sake). Respondent No. 1 is one of the accused in a case being NDPS Special Case No. 284 of 1992 on the file of Special Judge, Greater Bombay for the various offences registered under the provisions of the said NDPS Act, Customs Act and Indian Penal Code. The accused-respondent No. 1 moved application being NDPS Special Bail Application No. 406 of 1994 before the Ld. Spl. Judge for bail which the Ld. Spl. Judge by his order dated 20-12-1994 has allowed granting bail to the accused respondent No. 1. The petitioner has come in this revision before this Court challenging the legality and validity of the said order of the learned Special Judge.2. It will be necessary to have brief advertence to the facts in the background of the prosecution case. The offences against...
Indian Diamond Products Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-25-1995
Reported in: (1995)(78)ELT87Tri(Mum.)bai
1. Today only stay petition was listed for hearing. However, at the request of the ld. Consultant and with the consent of the ld. JDR, by granting waiver against the pre-deposit, the entire appeal is taken up for hearing.2. The appeal is directed against the order in original No. 38/EX/94, dated 7-10-1994 passed by the Collector of Central Excise & Customs, Pune confirming the duty demand of Rs. 1,71,046 and imposing penalty of Rs. 75,000/- on the firm and Rs.10,000/- each on the partners. Their plant and machinery also ordered confiscation but allowed redemption on payment of fine of Rs.25,000/-.3. Shri Limkar, the ld. Consultant, appearing for the appellants, submits that he is not arguing the appeal on merits and claiming only a liberal approach on the ground that the appellants right from the initial stage have admitted their mistake in non-compliance with the provisions of Excise Act and that they were in the initial stage of settling in the business and they were not convers...
Ctr Manufacturing Industries Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-25-1995
Reported in: (1995)(78)ELT90Tri(Mum.)bai
1. This appeal is directed against the order in original No. 2/CEX/87 [F. No. V (85)15-41 /Adj/87], dated 26-10-1987 passed by the Additional Collector of CE. & C, Pune, ordering confiscation of the goods found unaccounted in the pre-budget stock with an option to pay redemption fine of Rs. 25,000/- and imposing personal penalty of Rs. 5,000/-.2. Shri Parthasarathy, the ld. advocate, appearing for the appellants, submits that the pre-budget stock declaration was given and on the next date when the officers came for verification 9 pcs. were found not accounted for in the RG 1, which were reported to have been shown as not in manufactured condition as the manufacturers awaited the final check by the customers for whom these machines were tailor-made. He thus submits that there was no mala fide and the order of imposition of penalty and confiscation is not called for. He also pleads that the customers would be eligible for availment of modvat credit, and hence there could be no inten...
Ubaldino Oliveira Vs. Sadanand Ladu Borkar, Since Deceased Represented ...
Court: Mumbai
Decided on: Jan-25-1995
Reported in: 1996(5)BomCR425
T.K. Chandrashekhara Das, J.1. Rule. By consent to be heard forthwith.2. An obstructer in Execution Application No. 19/90 filed Civil Misc. Application No. 305/93 before the Civil Judge, S.D., Margao is the petitioner herein. The aforesaid application filed by the petitioner has been dismissed by the Executing Court by its order dated 11-10-1993. He filed an appeal against that order before the learned Addl. District Judge, South Goa, Margao as Misc. Civil Appeal No. 129/93 which was also dismissed by the Addl. District Judge by judgment dated 30th April, 1994. The petitioner herein challenges this order in this Revision Application.3. The petitioner in brief contends that the respondent No. 1 Sadanand Ladu Borkar (since deceased) filed a suit as Special Civil Suit No. 155/82 against one Luis Vaz and the suit was decreed. Thereupon the aforesaid Sadanand Ladu Borkar filed execution application and the petitioner intervened as third party to obstruct the execution and this is how the im...
Halol Leather Cloth Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-24-1995
Reported in: (1995)(78)ELT91Tri(Mum.)bai
1. Though this day only the stay application was listed for hearing, after hearing both the sides, we find that the matter calls for a remand back to the adjudicating authority. Hence we have decided to dispose of the appeal itself, after granting waiver of pre-deposit.2. This appeal is directed against the Order-in-Appeal No.PCJ-171/BRD/94 [F. No. V. 2(54) 250/BRD/93/2019], dated 12-10-1994 of the Collector of Central Excise (Appeals), Bombay.3. The only issue involved in this appeal is that Modvat Credit amounting to Rs. 1,98,000/- covered by Gate Pass No. 03924, dated 13-1-1992 has been denied to them only on the ground that they did not produce the original gate pass. During the hearing, the Ld. consultant, showed us the following secondary evidences (i) attested copy of the gate pass indicating "original for carrier", true copy of which is attested by the Supdt. Halol. (ii) certified copy of the gate pass issued in lieu of original lost for availing Modvat Credit if not already a...
Prakash Cotton Mills Pvt. Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-24-1995
Reported in: (1995)(78)ELT65Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. V-Adj (18A)15-68/87, dated 4-1-1990 of the Additional Collector of Central Excise, Bombay-I.2. The issue relates to the alleged misdeclaration of cotton yarn declared to be 100 counts, but actually it was found to be 106.8 counts. Hence, the department have issued three show cause notices for the period covering from 1-2-1983 to July, 1984 and in the adjudication proceedings held by the Additional Collector, demand for a sum of Rs. 51,472.95 has been confirmed. The following facts are not disputed.Sample of yarn declared to be 100 counts cotton yarn was drawn on 22-2-1983. On test of the sample it was found to be 106.8 counts as against the declared count of 100. Re-test as requested by the appellant also confirmed the aforesaid count of 106.8. Hence, show cause notices were issued for demanding differential duty as even after allowing 2.5 count, the count found on test was in excess of declared count. Though a plea of time bar ha...
M/S. Inland Carriers (Bombay) Transporters and Another Vs. Smt. Jamila ...
Court: Mumbai
Decided on: Jan-24-1995
Reported in: AIR1995Bom351; 1995(4)BomCR632; (1995)97BOMLR204; 1996(1)MhLj795
ORDER1. The petitioner by filing this petition under Arts. 226 and 227 of the Constitution of India has challenged the order dated 9-1-1989 passed by the Additional District Magistrate, Nagpur, having appellate powers under clause 21 of the C.P. and Berar Letting of Houses and Rent Control Order, 1949.2. By the order dated 9-1-1989 the Additional District Magistrate, Nagpur (for short 'the Appellate Authority') reversed the order passed by the Rent Controller, Nagpur, on 12-12-1977 to the extent he refused to grant the permission to the respondents (for short 'the Landlords') to determine the tenancy of the petitioners (for short 'the Tenant') on the ground of bona fide need under clause 13(3)(vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 (for short 'the Rent Control Order').3. More than two decade be.fore i.e. in the month of Nov. 1974 the landlords filed an application before the Rent Controller, Nagpur, seeking his permission to terminate the tenancy of th...
Nirlon Synthetic Fibres and Chemicals Ltd. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-24-1995
Reported in: 1996(54)ECC50; 1997(96)ELT251(Bom)
Dr. B.P. Saraf, J.1. By this reference made at the instance of the assessee under Section 61(1) of the Bombay Sales Tax Act 1959, the Maharashtra Sales Tax Tribunal, Bombay has referred the following questions of law to this Court for opinion : '1. Whether, on the facts and circumstances of the case and on a true and correct interpretation of entry 41 of Schedule A to the Bombay Sales Tax Act, 1959, the sale of the nylon tyre cord fabrics sold under invoice dated August 28, 1980, is exempt from the levy of tax 2. Whether, on a true and correct reading of entry 41 of Schedule A to the Bombay Sales Tax Act, 1959 is additional duty of excise levied or leviable under the Additional Duties of Excise (Goods of Special Importance) Act of 1957 3. Whether, on the facts and circumstances of the case and regard being had to section 3 of the Additional Duties of Excise (Goods of Special Importance) Act of 1957 was additional excise duty levied or leviable on the tyre cord fabrics produced and sol...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »