Mumbai Court April 1995 Judgments
Sarang S/O Sham Chobe Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Apr-29-1995
Reported in: 2000(1)BomCR286
ORDERS.B. Mhase, J.1. Rule returnable forthwith with the consent of theparties. 2. The petitioner has approached this Court under Article 226 of the Constitution of India seeking transfer of his admission from Mahatma Gandhi Mission's Medical College at New Bombay to Mahatma Gandhi Mission's Medical College at Aurangabad on medical grounds. The petitioner has submitted application after passing the examination of first year M.B.B.S. held in October/November, 1997 to the Medical Council of India to allow his transfer. The said application was routed through the Dean, Mahatma Gandhi Mission's Medical College, New Bombay in the month of January, 1998. The petitioner was suffering from renal failure. As the said application was not granted by the Medical Council of India, the present writ petition came to be filed. It is pertinent to note that after perusal of the record of the illness of the petitioner, this Court, by order dated 16-10-1998 directed the Medical Council of India to conside...
Tag this Judgment!Rishab Fabricators Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-28-1995
Reported in: (1995)LC466Tri(Mum.)bai
1. This is an appeal directed against the Order in Original No.S/10-282/88-IV, dated 23-12-1988 holding a consignment of heavy melting scrap as liable to confiscation but allowing redemption on payment of fine of Rs. 45,000/-. The appellants are actual users engaged in the manufacture of machinery parts and they have an electric furnace, where the scrap is melted for fabrication into machinery parts and in that connection the present import has been made. They have produced additional licence valid for import of Appx. 5A items figuring in the Policy Book AM 88-91. They claimed clearance against the said licence stating that this item is covered by Sr. No. 17 of Appx. 5A. However, the Department objected to the clearance on the ground that 70% of the goods are oversize and do not conform to the specification of scrap as per Para 23(2)(vi)(c) of the said import policy. It was also alleged that such type of oversize scrap is hit by Sr. No. 147 of Appx. 2B and hence the licence was not ac...
Tag this Judgment!Bastawala Hasanali Kurban Vs. Collr. of Cus. (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-28-1995
Reported in: (1995)(78)ELT704Tri(Mum.)bai
1. This appeal is directed against the Order-in-Original No.S/14-5-59/87 Pint dated 18-12-1987 of the Additional Collector of Customs (P) Bombay, so far as the same relates to imposition of personal penalty of Rs. 40,0007- on the appellant.2. On 17-3-1987, twelve gold bars of ten tola each bearing marking of foreign origin were recovered from the waste bin in the toilet of the air craft of British Airways which had landed in Bombay at 1230 hrs. on that day as Flight No. BA-139 on its route London Bahrain Bombay. The recovery was effected on the information given by the Pilot of the said air craft, to whom the matter was reported by two of their crew members, namely Mr. Learner and Mr. Franco, who also disclosed that about half an hour before landing of the air craft at Bombay, they had seen from the half open door of the toilet, one person bending near the waste bin and concealing something therein, and who, on being requested to identify that person amongst the passengers, who were s...
Tag this Judgment!Audit Bureau of Circulations Vs. Assistant Director of Income-tax.
Court: Mumbai
Decided on: Apr-28-1995
Reported in: [1995]55ITD408(Mum)
ORDERPer M.K. Chaturvedi (JM) - These two appeals by the assessee are directed against the order of the Commissioner of Income-tax (Appeals)-XIII, Bombay, and pertain to the assessment years 1989-90 and 1990-91. Since the issues involved are identical, for the sake of convenience, these appeals are consolidated and disposed of by a common order.2. Briefly the facts:The assessee-company was incorporated on the 28th day of April, 1948 under the Indian Companies Act, 1913, in the name and style of 'Audit Bureau of Circulation Limited'. The name of the assessee-company was changed to 'Audit Bureau of Circulation' as per approval of the Government vide letter No. Rd.(25)N/4/88/8191 dated 25-11-1988. The assessee was registered as a company under section 25 of the Companies Act, 1956. The objects of the assessee-company as listed in the Memorandum of Association includes, inter alia, the following:(a) To secure accurate circulation figures and data relating to all periodicals and media that ...
Tag this Judgment!Oswal Woollen Mills Ltd. Vs. Collector of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-27-1995
Reported in: (1995)(78)ELT673Tri(Mum.)bai
1. This appeal is directed against the Order-in-Original No; S/10-19/38-3, dated 10-2-1988 of the Collector of Customs (P), Bombay ordering confiscation vide Section 111(d) of the Customs Act, of the consignment of Australian Greasy Wool, valued at Rs. 8,63,716/- with option to pay fine of Rs. 42,000/-.2. The appellants sought clearance of the aforesaid consignment as OGL item vide Sr. No. 75 of Appx. 6 List 8 Part II of the Policy Book AM 1985-88. It was however found that the sale contract was dated 24-8-1987, which was submitted for registration with the Textile Commissioner, vide Para 12 of the conditions governing import under Open General licence, as specified in Appx. 6 on 29-10-1987, but was actually registered on 23-12-1987, whereas the shipment had taken place on 18-12-1987. The consignment arrived somewhere in January, as IGM Entry was dated 1-4-1988, and the Bill of Entry was filed on 25-1-1988.The import therefore appeared to have been made in contravention of the provisi...
Tag this Judgment!Surat Electricity Co. Ltd. and Others Vs. Union of India and Others
Court: Mumbai
Decided on: Apr-27-1995
Reported in: AIR1995Bom377; 1995(4)BomCR71; 1996(1)MhLj50
ORDERMajithia, J. 1. The 1st petitioner -The Surat Electricity Co. Ltd. -- and its twodirectors have challenged the order datedMarch 6, 1992 passed by the Company LawBoard, Western Region Bench at Bombay, onreferences under section 22A(4)(c) of theSecurities Contracts (Regulation) Act, 1956 (for short 'the Act') by the 1st petitioner,directing the 1st petitioner to register thetransfer of 14171 shares covering 1215transfer deeds in favour of the transferees, inthis Writ Petition under Article 226 of the Constitution of India. 2. This petition came up for admission before a Division Bench of this Court on March 31, 1992 and it was represented that in this petition similar issues were raised as were raised in Writ Petition No. 684 of 1991. On that basis, the Bench passed the following order:-- 'Rule returnable on 8th June, 1992, Respondents waive service of rule nisi. Since similar issues are raised in this petition as raised in Writ Petition No. 684 of 1991, it is desirable that this pe...
Tag this Judgment!ici Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-26-1995
Reported in: (1995)(78)ELT695Tri(Mum.)bai
1. This is an appeal against the Order-in-Appeal No. PCJ/3/B. III/93, dated 5-3-1993. The following are the issues to be considered in this appeal before the Tribunal. Five items were declared as inputs used in or in relation to the manufacture of the final product but are held to be not eligible to avail of Modvat Credit in terms of Rule 57A of the Central Excise Rules. The disputed inputs are liquid nitrogen, triethylene glocol, (TEG), thermex, finor and KEM Watreat. The other issue is whether Modvat Credit of duty paid on inputs can be availed of and utilised in regard to the clearance of similar final products, if some of the final products are cleared for export under bond in terms of Rule 191BB of Central Excise Rules.2. The appellants are engaged in the manufacture of Polyester Staple fibre and the aforesaid inputs were declared as inputs used in or in relation to the manufacture of the final product. However, the Dept.objected to their eligibility on the ground that they are n...
Tag this Judgment!PravIn S/O Jethalal Kamdar Vs. State of Maharashtra, Through Collector ...
Court: Mumbai
Decided on: Apr-26-1995
Reported in: AIR1996Bom280; 1995(4)BomCR448; (1995)97BOMLR585; 1996(1)MhLj630
ORDERH. W. Dhabe, J.1. The plaintiff has preferred the instant appeal against the judgment and decree of the learned Civil Judge, Senior Division, Nagpur, in Special Civil Suit No. 569 of 1988 dismissing the said suit filed by him for declaration that the sale deed dated 23-8-1976 obtained from the plaintiff by the defendants in respect of the suit property is null and void and, therefore, for the relief that a decree for possession of the suit property be passed against the defendants on refund of consideration of Rs. 2,60,000/-to them.2. Briefly the facts are that the plaintiff was the lawful owner of the house property standing on Nazul Plot No. 120 measuring 16,500 sq. ft. bearing M.H. No. 128 situated in Ward No. 73, Ramdaspeth, Nagpur, whichis described in the Schedule forming part and parcel of the plaint. The plaintiff was duly recorded as the owner of the suit house in the relevant Nazul and Corporation records. It is the case of the plaintiff that the Nazul Plot No. 120 belon...
Tag this Judgment!Mirza MarufuddIn Vs. Galaxy Knives Pvt. Ltd. and Another
Court: Mumbai
Decided on: Apr-26-1995
Reported in: (1997)IIILLJ1238Bom
1. This writ petition under Articles 226 and 227 of the Constitution of India is directed against an order of the Industrial Court, Nasik, dated July 10, 1987 made in Revision Application (ULP) No. 25 of 1987 under the provisions of Section 44 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act'). 2. The First Respondent manufactures industrial knives in its factory at Nasik. On July 26, 1975 the Petitioner joined the service of the First Respondent as a Turner in highly skilled category and was last drawing a wage of Rs. 450/- per 5 month. Towards the end of March, 1980 (there is dispute as to the exact date), he was directed to prepare 24 knives. It is the case of the Petitioner that, though he was given a drawing of the circular knives to be prepared and some oral instructions were also given to him by his Supervisor, Gajjar, he felt that the instructions given by Gajjar were sufficient to prepare the ...
Tag this Judgment!Dugal Projects Development Company Private Limited Vs. Smt. Zanem Loxi ...
Court: Mumbai
Decided on: Apr-26-1995
Reported in: 1996(5)BomCR71
E.S. Da Silva, J.1. Appellants are the plaintiffs who are challenging the dismissal of their suit for specific performance of an Agreement for sale purportedly executed by them with the respondents solely on the point of limitation and without recording any evidence.2. It is the case of the appellants that they have executed the said Agreement with the respondent No. 1 and her husband as vendors on August 17, 1981. Clause 5 of the Agreement provides that the sale shall be completed/executed within a period of 6 months from the execution of the Agreement when upon payment of the balance of money the vendors shall produce all necessary parties required by law and execute a proper conveyance of the properties. Clause 7 lays down that if the vendors fail to execute the sale deed within the prescribed time the vendors shall be liable to pay the purchaser double the amount of earnest money. There is however a rider in this clause according to which in such cases the purchaser shall be at lib...
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