Mumbai Court July 1995 Judgments
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J.F. Soni Vs. Collector of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-07-1995
Reported in: (1996)(81)ELT495Tri(Mum.)bai
1. This appeal is directed against the Order-in-Original No.13/Cus/2990, dated 31-7-1990 passed by the Additional Collector of Central Excise & Customs, Pune, so far as it relates to ordering absolute confiscation of one gold chip (pendant) of purity of 999.9 under Section 111(d) of the Customs Act. It may be observed that proceedings were also initiated under the provisions of the Gold (Control) Act, which have been separately dealt with. This order of confiscation is under the Customs Act. A penalty of Rs. 2500/- has also been imposed on appellant Shri J.F. Soni. Some ornaments and primary gold were seized from the appellant. Out of which one article was found to have purity of 999.9. The seizure was effected only under the provisions of the Gold (Control) Act. However, when the notice came to be issued it was also a notice under Section 124 of the Customs Act and the order of absolute confiscation has been passed.2. Shri K.P. Joshi, the Ld advocate for the appellants submits th...
Comrade Kallappa Laxman Malabade Vs. Prakash Kallappa Awade
Court: Mumbai
Decided on: Jul-07-1995
Reported in: AIR1996Bom5; 1996(3)BomCR101; (1995)97BOMLR453
ORDER1. In this matter, earlier when it was taken up for admission, it was found that the petitioner has joined, as party respondent to the petition, only the returned candidate, whereas as a matter of fact at the election to the Maharashtra Legislative Assembly for Ichhalkaranji Constituency No. 278 held in February, 1995 which is the subject-matter of this petition, in all 7 persons contested. The petitioner was one of them and the returned candidate was the other of them. The remaining five candidates have not been joined as parties to this petition. 2. Prima facie, at the admission stage of the petition, it appeared that by virtue of Section 86 of the Representation of the People Act, 1951 (for short 'the Act'), the Court was obliged to dismiss the petition for Section 82 of the Act required the petitioner to join to this petition as parties, all contesting candidates other than the petitioners, in view of the fact that the petitioner, in addition to claiming a declaration that the...
Shailesh Harilal Shah and Others Vs. Matushree Textiles Ltd. and Other
Court: Mumbai
Decided on: Jul-07-1995
Reported in: [1995]82CompCas5(Bom)
M.L. Pendse J.1. Matushree Textiles Limited is a public limited company incorporated under the Companies Act, 1956 (hereinafter referred to as 'the Act'), and the authorised share capital of the company is Rs. 1,50,00,000 only divided into 15,00,000 equity shares of face value of Rs. 10 each. The subscribed capital is Rs. 89,00,000 divided into 8.90 lakhs shares. The shares of the company are listed on the Bombay Stock Exchange and at the relevant time, the value quoted was Rs. 40 per share. The seventh annual general meeting of the company was held on September 30, 1989, for the year ending March 31, 1989, and, consequently, the eighth annual general meeting was statutorily required to be held as per section 166 of the Act latest by December 31, 1990. The meeting was not convened by the company within the stipulated time. The eighth annual general meeting for the year ending March 31, 1990, was convened on September 30, 1991, by notice under September 2, 1991. The notice to the shareh...
In Re. Shree Saibaba Castings (P.) Ltd.
Court: Mumbai
Decided on: Jul-07-1995
Reported in: [1997]88CompCas696(Bom)
D.R. Dhanuka, J.1. These petitions have been filed by Shri Saibaba Castings Pvt. Ltd., hereinafter referred to as 'the transferor company', and Kamanwala Industries Ltd., hereinafter referred to as 'the transferee company', for sanction of the court in respect of the scheme of arrangement and amalgamation annexed as exhibit 'C' to both the petitions with or without modifications as the honourable court deems fit. 2. By the proposed scheme, the transferor company is sought to be amalgamated with the transferee company on the footing that the transferee company shall allot to the members of the transferor company one equity share of the transferee company of Rs. 10 each (fully paid-up) for 10 shares of Rs. 10 each (fully paid-up) held by the member concerned of the transferee company is sought to be increased as set out in the said scheme. The transferee company has agreed to discharge all the liabilities of the transferor company and has agreed to take over all the employees of the tran...
Reliance Beach Inn Ltd. and Others Vs. Margaret Mascarenhas and Anothe ...
Court: Mumbai
Decided on: Jul-07-1995
Reported in: [1998]91CompCas681(Bom)
T.K. Chandrashekhara Das J.1. A private criminal complaint as No. 21/OA/1994/D was filed in the Court of the judicial Magistrate, First Class, Panaji, by the first respondent against the petitioners in this criminal miscellaneous application under section 138 of the Negotiable Instruments Act, 1881 (hereinafter called 'the Act'). In the complaint filed before the magistrate, the first respondent has stated that the first petitioner is a company and the second petitioner is the director of that company, in charge and responsible for the company and the third petitioner is the financial adviser to the company. It is further alleged in the complaint that the first petitioner had executed an agreement dated December 2, 1993, for sale of certain property described in the agreement there to whereby petitioner No. 1 was represented by the second petitioner. In pursuance of the agreement between the parties, it is alleged that the first petitioner-company paid Rs. 1,00,000 through cheque beari...
Ranchhoddas Mathuradas Goculdas Vs. Miss. K. T. Randelia, First Income ...
Court: Mumbai
Decided on: Jul-07-1995
Reported in: [1996]217ITR763(Bom)
S.H. Kapadia, J. 1. By this petition, the petitioner is challenging the validity of notice under s. 148 of the IT Act, 1961, dt. 31st March, 1987, by which the ITO purported to commence reassessment proceedings for the asst. yr. 1978-79. The previous year of the petitioner for the said asst. yr. 1978-79 was the year ending on 31st March, 1978. 2. The facts giving rise to this petition, briefly, are as follows : During the relevant previous year, the petitioner was a partner in a firm known as Kosan Gas Company. The firm was established in 1957 for carrying on the business of bottling and distribution of liquid petroleum gas. The previous year of the firm for the purpose of income-tax was 30th June. Up to 31st May, 1977, the firm consisted of nine partners including the petitioner and the petitioner's share in the said firm was 34.2 per cent. On 31st May, 1977, it was decided by the partners of the said firm to revalue the assets. On such revaluation, the value of the assets in the book...
Citric India Ltd. Vs. Assistant Collector of Customs, Bombay
Court: Mumbai
Decided on: Jul-07-1995
Reported in: 1995(80)ELT28(Bom)
S.H. Kapadia, J.1. In the above matter the Appellate Authority viz. Collector of Customs by his Order dated blank (Exhibit : D to the Petition) came to the conclusion that the petitioners were entitled to the benefit of Exemption Notification as they had imported the bulk drugs. 2. Despite the Order of the Collector of Customs (Appeals) directing the Department to give benefit of exemption with regard to import of Calcium Citrate, which the petitioners subsequently also imported, Respondent No. 1 refused to give the benefit of Exemption Notification. It is surprising that the Assistant Collector of Customs has refused to follow the Order of the Collector of Customs regarding exemption on import of Calcium Citrate. In the circumstances, we find merit in the Writ Petition. 3. At the time of admission of the Petition, the goods were cleared on the petitioners giving Bank Guarantee. In the circumstances, Writ Petition is allowed with no order as to costs. The Bank Guarantee furnished by pe...
Prav Electro Spark Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jul-07-1995
Reported in: 1995(80)ELT29(Bom)
S.H. Kapadia, J. 1. Being aggrieved by the denial of the benefit of exemption Notification (Exhibit-B to the Writ Petition), the present Petition has been filed. 2. Facts giving rise to this Petition, briefly, are as follows : 3. Petitioners imported in June 1982, universal measuring instrument alongwith a set of probes. Petitioners filed their Bill of Entry on June 14, 1982 for home consumption. Petitioners claimed benefit of exemption under Notification No. 49, dated 1st March 1978 (Exhibit-B). The Customs rejected petitioners' claim for refund. The goods were cleared on payment of duty on June 25, 1982 of Rs. 1,41,302. Thereafter, petitioners filed refund application on July 25, 1982. By an Order dated February 12, 1986, the refund application was rejected by the Assistant Collector of Customs (Refund) on the ground that although measuring instrument with a set of probes was imported, it was not imported alongwith special probes and, therefore. Item 9 of the Notification was not ful...
Maharashtra General Kamgar Union Vs. Star Oxides and Chemicals Ltd. an ...
Court: Mumbai
Decided on: Jul-07-1995
Reported in: 1996(2)BomCR53; [1995(71)FLR1099]; (1996)ILLJ995Bom; 1996(1)MhLj517
B.N. Srikrishna, J.1. This Writ Petition under Article 226 of the Constitution of India challenges an Order dated 6th April, 1994 made by the Second Respondent, State of Maharashtra, in exercise of its powers under sub-section (6) of Section 25-N of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). 2. The petitioner : Is a Registered Trade Union representing the workmen employed in the industrial establishment of the First Respondent, which employs about 250 workmen at Thane. The First Respondent made an Application on 20th October, 1993 to the Appropriate Government under Section 25-N(1) of the Act and sought permission to retrench 26 workmen employed in its industrial establishment. By an order made on 5th January, 1994 by the Secretary to the Government of Maharashtra (Labour), the permission sought for retrenchment of 26 workmen by the First Respondent by its Application dated 20th October, 1993, read with its Application dated 7th November, 1993, was reject...
Collector of Customs Vs. J.L. Shah
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-06-1995
Reported in: (1996)(81)ELT227Tri(Mum.)bai
1. This appeal by the deptt. is directed against the Order in Appeal No. 14/89, Pint dated 25-5-1989. The notice is served on the respondent who has not put in his appearance. Heard Shri HR Krishnamurthi, ld.JDR.2. The appeal seeks for modification of the order of the Collector (A) to the extent that instead of granting of redemption fine, there should be absolute confiscation. The ground pleaded is that because in granting redemption, the deptt. will have to work out the duty payable and with no data available as to the date of import, it will be difficult for them to ascertain the duty amount payable and that difficulty, can be sorted out if the order of absolute confiscation is passed.3. Heard Shri Krishnamurthi, ld. JDR who submits that though some directions have been given by Collector (A), they are not workable.Hence the modification as prayed for is called for.4. The appeal filed by the deptt. is mis-conceived inasmuch as the passing the order would require consideration of th...
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