Mumbai Court January 1996 Judgments
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Mahindra Ugine Steel Co. Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-23-1996
Reported in: (1996)(87)ELT265Tri(Mum.)bai
1. After hearing both the sides, since the matter calls for a remand back to the Assistant Commissioner, we have taken up the appeal itself for disposal waiving the requirement of predeposit of duty amount.2. Both the appeal as well as the stay application are directed against Order-in-Appeal No. CS-540/B.III/95, dated 12-11-1995 passed by the Commissioner of Central Excise (Appeals), Bombay.3. The issue relates to availment of Modvat credit in respect of certain imported materials received by the appellants on the basis of endorsed Bills of Entry. The only allegation against these documents is that they are not approved documents by the Board under Rule 57G of the Central Excise Rules. The goods were imported by M/s. Ishar Alloys Steel Ltd., Indore and Mukand Ltd., Kalwe. Both the importers, on the back of the Bills of Entry, have endorsed that the goods imported are sent to the appellants and they are not claiming any Modvat benefit in respect of these goods against the original tri...
Padmakar Balkrishna Samant and Others Vs. State of Maharashtra and Oth ...
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996(3)BomCR528; 1996CriLJ2476
Majithia, J.1. The petitioners, Padmakar Balkrishna Samant, Mrinal K. Gore, Kamal V. Desai and Jagannathrao S. Jadhav, have moved this Court for initiation of proceedings for the offence of perjury against Shri A. R. Antulay, in this Criminal Writ Petition. 2. The factual matrix is as under : Writ Petition No. 1490 of 1981 and Writ Petition No. 1495 of 1981 were filed by Madhu R. Dandavate, and 5 others and by the present petitioners, respectively, against Shri A. R. Antulay and others. The gravamen of the complaint in these writ petitions was that Shri A. R. Antulay (hereinafter 'the respondent') misused his position and power as the Chief Minister of Maharashtra, in collusion with Shri R. W. Adik, who was, at the relevant time, the Finance Minister and created fictitious trusts and appointed trustees who were his friends and relations. The respondent gave an impression that the trusts were created by the Government of Maharashtra and large amounts were secured from the Government as ...
Satwa Wakode Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996CriLJ4028
M.B. Ghodeswar, J.1. The appellant has challenged the judgment and order dated 30-12-1991 passed by the Additional Sessions Judge, Pusad in Sessions Case No. 111 of 1990 convicting him for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and fine of Rs. 5,000/- i/d R.I. for one year for committing the murder of his wife Dhrupati.2. The facts of the case in brief are as under : The appellant-accused and his wife Dhrupati along with children were living in a hut at Arni, District Yavatmal. The parents of Dhrupati were also residing at Arni. The appellant was suspecting the character of his wife Dhrupati and on 26-3-1990 at about 6.00 p.m., he assaulted Dhrupati by means of spear head (Bhala), as a result of which Dhrupati sustained bleeding injuries. PW 14 Mangala whose house is near to the house of the accused, came there and went to the police station to lodge her report (Exhibit 81). On the basis of the said report, offence un...
Bombay Mill Owners Association Vs. Union of India
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996(83)ELT278(Bom)
ORDER1. Heard Mr. Bhatt for the petitioners and Mr. Sethna for the respondents. 2. The petitioners have challenged the validity of the proviso in the amending Notification - at Exh.'C' added to the Notification at Exh.'B', being Notification No. 35/1995. Central Excises, New Delhi, dated 16th March 1995. By the amending Notification at Exh.'C', the following proviso has been added - 'Provided that the exemption contained hereinabove relating to S. No. 1 shall not apply to clearances of yarn from a factor having facilities (including plant and equipment) for producing single yarn'. The result is that the exemption enjoyed by the 'Integrated Units' in the matter of payment of Excise duty of certain products has been withdrawn. The relevant facts are as under :- 3. The petitioners are the Bombay Mill Owners Association. Though some of their members have a unit producing single yarn, most of the members have 'Integrated Units' which, apart from the production of single yarn, also carry on ...
Ranwolph Charles Luka Vs. Union of India
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996(83)ELT274(Bom)
ORDERA. V. Savant, J.1. Heard both the learned Counsel and perused the entire record. 2. Petitioner seeks to challenge the order dated 14th August, 1995 passed by the Joint Secretary to the Government of India setting aside the order passed in appeal on 11th January, 1994 and restoring the original order dated 30th November, 1993 under which 100 Kgs. of silver valued at Rs. 5 lacs was absolutely confiscated. 3. The Petitioner landed in India from Dubai on 18th November, 1993. Though he claims, he had carried silver weighing 100 Kgs., which, he claims, he is entitled to import, he had abandoned the said consignment for reasons best known to him and later on came to clear the same on 23rd November, 1993. His contention that none of his relatives had come to receive him at the airport or that he had fallen sick on arrival has been rejected by the fact finding authority. By the impugned order, the Petitioner's claim that he was entitled to import 100 Kgs. of silver under Notification No. 4...
Anilkumar Indarpal Seth Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1997(1)BomCR284
S.M. Jhunjhunuwala, J.1. By this petition, the petitioner seeks to have the Award dated 27th June, 1985 filed in this Court and numbered as 'Award No. 24 of 1986' set aside. In the alternative, the petitioner seeks modification of the said Award by deleting the portions thereof pertaining to the counter-claims of the respondents filed before the Arbitrators.2. The petitioner carries on business of acting as Engineer and Contractor in the firm name and style of Messrs. Seth & Co. as the sole proprietor thereof. The respondents, Union of India through the Chief Engineer (Survey and Construction), Central Railway, Bombay, had invited tenders for the work of fabrication and erection of Railways Steel for Light Repair Shed at Ghorpuri (for short, 'the said work'). The petitioner had submitted the tender for the said work which was accepted on behalf of the respondents and the said work was awarded to the petitioner as per respondents' letter dated 24th May, 1980 addressed to the petitioner....
Jalgaon Zilla Kala Adhyapak Sangh and anr. Vs. the State of Maharashtr ...
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996(3)BomCR237
N.P. Chapalgaonker, J.1. Leave to amend.2. This is a petition by an organization of the art teachers in Jalgaon District and one Mr. Dattatraya Bhavsar petitioner No. 2 - who is serving as a teacher in a school run by the respondent No. 5- Rashtriya Sahakari Shikshan Prasarak Mandal, Chalisgaon. The petitioner No. 2 claims that he is entitled to be included in the 'C' category of the Schedule F, Clause 2 appended to the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and is also entitled for being considered for the post of the Supervisor in the school in which he is serving. Petitioner No. 2 appears to be the senior most teacher as per the chart appended to this petition at page No. 17. On 20-2-1995, the Education Officer (Secondary), Zilla Parishad, Jalgaon, ordered that the petitioner No. 2 is not entitled to be included in category 'C' and consequently is not entitled for the promotion to the post of Supervisor. This petition challenges this order of t...
Communidade De Boma Vs. State of Goa and anr.
Court: Mumbai
Decided on: Jan-23-1996
Reported in: 1996(5)BomCR228
M.S. Rane, J.1. This appeal has been filed by the original claimant under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act' for brevity sake), wherein the appellant has challenged the judgment dated 28-6-1988, passed by the Addl. District Judge, South Goa, at Margao in Land Reference Case No. 296 of 1981, rejecting the application of the claimant for enhancement of the compensation awarded.2. We will advert to the facts briefly relevant in the matter :By Notification dated 23-9-1972, issued under the provisions of section 4(1) of the said Act and published in the Official Gazette on 12-10-1972, the Acquisition Authority proposed to acquire a chunk of land admeasuring 13,01,903 sq. metres, belonging to the claimant herein for the purpose of University Campus. The Land Acquisition Officer, who held an inquiry, after issuance of Notification, awarded a sum of Rs. 2/- per sq. metre for a land which was level, admeasuring about 1,79,100 sq. metres and f...
M/S. Maharashtra Distilleries Limited Vs. the Municipal Corporation, A ...
Court: Mumbai
Decided on: Jan-22-1996
Reported in: AIR1996Bom272; 1996(3)BomCR646; (1996)98BOMLR311; 1996(1)MhLj874
ORDERM. B. Shah, C. J.1. The petitioner, M/s. Maharashtra Distilleries Limited, Aurangabad, has filed this petition praying that the respondents-Municipal Corporation, Aurangabad and the Octroi Superintendent of the Aurangabad Municipal Corporation be directed to levy the octroi (at the rate of 1.50 per cent) on raw material (industrial alcohols) which the petitioner is likely to import in future. It is also prayed that the order dated 16th October, 1986 or dated 22nd October, 1986 and the Bill of Demand for Rs. 8,82,538.90 ps. are illegal and, for that purpose, appropriate directions be issued.2. It is the say of the petitioner that the petitioner-Company is manufacturing potable liquor. The petitioner is also having a licence for manufacture of potable liquor by the licensing authority under the provisions of the Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966, and that the petitioner is carrying on the manufacturing of potable liquor in accordance wi...
Dilip S/O Mulchand Borkar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-22-1996
Reported in: 1996CriLJ1911; 1997(1)MhLj90
M.B. Ghodeswar, J.1. This appeal is directed against the judgment and order dated 17-3-1992 passed by 2nd Additional Sessions Judge, Bhandara, in Sessions Trial No. 95 of 1990 convicting the appellant for the offence punishable under S. 302 of IPC for causing murder of his wife Rekha. 2. The incident in this case took place on 26-8-1990 at about 11-30 a.m. in the house of appellant in Ram Mandir Ward, Bhandara. It is the allegation of the prosecution that Rekha and appellant married on 16-9-1989. It was a love marriage and as the appellant did not receive any dowry, from the parents of Rekha the appellant used to illtreat Rekha. The appellant and the deceased were residing in rented premises of PW 3 Madhusudan and appellant by pouring kerosene on the person of Rekha, set her ablaze. She sustained 100% burns. The appellant/ accused also sustained 20% burns. Immediately the victim Rekha and appellant were taken to the General Hospital, Bhandara where Dr. Manohar Mulkalwar (PW. 8) admitte...
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