Mumbai Court October 1997 Judgments
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Commissioner of Customs, Airport Vs. Imran Ahmed Sheikh
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-22-1997
Reported in: (1998)(98)ELT505Tri(Mum.)bai
1. This is an appeal filed by the Commissioner of Customs, Sahar International Airport, Mumbai on a direction dated 10-2-1992 from the Central Board of Excise & Customs, under Section 129D(1) of the Customs Act, 1962. The appeal is against the adjudication order passed by the Commissioner of Customs, Sahar International Airport, Mumbai, relating to the seizure of 8 kg. of heroin valued at Rs. 16.00 lacs from Kadar Syed Ahmed at the time of his departure to Entebbe by Ethiopian airways flight on 20-3-1990. The statement following the seizure given by Kadar Syed Ahmed admitted recovery of heroin from the false bottom and top of the suit case which he was carrying. He stated that Kamriddin Shaikh Ahmed who is the father of the respondent had engaged him in the carrying of the Mandrax tablets for a remuneration. As a follow up the residential premises of Kamriddin were searched and certain documents seized besides foreign currency and travellers cheque. Statement was given by the resp...
Shri Dattatraya Yamaji Bhutkar and Others Vs. Shri Vaijinath Madhav an ...
Court: Mumbai
Decided on: Oct-22-1997
Reported in: 1998(2)ALLMR500; 1998(3)BomCR286; 1998(1)MhLj79
ORDERS.S. Nijjar, J.1. This petition under Article 227 of the Constitution of India has been filed with a prayer for quashing the order passed by the Maharashtra Revenue Tribunal in Revision Application No. M.R.T.-SH-X-6/81 (TEN.B. 334/81) dated 27-1-1988 and to restore the order dated 18th August, 1981 of the Special Deputy Collector, Tenancy Appeals and Special Land Acquisition Officer No. IV. Karmala in Tenancy Appeal No. 26 of 1977 confirming the order dated 17-2-1997 of the Tahsildar, Karmala in Court reference No. 9 of 1973.2. The petitioner has filed a Civil Suit No. 251 of 1970 against the respondents in the Court of Civil Judge, Senior Division, Solapur in respect of the agricultural land bearing Gat No. 126 situate at village Wangi, Tal. Karmala, hereinafter referred to as'the suit land'. It is stated by the petitioner that respondent Nos. 2 and 3 are the owners of the suit land. Respondent Nos. 2 and 3 were the Kartas of the family. On 8th April, 1958 respondent Nos. 2 and 3...
People's Welfare Society and another Vs. Second Labour Court and other ...
Court: Mumbai
Decided on: Oct-22-1997
Reported in: 1998(2)ALLMR94; 1998(4)BomCR571
ORDERF.I. Rebello, J. 1. Respondents Nos. 3 to 9 had filed complaint under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (hereinafter referred to as M.R.T.U. & P.U.L.P. Act) against the petitioners Nos. 1 and 2 as also against the present respondents Nos. 2 and 10. It was the contention of the complainants before the Labour Court that the respondents before the Labour Court were engaged in unfair labour practice falling under Item No. 1 in Schedule IV of the Act. There are other consequential reliefs prayed for. An application for interim relief was also filed. The respondents before the Labour Court filed their reply and raised preliminary objection to the effect that in view of section 59 of the Maharashtra Universities Act, 1994 the Court has no jurisdiction to try the complaint as remedy was provided under the Maharashtra Universities Act, 1994. It is further submitted that the services of the non-teaching employees in t...
Bhavesh Kantilal JaIn Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-22-1997
Reported in: 1998BomCR(Cri)728; 1998(1)MhLj353
ORDERA.D. Mane, J.1. The brother of the detenu Lalit Kantilal Jain has filed this criminal writ petition challenging the order of detention dated 9-6-1997 issued by the respondent No. 2- Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority, Home Department (Special), Mantralaya, Mumbai, in exercise of the powers conferred on him under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (for short, hereinafter, COFEPOSA Act).2. The detenu was served with grounds of detention on 9-6-1997, a copy of which is annexed at Annexure 'Bill to the writ petition, tt emerges from the grounds of detention that the detenu met one Mukesh Jain having his office at Room No. 12 at 40/42 Modi Street, above Vinod Lunch Home, Fort, Mumbai and offered him a job at Mumbai since August, 1996. The detenu took job with said Mukesh on salary of Rs. 2,000/-. On instructions of Mukesh detenu used to...
Killick Caribonum Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-21-1997
Reported in: (1998)(74)LC602Tri(Mum.)bai
1. This is an appeal against the order of Collector of Central Excise (Appeals), Bombay dated 9th March, 1983. The earned Counsel stated that this matter had reached up to the Hon'ble Supreme Court in the first round and the Hon'ble Supreme Court has since passed order in Civil Appeal No. 3614 of 1986 remanding the matter to the Tribunal vide order dated September 24,1996.2. The whole issue relates to the question of manufacture and dutiability of the Teleprinter rolls and Accounting Machine rolls made out of paper purchased in the form of jumbo rolls which had paid excise duty. The rolls are cut and slit with interleaved paper. Initially, the appellants received notice on 3rd November, 1981 requiring them to pay Excise duty on teleprinter rolls under item 17 of the old Central Excise Tariff in respect of clearances subsequent to 3rd May, 1981 on the ground that the said rolls were classifiable under item 17. The Assistant Collector confirmed the demand under the said heading. The ass...
Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568
ORDERR.M. Lodha, J.1. These two writ petitions are between the same parties and the issues involved are inter-connected and, therefore, both the writ petitions have been heard together and are disposed of by this common judgment.2. Writ Petition No. 2632 of 1994 has been filed by Ambika Silk Mills Company Limited ('the employer company') dissatisfied with the judgment/order passed by the Industrial Court on 19-8-1994 in Complaint (ULP) No. 1124 of 1986 and Complaint (ULP) No. 171 of 1987 whereby the Industrial Court declared that the employer has committed unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'MRTU & PULP Act') and also declared that the notice dated 6-1-87 issued by the employer terminating the services of the workmen was illegal, void ab initio, inoperative and directed the employer to reinstate the workmen whose services were terminated by notice dated 6-1-87 a...
Bhosale Deepak Manikrao and Others Vs. the State of Maharashtra and Ot ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(2)ALLMR546; 1998(2)BomCR352
ORDERN.P. Chapalgaonker, J.1. Writ Petition No. 4399 of 1997 challenges the rejection of nomination papers of 63 petitioners in an election to Kashti Village Panchayat in Shrigonda taluka of Ahmednagar District. These nomination papers are rejected merely on the ground that on the back side of the nomination papers, these petitioners have indicated their choice for election symbol.2. In Writ Petition No. 4508 of 1997, the petitioner filed her nomination paper for the General Seat (unreserved seat). However, in the nomination paper filed by her for the election to Markand Village Panchayat, district Nanded, though she did write 'Sarwasadharan' (General), below it word 'Stri' was written. The Returning Officer held that there is no seat reserved for woman general in this ward and therefore, her nomination paper was rejected.3. In Writ Petition No. 4400/1997 the nomination papers of the petitioners to the election of Village Panchayat Ranala in Dhule District were rejected on the ground t...
Shri Shrikant Shiva Vengurlekar Vs. Director of Education and Ex-offic ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(2)ALLMR426; 1998(3)BomCR60
ORDERR.K. Batta, J. 1. The petitioner passed B.Sc. Degree in the year 1990 and B.Ed. Degree in May 1992. He was appointed as Assistant Teacher in respondent No. 3 School with effect from 6th June 1992 on probation for two years. On 12th May 1993 respondent No. 3 School was given necessary permission by the Education Department to start the School. It appears that the School was functioning prior to that without any permission from the Education Department. On 19th April 1994 a fresh Order of appointment was issued in favour of the petitioner with reference to his application dated 4th June 1993 and the said appointment was also made on probation for two years. The approval for the post of undergraduate teacher in the said School was granted on 8th July 1983 and the approval for the appointment of the petitioner against the said post was granted by the Director of Education vide letter dated 10th March 1994. The approval for the appointment of the petitioner was granted with effect from...
Tavanappa Shantappa Mohire and Others Vs. Gavadu Vithoba Patil @ Gavad ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: 1998(2)ALLMR154; 1998(3)BomCR235
ORDERS.S. Nijjar, J.1. In this writ petition under Article 227 of the Constitution of India, it is prayed that the judgement and order dated 6th October, 1982 passed by the Maharashtra Revenue Tribunal, Kolhapur, (hereinafter referred to as 'the M.R.T.') in Revision Application No. M.R.T. KP. 58/77 be quashed and set aside and the order passed by the Special Land Acquisition Officer for Minor Irrigation Work, Kolhapur dated 16th October, 1976 in Tenancy Appeal Nos. 16 and 17 of 1973 be restored.2. At the outset if may be noticed in the present writ petition with regard to the proceedings in Appeal No. 16 have been dismissed by the orders of the Additional Registrar dated 26th June, 1986 for non-prosecution. Thus, the facts relating to the case of the petitioner No. 1 are noticed only for completion of the narration.3. The petitioner Nos. 1 and 2 are real brothers and the suit lands situate at village Shinoli Khurd and at village Shinoli are the ownership of the family of the petitioner...
Maharashtra State Road Transport Corporation, Chandrapur Vs. Mohammad ...
Court: Mumbai
Decided on: Oct-21-1997
Reported in: (1998)ILLJ961Bom
B.H. Marlapalle, J. 1. Complaint (ULP) No. 108/1983 came to be filed before the Industrial Court, Nagpur under Sec. 28 read with Item 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act of 1971' for short) by respondent Mohammad Fasahatullah Khan against Maharashtra State Road Transport Corporation challenging charge-sheet-cumsuspension order dated March 12, 1983. The case of the original complainant was that as per Subject No. 65 of the Settlement dated April 25, 1956, no workman of the Corporation could be suspended for a period beyond ten days and as the period of his suspension was over on March 21, 1983, the suspension order dated March 12, 1983 ought to have been withdrawn and the complainant ought to have been taken on duty from March 22, 1983. The complainant, therefore, alleged unfair labour practice as set out under Item 9 of Schedule IV of the Act of 1971 on the part of the Corpo...
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