Mumbai Court October 1997 Judgments
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Vandana D/O Narayan Sonkusare Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Oct-17-1997
Reported in: AIR1998Bom226; 1998(3)ALLMR621; 1998(4)BomCR432; 1998(2)MhLj12
ORDERB.H. Marlapalle, J.1. Heard the learned Counsel for the respective parties. Rule is made returnable forthwith with the consent of the learned Counsel.2. The petitioner had appeared for the 12th Standard Examination held in March 1993, therefore, she applied well within time to respondent No. 3 for validation of her Caste/Tribe claim, contending that she belongs to Scheduled Tribe Halba and along with the said application, she had supplied in all 19 documents pertaining to herself, her parents and grand father as well as other near relations. In addition, she had also submitted a questionnaire duty filled-in in the prescribed form and an affidavit sworn by Vijay Natthuji Dekate, one of her near relations. Respondent No. 3, that is, the Scheduled Tribes Caste Certificate Scrutiny Committee, by its order dated 10-6-1993, rejected the claim of the petitioner and cancelled the Caste Certificate issued to her by the Executive Magistrate, Chimur, District Chandrapur. The Scrutiny Committ...
Jagkumar and Co. (P) Ltd. Vs. Commissioner of Customs, Acc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-16-1997
Reported in: (1998)(99)ELT539Tri(Mum.)bai
1. The appellants imported by air through courier service a consignment of Finn pipettes and claimed classification of the goods under sub-heading 9031.80 of Customs Tariff Act as parts of measuring instruments. The Asstt. Commissioner of Customs Incharge of Courier group, however, did not accept this claim and passed an order in assessment dated 29-12-1996, by which he classified the goods under sub-heading 3926.90 as articles made of plastic. The Commissioner (Appeals) upheld the classification but gave an option to the appellants for re-export on a fine of Rs. 30,000/-.2. Shri S.B. Patil, the ld. Consultant appearing for the appellants, submitted that the appellants could not clear the goods for home consumption as the customer for whom the goods were imported had cancelled the order. He however, pleaded that while they are desirous of re-export of goods in view of this situation, the direction of the Commissioner (Appeals) that the option for re-export has to be made on a fine, is...
Goa Electricals and Fans Ltd. Vs. Asstt. Commr. of C. Ex., Panaji.
Court: Mumbai
Decided on: Oct-16-1997
Reported in: 1998(98)ELT85(Bom)
ORDERBatta, J. 1. Heard. Rule. 2. In these petitions the impugned orders were passed on 28th November, 1996 and 14th October, 1996, respectively, and the petitioners had Bled appeals along with applications under Section 35F of the Central Excises and Salt Act, 1944, for waiving/dispensation of deposition. In the meantime, respondent No. 1 had issued notice for recovery. The applications under Section 35F of the said Act were not disposed of but the appeals were heard by the Commissioner of Central Excise (Appeals), Mumbai on 22nd April, 1997, but till today no judgment has been passed disposing of the said appeals. On 12th September, 1997, the goods belonging to the petitioner were attached under Detention Order dated 19th August, 1997. 3. We had made enquiries with the learned Additional Central Government Standing Counsel as to whether the applications under Section 35A under the said Act can be disposed of within a reasonable period of two to three weeks after hearing the petitione...
Upendra K. Parekh Vs. Union of India
Court: Mumbai
Decided on: Oct-16-1997
Reported in: 1998(97)ELT49(Bom)
ORDER1. Heard the learned Counsel for the parties. 2. Rule. 3. At the request of the parties, fixed for hearing forthwith. 4. The petitioner has made the following submissions :- (a) The petitioner's concerns are transferees of a Value Based Advance Licence issued to one M/s. Lotus Construction. The export obligation having been fulfilled by the said Lotus Construction, the licence was endorsed and made duly transferable by the licensing authority as per the provisions of paragraph 67 of the Import Export Policy 1992-97 to the extent of U.S. $ 159,375.00 only. The item imported by the petitioner's concerns duly figures in the licence i.e. Titanium Dioxide, Rutile Grade. The licence also permitted import of other items. The DGFT authorities have also issued a clarification that the item imported by the petitioner's concerns is an essential raw material for the paint industry especially for synthetic white colour paints and is used for importing opacity and exterior durability to the pai...
Bandu Yesu Mali, Since Deceased by His Heirs Akkatai Bandu Mali Vs. Vi ...
Court: Mumbai
Decided on: Oct-16-1997
Reported in: 1998(3)ALLMR312; 1998(3)BomCR212
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 Revenue Tribunal after remand in Revision Application No. M.R.T. N.S. VII/1/80 dated 21-1-1984 and the order passed by the Sub-Divisional Officer, Satara Division, Satara in Tenancy Case No. 84/1 of 71 dated 1st June, 1974 and for restoration of the judgement of the Maharashtra Revenue Tribunal, hereinafter referred to as the M.R.T.', in Revision Application No. M.R.T. N.S. VII. 18/74 (TEN, AP. No. 96/74) dated 16-10-1974.2. The facts as narrated in the writ petition may be briefly noticed.The dispute concerns about half the suit land on the Southern side of Gat No. 1253 admeasuring 4 hectares 46 acres i.e. 11 acres, one guntha and assessed at Rs. 74.75 situated at village Chikhali, Tal. Karad, Dist. Satara. The land hereinafter referred to as 'the suit land'. The suit land originally belonged to Onkareshwar Devasthan and respondent Nos. ...
Gulab Saheblal Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-16-1997
Reported in: 1998BomCR(Cri)717
ORDERVishnu Sahai, J.1. Through this appeal, the appellant challenges the judgment and order dated 2-4-1994, passed by the Additional Sessions Judge, Pune, in Sessions Case No. 102/1993, whereby he has been convicted and sentenced in the manner stated hereinafter:---(i) Under section 302 I.P.C. to undergo imprisonment of life and to pay a fineof Rs. 1,000/- i.d. to undergo 1 month R.I. ; and (ii) Under section 326 I.P.C. to 5 years R.I. and to pay a fine of Rs. 2,000/-i.d. to undergo 3 months R.I. The substantive sentences were directed to run concurrently. 2. In short, the prosecution case runs as under :---The informant-victim Rashida Shaikh P.W. 1 was the second wife of Nazir Shaikh, real brother of the appellant. Nazir's first wife Niyamatbi was residing separately in Ganesh Peth, Pune. The appellant at the time of the incident, wasworking in Metal Works Factory which was located near the house of . From a reading of the evidence, it appears that he was financing Niyamatbi.From the...
Telco Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-15-1997
Reported in: (1998)(97)ELT439Tri(Mum.)bai
1. The present appeal is against the Order-in-Original No. 89/CEX/95, dated 30-11-1995 passed by the Commissioner of Central Excise, Pune.2. The appellants are, inter alia, manufacturing, in their factory at Pune, the following products: (i) Cars falling under Heading 87.03 of the Central Excise Tariff (models Tata Sierra and Tata Estate) (ii) Light Commercial Vehicles (LCV) and Heavy Commercial Vehicles (HCV) falling under Heading 87.04 3. The appellants are operating under the Modvat scheme Under Rule 57A ever since 1986. Ever since then, they have been maintaining Modvat credit account in a consolidated manner in form RG 23A Part II. Credit in respect of duty paid on all inputs received in the factory are entered in this register. Excise duty liability on the final products is discharged by payment of duty by debit in the RG 23A Part II register. Duty is also discharged by debit in PLA whenever required.4. The Central Excise Department found that the duty payable on cars (Tata Esta...
Executive Engineer, Yavatmal Medium Project Division and anr. Vs. Anan ...
Court: Mumbai
Decided on: Oct-15-1997
Reported in: 1998(4)ALLMR201; (1998)IILLJ77Bom; 1998(3)MhLj897
1. Though the impugned orders are different, nevertheless both the petitions have been taken up for consideration together as common questions of law arise. 2. Writ Petition No. 1587 of 1996 has been filed by the Executive Engineer, Yavatmal Medium Project, Yavatmal Division and another. The petitioners had engaged the services of the Respondent No. 1 for the purpose of construction of Medium Irrigation Projects namely Gokhi, Waghadi, Deogaon, Antargaon & Sakhali Nala Projects since April 1, 1980. The Respondent No. 1 was engaged on daily wages. On the project work being completed the services of the Respondent No. 1 were terminated after preparing a seniority list. A notice of termination was served on the Respondent No. 1, 90 days prior to the date of termination. The Respondent No. 1 filed a complaint on October 8, 1985. It may be mentioned that the notice is dated April 15, 1985, 3 months, therefore, expired in July 1985. The complaint was filed by six workers of which the Responde...
Rajesh Sunderdas Lalchandani Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Oct-15-1997
Reported in: 1998(5)BomCR241
ORDERA.D. Mane, J.1. This criminal writ petition is filed by the brother of a detenu Jagdish Kumar Sunderlal Lalchandani @ Anil Mohanlal Bhatia, to challenge an order of detention issued on 11-3-1997 by the respondent No. 2-Secretary to the Government of Maharashtra, Home Department (Special) Mantralaya, Mumbai. The respondent No. 2 in exercise of his powers under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), issued the impugned order and the same was served with the order of detention along with grounds on the detenue on 23-4-1997.2. The grounds of detention, inter alia, recite that on 22-6-1996 detenue was apprehended as one of the passengers who arrived by Air India flight No. AI-409 from Singapore at Sahar International Airport, Mumbai by the officers of the Preventive wing of Customs Preventive Commissionerate, Mumbai, on specific prior information.3. The detenue and two others were escorted to C...
Jetha Auchat Patel Vs. State of Maharashtra
Court: Mumbai
Decided on: Oct-15-1997
Reported in: 1998(5)BomCR644; 1998(2)MhLj9
ORDERT.K. Chandrashekhara Das, J. 1. The appellant was charge-sheeted under section 20(b)(ii) read with section 8(c) of the N.D.P.S. Act and he was convicted for the said offence as per the impugned judgment dated 23-3-1994 by the Special Judge (under N.D.P.S. Act) at Greater Bombay in N.D.P.S. Special Case No. 722 of 1989.2. By this judgment and order under appeal the appellant was sentenced to suffer R.I. for 10 years and to pay fine of Rs. one lac and in default to suffer further R.I. for two years.3. The case of the prosecution is that on 29-7-1989 P.I. Miranda, P.S.I. Dhange RW. 3, P.S.I. Kamble and other staff from Nagpada Police Station were patrolling on Maulana Azad Road when they were proceeding towards Sakhali Street. When they reached at the junction of Maulana Azad Road, Sakhali Street, they found that the accused was proceeding hurriedly carrying one blue colour tin box in his hand. On seeing the patrolling staff, the accused was frightened. On suspicion, the accused was ...