Mumbai Court January 1998 Judgments
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The Judge, Ii Labour Court Vs. Shri R.S. Pande and Another
Court: Mumbai
Decided on: Jan-23-1998
Reported in: 1998BomCR(Cri)568; 1998CriLJ1892; [1998(79)FLR625]; 1998(1)MhLj877
ORDERVishnu Sahai, J.1. The question which we are called upon to decide in this application is whether respondent No. 1 - R.S. Pande, is guilty of an offence punishable under section 12 of Contempt of Courts Act, 1971.2. The circumstances in which we are seized of the matter, in brief, are as under :---2(a) 2-9-1993 was the date fixed in the Court of Mr. S.A. Dwivedi, Judge IInd Labour Court, Thane, in Reference (IDA) No. 137/1982, which arose from the dismissal of a workman S.C. Daga, an employee of J.K. Chemicals Ltd. after a ex-parte enquiry. In the said Reference, respondent No. 1 was appearing for S.C. Daga as representative of the Union and Mr. George Kurian, as Advocate, on behalf of J.K. Chemicals Ltd. During the course of hearing that day, a question which cropped up was whether the affidavit of company's witness S. V. Nayak be treated as examination-in-chief or the examination-in-chief of S.V. Nayak be recorded in Court. Whereas the stand of Advocate George Kurian was that th...
Nrc Limited Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-22-1998
Reported in: (1998)LC25Tri(Mum.)bai
1. The application is for dispensing with pre-deposit of an amount of Rs. 41,73,425/- which is sought to be denied as capital goods Modvat credit under Rule 57Q. There is also a prayer for waiver of pre-deposit of penalty of Rs. 1,00,000/-.2. Shri M.H. Patil, the ld. Counsel appeared for the applicant and submitted that the department has denied the capital goods Modvat credit on Chlorine cylinders which were used by the applicants for storage and transport of liquid chlorine gas which is obtained by the applicant in the course of manufacture of caustic soda which is their final product. The ld. Counsel submitted that the cylinders are specially designed for storing the chlorine gas under pressure in liquified form and for that purpose fitted with valves and without the design of the cylinder as such manner, storing of chlorine gas will not be possible. The ld. Counsel relied upon the Tribunal decision in the case of J.K. Synthetics Ltd. v. Collector -1997 (92) E.L.T. 150 wherein the ...
Ramchandra Genu Thorat (Deceased) and Another Vs. the State of Maharas ...
Court: Mumbai
Decided on: Jan-22-1998
Reported in: 1998(1)ALLMR685; 1998(2)BomCR601; 1998(2)MhLj69
ORDERA.V. Savant, J.1. Rule. By consent, rule made returnable forthwith and heard both the learned Counsel.2. The questions of law which arise for our consideration are :--(i) Whether in entertaining an application under section 18(1) of the land Acquisition Act, 1894 praying for a reference being made to the Court, the Collector acts as a Court and (ii) Whether the provisions of section 5 of the Limitation Act, 1963 apply to suchan application made under section 18(1) of the Land Acquisition Act, 1894?Section 18 of the Land Acquisition Act, 1894, which is a Central legislation, reads as under:-18 (1) Any person interested who has not accepted the award or theamendment thereof may be written application to the Collector, requirethat the matter be referred by the Collector for the determination of theCourt, whether his objection be to the measurement of the land, theamount of the compensation the person to whom it is payable or theapportionment of the compensation among the persons int...
The Indian Smelting and Refining Co. Ltd. Vs. Shri Subhash Vishnu Pati ...
Court: Mumbai
Decided on: Jan-22-1998
Reported in: 1998(3)ALLMR831; 1998(3)BomCR201
ORDERR.M. Lodha, J.1. Rule. Returnable forthwith. Mr. Ganguli waives service for respondent No. 1. Service of respondent No. 2 is dispensed with. Heard finally at this stage by consent of the learned Counsel for the parties.2. This writ petition under Article 226 of the Constitution of India is filed by the Indian Smelting & Refining Co. Ltd. (for short 'the employer') aggrieved by the order dated September 3, 1997 passed by the Industrial Tribunal, Mumbai, whereby the said Tribunal rejected the application made by the employer for deciding the issues relating to maintainability of the complaint as preliminary issues.3. The brief facts essential for the disposal of the writ petition and the contentions advanced by the learned Counsel for the parties are : Shri Subhash Vishnu Patil (for short 'the workman') - the 1st respondent herein - was employed by the employer in the year 1978 as Shell Mould Cum ore Maker. The workman is an active member of a union, namely, the Association of Engin...
Suresh Shirodkar and Others Vs. Administrative Tribunal, Goa, Daman an ...
Court: Mumbai
Decided on: Jan-22-1998
Reported in: 1998(3)BomCR261; (1998)2BOMLR643; 1998(2)MhLj215
ORDERN.J. Pandya, J.1. An important question of interpretation of right of appeal given under the Goa, Daman and Diu Mundkar's (Protection From Eviction) Act, 1975, hereinafter referred to as the 'Mundkar Act' is raised in relation to the duty cast on the Civil Court to make a reference to the Mamlatdar or the Collector of an issue which is required to be settled, decided or dealt with by either of the said authorities under the said Mundkar Act.2. The rival contentions can be summarized as under :--There are two views in the matter. One view is to the effect that though there is provision in section 32 of the Mundkar Act of referring the issue and further making a decision given by the Mamlatdar or the Collector, as the case may be, binding upon the Civil Court it will not so bind the Civil Court unless all the remedies of appeal and revision available under the Mundkar Act are exhausted. Obviously, this will depend upon the effect of the finding given by the Mamlatdar pursuant to the...
The Employees State Insurance Corporation Vs. Everest Advertising Pvt. ...
Court: Mumbai
Decided on: Jan-22-1998
Reported in: 1998(3)BomCR297
ORDERV.H. Bhairavia, J.1. The aforesaid appeals arise out of the orders passed by the learned Judge, Employees Insurance Court, Bombay, reframing the issues and shifting the onus of proof on the appellants E.S.I. Corporation.2. The respondents companies who are advertising agencies, filed applications in the Employees Insurance Court at Bombay, challenging the notice issued by the appellant E.S.I. Corporation on the ground [hat the provisions of E.S.I. Act are not applicable to the advertising agencies as it does not fall under the provisions of section 1(a) of the Act. The learned Judge after hearing both the parties, considered the point regarding the applicability of the provisions of E.S.I. Act and held that in view of the various judgments, mainly the judgment rendered by this Court in E.S.I. Corporation v. Dattaram Advertising Pvt. Ltd., reported in 1988(1) L.L.J. page 430, the advertising agencies does not fall under the definition of section 1(a) as it is not a shop and therefo...
Netram Ganpat Ingale Deceased Through His L.Rs. Vs. Baliram Vyankat Mi ...
Court: Mumbai
Decided on: Jan-22-1998
Reported in: 1998(3)ALLMR424; 1998(3)BomCR343; 1998(3)MhLj667
ORDERB.H. Marlapalle, J. 1. Petitioner Netram Ganpat Ingale was a tenant of house located on Municipal Plot No. 170, City Survey No. 1847-B/1, Bhavanipeth Jalgaon, of which one Mrs. Kantabai Tatyaba Hazare was the original landlady. One Dattraya Hazare sold the said house to the present respondents sometime in the year 1975. The respondents were in business even prior to 1975, of sewing machine repairs in the adjacent lane which was also a rented premises. The suit premises were taken on lease by the defendent from the original landlady without executing any lease agreement and the defendants continued as tenants in the same way even after plaintiff purchased it. The suit premises consist of 1 room of 171/2 ft. X 151/2 ft. with a toilet block on the ground floor and two rooms and a kitchen on the first floor. Defendent was paying a rent of Rs. 27.50 p.m. and the tenancy was as per the English Calendar month. 2. On 7-8-1977 the plaintiffs issued a legal notice to the defendants to vacat...
Trisure India Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-21-1998
Reported in: (1998)(75)LC299Tri(Mum.)bai
1. Order dated 31.12.1990 passed by the Additional Collector of Central Excise, Bombay is under challenge in this appeal.2. Appellant manufactures flanges, nozzles and plugs, receives tops of drums from suppliers, fits the manufactured articles on the top and returns the tops to the suppliers. Appellant was availing benefit of Notification No. 120/75, was issuing invoices showing the prices of flanges, nozzles and plugs and job charges received for fitting them on the tops of drums and paying duty on such invoice price. In respect of the period from September, 1983 to 28.2.1986 show cause notice dated 7.10.1988 was issued stating that the information about fitting the manufactured products on the tops of drums was suppressed from the knowledge of the Department and duty was payable on the value of tops also. Though the appellant resisted the notice on merits and on limitation, the Additional Collector confirmed the demand and imposed penalty. Hence, the present appeal.3. Since the app...
ingersoll-rand (India) Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-21-1998
Reported in: (1998)(76)LC172Tri(Mum.)bai
1. The issue for decision in this appeal which arises out of the order passed by the Collector of Customs (Appeals), Bombay is the classification of spring and channel sets for air compressors imported by the appellants herein - according to the importers the item is classifiable under sub-heading 8414.90, while the Revenue has classified it under subheading 7320.90 by application of Rule 3(b) of the General Rules of Interpretation of the Schedules, holding that a set of channel and spring derives its essential character from the spring and since, by virtue of Note 2 to Section XV of the Customs Tariff, spring is an article of general use and since by virtue of Note l(g) to Section XVI, such articles of general use are excluded from Chapter 84, the imported items fall under sub-heading 7320.90.2. Learned Counsel, Shri L.P. Asthana, submits that the item has been imported as a set and accepted by the Department to be a set.Therefore, Interpretative Rules have been resorted to. However,...
Span Overseas P. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-21-1998
Reported in: (1999)(113)ELT106Tri(Mum.)bai
1. The importer imported two consignments of newsprint, shipped on 6-5-1993 and presented a bill of entry for their clearance. The bill of entry was accompanied by the two Entitlement Certificates issued by the Registrar of Newspaper (RNI) in favour of each of two newspapers both in Kannada, 'Aragini' weekly and 'Andolana Dinapatrika'. The first was issued on 7-6-1993 and the second on 17-6-1993. The authorisation to import the newsprint was issued to the importer by 'Andolana Dinapatrika' in its letter dated 18-6-1993. The authorisation issued by the other was undated. These facts led the Customs Department to conclude that when the goods were imported they were imported without any entitlement certificate and the importer was not acting as agent of the importer in the import of these goods. The department therefore, concluded that when the goods were shipped there was no licence for this import. The importer was told of their obligation and waived issue of written notice. It was hea...
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