Mumbai Court May 1998 Judgments
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Jugal Kishore Tibrewala Vs. Commissioner of Customs (Prev.)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-05-1998
Reported in: (1999)(113)ELT102Tri(Mum.)bai
1. The application is for rectification of a purported mistake apparent on the face of the record in the final order of the Tribunal No.2959/96-WZB, dated 10-9-1996.2. The ld. Counsel for the applicant submitted that the mistake in the Tribunal's order arises out of para 21 thereof relating to decision to give the applicants option to fine in lieu of confiscation and modifying the order of absolute confiscation of the ball bearings of foreign origin which are the subject matter of the appeal. This para reads as follows : "21. Considering, however as to what could be the redemption fine, it is a fact of which by now even a judicial notice could be taken, because of several pronouncements that the items is high profit yielding variety and margin of profit is around 100% Redemption fine to that extent on the CIF value could be justified. Here, however, only the local market value is given and presuming that the same is inclusive of the profit to be earned the redemption fine of Rs. 25,00...
C.J. Joshi and Sons Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-05-1998
Reported in: (1999)(113)ELT900Tri(Mum.)bai
1. Appellant was Custom House Agent (CHA) licensed under the Regulations at Kandla. Appellant filed a shipping bill, under a claim for drawback, in February, 1995 for export of PVC pipes weighing 48 metric tonnes by M/s. Ultratex Exports, Ahmedabad. Permission was also asked for loading this export cargo into the containers in which it was to be carried at the exporter's premises at Ahmedabad. On such permission being granted, empty containers were taken from Kandla. The CHA subsequently presented the shipping bill to the Custom House accompanied by an invoice, on the reverse of which has a certificate of the Superintendent of Central Excise, Ahmedabad that the export cargo had been examined and stuffed into the containers in his (Superintendent's) presence on 11th February, 1995. The containers were opened and examined by the Customs in Kandla, in pursuance of information received. They found the PVC pipes within the containers of weigh only 949 kg found over 200 empty cartons. Goods...
Pandit Vandar Patil Vs. the State of Maharashtra
Court: Mumbai
Decided on: May-05-1998
Reported in: (1998)100BOMLR735
Vishnu Sahai, J.1. Through this appeal, the appellant challenges the Judgment and order dated 29-7-1994 passed by the Sessions Judge, Thane, in Sessions Case No. 311 of 1988 convicting and sentencing him in the manner stated hereinafter :-(i) Under Section 324 IPC to one year R.I. and to pay a fine of Rs. 100/- in default to suffer R.I. for one month ; and(ii) Under Section 302 IPC to imprisonment for life and to pay a fine of Rs. 100/- in default to suffer R.I. for 3 months.The substantive sentences of the appellant were ordered to run concurrently.2. In short, the prosecution case is that on 4-2-1988 at about 9.30 p.m. she-buffaloes of the informant Kathod Ganpat Patil caused damage to the thatched wall and roof of the hut of the appellant who became enraged as a result thereof. Immediately thereafter, the appellant along with the three acquitted accused namely Raghunath Mahadeo Patil, Dayandeo Mahadeo Patil and Waman Mahadeo Patil and one accused who died prior to the commencement o...
Avery India Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-04-1998
Reported in: (1998)(62)ECC325
1. Appellants Precision Scales, an SSI Unit are engaged in manufacture of electronic weighing machines. On 13-7-1994 Central Excise Officers visited their factory and found 12 weighing scales supplied to appellant A very India and received back from them for repairs. They also found 4 weighing scales ready for despatch which did not have any trade/brand name on them. At the registered office of this Appellants the officers found another quantity of 3 weighing machines similarly received back from Avery India for repairs. These were seized for action under Central Excise Rules as duty paid goods had been received back without following Central Excise procedure prescribed for the purpose. The weighing scales ready for clearance were seized as the officers found that upon switching on the scales the visual fluorescent display of the machine displayed the words "AVERY" for a few seconds before displaying ready to use "00" position. "AVERY" is the brand name of the other Appellant herein. ...
Pradeep C. Mody Vs. Sashikant C. Mody and Others
Court: Mumbai
Decided on: May-04-1998
Reported in: 1998(4)ALLMR306; 1998(3)BomCR823
ORDERR.J. Kochar, J.1. Defendant No. 1 has called upon me to decide whether the amount of royalty/compensation should exceed the amount of rent payable by the tenant to the landlord.2. The facts which have been briefly stated by A.P. Shah, J., in his order dated 2nd August, 1995 in Notice of Motion No. 1877 of 1991 in Suit No. 2683 of 1991 are that the plaintiff and the defendants are the children of late Chimanlal and Shantaben, who died in 1951 and 1975 respectively. Since the deceased had left property, the present suit came to be filed for administration of the estate of the deceased and for partition of joint family property. The plaintiff had taken out a Notice of Motion for appointment of Court Receiver and injunction. The learned Judge has enumerated the different properties in paragraph 3 of his order. In the present case, we are concerned only with Shop No. 6 in R.K. Building No. 3 Co-operative Housing Society, which is admittedly in occupation of the defendant No. 1 and the ...
National Spiritual Assembly of Baha Is in Judia and Others Vs. Cyruz M ...
Court: Mumbai
Decided on: May-04-1998
Reported in: AIR1998Bom361; 1998(3)ALLMR256; 1998(3)BomCR834; 1998(3)MhLj31
ORDERV.H. Bhairavia, J.1. This appeal originally converted from Civil Revision Application No. 301 of 1994 challenging the order of the Appellate Court, Additional District Judge, Satara on 24-1-1995 allowing the Appeal of respondent/plaintiff. It reveals from the record that the appellant is a religious body known as National Spiritual Assembly, having its own religious Code of Conduct laid down in 'Lights of Guidance' (A Bahai's Reference File). It is a voluntary religious body. The membership of this faith is by choice. The respondent/plaintiff who is the follower of Bahai's faith has a right of vole. His right has been withdrawn by the Appellants under Rule 178 of Lights of Guidance. Therefore, the respondent/plaintiff filed a civil suit and prayed for restoration of his valuable right of voting. The appellant/defendants raised a preliminary objection regarding maintainability of this suit on the ground of jurisdiction and the trial Court was pleased to uphold the preliminary objec...
Vishnu @ Undrya S/O Kisan Chambur Vs. the State at the Instance of Sen ...
Court: Mumbai
Decided on: May-04-1998
Reported in: 1998BomCR(Cri)888
ORDERA.P. Shah, J.1. These two appeals, one by the accused and other by the State for enhancement of sentence, are directed against the judgment and order dated 14th December 1983 passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No. 409 of 1981 recording order of conviction under section 376 of Indian Penal Code and sentencing the accused to R.I. for two years and fine of Rs. 1,000/- and in default, further sentence of 3 months R.I.2. Kum. Pushpa is the prosecutor. She was below 16 years on the date of commission of offence. Pushpa was residing with her parents Pandurang and Vimal at Khar Danda, Mumbai. The accused was known to Pushpa as she used to reside in the same locality. Besides, the accused was also a friend of her maternal uncle Tulsidas Padri. She used to visit her maternal uncle's house and there, she used to meet the accused.3. Pandurang, the father of Pushpa was at the material time in K.E.M. Hospital where he was admitted for the treatment...
Bakhtawar Construction Co. (P.) Ltd. Vs. Blossom Breweries Ltd. and or ...
Court: Mumbai
Decided on: May-04-1998
Reported in: [1999]95CompCas28(Bom)
D.K. Deshmukh, J. 1. By this appeal filed under Section 10F of the Companies Act, the appellant challenges the order, dated November 12, 1997, passed by the Company Law Board in Company Petition No. 36 of 1997 [since reported as Bakhtawar Construction Co. (P.) Ltd. v. Blossom Breweries Ltd. [1998] 91 Comp Cas 744 ; 1998] 1 Comp LJ 150 (CLB). That petition was filed by the appellant before the Company Law Board under Sections 248 and 250 of the Companies Act, The principal relief that was claimed by the appellant from the Company Law Board was that the Company Law Board should direct investigation to be made in terms of the provisions of Section 248 of the Companies Act in relation to respondent No. 1-company. It appears that before filing Company Petition No. 36 of 1997, the appellant had filed Company Petition No. 65 of 1996, under Section 248 read with Section 250 of the Companies Act. However, that petition was dismissed by the Company Law Board by its order, dated January 16, 1997 ...
Laxman Plastics P. Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-02-1998
Reported in: (1999)(112)ELT973Tri(Mum.)bai
1. The matter is covered by a precedent decision of the West Zonal Bench of the Tribunal and therefore we grant stay and take up the appeal.2. The appellants manufacture HDPE tapes, fabrics, sacks, bags, etc.Earlier they were classified under Chapter 54 and Chapter 63 of the Central Excise Tariff Act, 1985. By an order of the Central Board of Excise & Customs under Section 37B of the Central Excise Act, 1944 the classification of these articles was decided to be under Chapter 39 of CETA. The above order on classification was communicated in a Trade Notice by the Surat Commissionerate dated 14-10-1992. Following this the appellants filed a classification list for classifying the product under Chapter 39. Show cause notice issued for the period 1-10-1992 to 30-10-1992 for demanding differential duty as difference between earlier classification and the classification under Chapter 39. The demand was confirmed by the Jurisdictional Assistant Commissioner of Central Excise and the appe...
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