Mumbai Court September 1998 Judgments
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Ramchand Daulatram Chhabria and Others Vs. the Regional Provident Fund ...
Court: Mumbai
Decided on: Sep-16-1998
Reported in: 1999(5)BomCR183
ORDERT.K. Chandrashekhara Das, J.1. The matter arises out of Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioners were prosecuted for committing default in making payment towards the provident fund under section 14(1-B) read with sections 14-A and 14-AA of the Employees Provident Fund Act, 1952 before the Metropolitan Magistrate, 23rd Court, Esplanade for the period of February and March, 1982 on the basis of complaint made by the Provident Fund Inspector in Case No. 1455/PP/ 1987. Similar complaint has been filed by the Provident Fund Inspector before the said Magistrate as Complaint No. 1454 of 1997 for committing default in subscribing to the family pension. Yet another complaint was also filed by the Provident Fund Inspector before the said Magistrate as Complaint No. 1455 of 1987 for failure to pay the administrative charges and failure to submit returns. These three complaints were entertained by Magistrate and issued summons against the petitioners an...
The Commissioner of Sales Tax Vs. M/S. Bombay Sound Service and Others
Court: Mumbai
Decided on: Sep-16-1998
Reported in: 1998(4)BomCR888; 1999(2)MhLj516
ORDERDr. B.P. Saraf, J.1. By this reference under section 61 (1) of the Bombay Sales Tax Act, 1959 ('Act') read with section 8(1) of the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purpose Act, 1985, the Maharashtra Sales Tax Tribunal has referred the following questions of law to this Court for opinion at the instance of the revenue.'(i) Whether on the facts and in the circumstances of the case and on a true and correct interpretation of section 2(10) of the Maharashtra Sales Tax on Transfer of Right to use any Goods for any Purpose Act, 1985 was the Tribunal justified in law in holding that the transaction in regard to charges received for recording of song on 30-3-88 for Parbat Ke Uspar, Invoice No. 87/88/618 dated 30-3-88 was issued by the respondents is not a sale liable to tax under the provisions of the said Act? (ii) Whether on the facts and in the circumstances of the case and on a true and correct interpretation of section 2(10) of the Maharas...
P.V. Natu Vs. Ganpat Dayaram Kajbaje and ors.
Court: Mumbai
Decided on: Sep-16-1998
Reported in: 1998CriLJ4745
ORDERT.K. Chandrashekhara Das J.1. The petitioner being the Food Inspector of Thane Municipal Corporation filed a complaint before the Chief Judicial Magistrate, Thane against the Respondents 1 and 2 under Section 16(1)(e) of Prevention of Food Adulteration Act alleging the adulteration of Deshi Butter by them. The Chief Judicial Magistrate, Thane in Criminal Case No. 2163/83 taking cognizance of the complaint had issued summons to the Respondents 1 and 2. It appears that an application has been moved by the Respondents 1 and 2 before the learned Magistrate contending that at the instance of Deshi Makkhan Vyapari Sangh, Suit No. 284/66 which was originally filed in Bombay High Court in its Ordinary Original Civil Jurisdiction and subsequently transferred to Bombay City Civil Court and renumbered as Suit No. 7491/71, wherein the Union of India, State of Maharashtra, Municipal Corporation of Greater Bombay and Central Committee for Food Standards through its Secretary are impleaded as th...
Shri Modusudan Camatim Timblo, Alias Modu Timblo (Since Deceased) Thro ...
Court: Mumbai
Decided on: Sep-16-1998
Reported in: (1999)101BOMLR550
R.K. Batta, J.1. The appellants are the legal heirs of Modusudan Camatim Timblo, who had filed suit before the Comarca Court at Quepem on 3.3.1965 which was equated to the Court of Civil Judge, Sr. Division by Goa, Daman and Diu Civil Courts Act, 1965 (hereinafter called as the 'said Act'). After the coming into force of the said Act on 15.6.1966 the suit against the Government had to be filed before the District Court in terms of Section 26 of the said Act. The said Modusudan Timblo died during the pendency of this appeal. One of the parties to this suit as defendant, is State of Goa. The suit is for permanent injunction and recovery of damages. By Judgment dated 2.4.1990, after answering issues Nos. 1, 2 and 4 in favour of the plaintiff, the Civil Judge, Sr. Division held that the Court of Civil Judge, Sr. Division had no jurisdiction to try the suit and ordered the plaint to be returned to file the same in proper Court of law. The. learned Civil Judge, Sr. Division was of the view t...
Hybrid Electronic Systems Pvt. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-15-1998
Reported in: (1998)(104)ELT549Tri(Mum.)bai
1. The appeal is directed against the order of the Commissioner of Central Excise (Appeals), Mumbai, by which he has upheld the order of the Asstt. Commissioner of Central Excise, Division K-I, dated 17-10-1992. In that order the Asstt. Commissioner had confirmed the demand for Rs. 21,313.33 being inadmissible modvat credit availed of by the appellants. The appellants were availing of modvat credit facility and the Assistant Commissioner issued show cause notice on 14-5-1992 to them alleging that they have availed modvat credit on the strength of subsidiary Gate Passes and that on verification of the corresponding purchase bills, it was observed that the appellants had purchased the inputs from party other than the one whose name appeared in the subsidiary gate pass. The Asstt. Commissioner held in the adjudication case that the inputs are not covered by any document and had supplied by other person than the one who supplied the subsidiary gate pass. The Commissioner (Appeals) while u...
Commissioner of C. Ex. Vs. Harish Textile Engg. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-15-1998
Reported in: (1999)(105)ELT698Tri(Mum.)bai
1. This is an appeal filed by the department against the decision of the Collector of Central Excise (Appeals), Mumbai made in Order No.ADM-310/91, dated 31-7-1991 whereunder he held that the respondent's contention that process of dyeing and heat setting would not amount to process of manufacture and that the product would come under Tariff Heading 56.03.2. The respondent had filed a Classification List No. 7/89-90, dated 28-8-1989 for non-woven fabrics subjected to process of dyeing and heat setting and claimed the same as non-chargeable to duty as the process was done by them did not amount to manufacture within the meaning of Section 2(f) of the Central Excises & Salt Act. It was also argued by the respondent that such a process would not amount to manufacture within the meaning of Chapter 56 of the CETA. The Assistant Collector did not agree with it because it was not necessary that every process should be defined under chapter notes as process of manufacture as has done in t...
Commissioner of C. Ex. Vs. Brook Bond Lipton (i) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-15-1998
Reported in: (1999)(108)ELT717Tri(Mum.)bai
1. This appeal is directed against the order captioned above passed by the Commissioner of Central Excise (Appeals), Mumbai. At the outset, the ld. Counsel for the respondents submitted that there is a misc.application filed by them for changing the title in respect of the respondents M/s. Brook Bond Lipton (I) Ltd. consequent upon the amalgamation with Hindustan Lever Ltd. in pursuance of the Bombay High Court order dated 23-7-1996 and Calcutta High Court order dated 9-12-1996 with effect from 21-3-1997. Therefore, it was pleaded that the title should be changed accordingly. The title, therefore, is changed to M/s. Hindustan Lever Ltd. 2. The respondents manufacture prepared food stuff falling under subheading 2001.10 and 2103.11 of the Central Excise Tariff Act. They were availing Modvat credit. In the Budget of 1991-92, such products were totally exempted from payment of duty under Notification Nos.19/91 and 27/91, dated 24-7-1991. The jurisdictional Supdt. of Central Excise by a l...
A.P. Chemicals Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-15-1998
Reported in: (1999)(63)ECC290
1. The appellants herein are aggrieved by the impugned order passed by the Commissioner of Central Excise (Appeals), Ahmedabad whereby that authority has upheld the classification of the product manufactured by the appellants - paracetamol direct compression grade under sub-heading 2924.00 of Central Excise Tariff Act which was the classification adopted by the Jurisdictional Assistant Commissioner of Central Excise.The ld. Counsel for the appellants, Shri J.C. Patel submitted that the process of manufacture of the product is as follows : (a) First Paracetamol I.P/B.P. and Starch I.P./B.P. are mixed for 30 minutes in a Mixer Machine. This step is called DRY MIXING. (b) The second step is of preparing a Wet Paste of Starch I.P/B.P. Povidone I.P./B.P. Sodium Methyl Paraben I.P./B.P. and Sodium Benzoate I.P./B.P. (c) The dry mixture and the wet paste are then thoroughly mixed to form a wet mass. (d) The said wet mass is then dried in the Drier at 80C and thereafter granulated through a M...
Shri Ashok Yashwantrao Patil and Others Vs. Dist. Collector, Satara an ...
Court: Mumbai
Decided on: Sep-15-1998
Reported in: 1998(4)ALLMR256; 1999(1)BomCR52; (1998)3BOMLR486; 1998(3)MhLj569
ORDERA.C. Agarwal, J.1. Order passed by the Collector, Satara on 4th September, 1998 in Petition No. 4260 of 1997 disqualifying the petitioners under Maharashtra Local Authority Members Disqualification Act, 1987 and the Rules framed thereunder from their membership in the Karad Municipal Council is impugned in the present petition.2. We have perused the order which is impugned. We have also heard the learned Counsel appearing for the contending parties at considerable length and we find that the present petition is devoid of merit and, therefore, does not merit consideration.3. Petitioners have been elected in the election held on 1st December, 1996 having been sponsored by the Nagar Vikas Aghadi. Elections for electing the President of the Municipal Council were held on 12th December, 1997. Prior to that a meeting was convened on 18th October, 1997 which was attended amongst others all the 11 elected members belonging to Nagar Vikas Aghadi. In an unanimous Resolution passed in the me...
Madhusuden Dattatraya Kinalekar Vs. Janardhan Ramkrishna Masurkar and ...
Court: Mumbai
Decided on: Sep-15-1998
Reported in: 1998(4)ALLMR252; 1999(5)BomCR16; 1999BomCR(Cri)16; 1999(2)MhLj640
ORDERT.K. Chandrashekhara Das, J.1. This writ petition arises out of a petition filed by the petitioner tenant before the Judicial Magistrate at Sawant Wadi invoking his right under section 21(2) of the Bombay Rents, Hotel and Lodging Houses Rates (Control) Act (hereinafter called the Rent Act). The learned Magistrate took cognizance of the offence and sent notice to the respondent and on receipt of the notice, the respondent filed application contending that the complaint filed by the petitioner before the Magistrate was barred by section 300 of Cr.P.C. He had contended that in an earlier occasion a similar notice was sent by the petitioner and the same has been rejected by the learned Magistrate on merit and against that order the petitioner filed the writ petition before this Court and ultimately that writ petition came to be dismissed. However, the Magistrate rejected that contention of the respondent holding that the tenant can get a fresh cause of action whenever he sends notice ...
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