Mumbai Court January 1999 Judgments
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Vasu Pharmaceuticals Pvt. Ltd. Vs. Commr. of Cen. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1999
Reported in: (1999)LC195Tri(Mum.)bai
1. Question for consideration in this appeal is whether drug prescribed as Trichup is classifiable as ayurvedic medicament under Heading 30.03 or as a preparation used on the hair under Heading 33.05.2. Advocate for the applicant contends that the product contains ingredients which have been mentioned in recognised ayurvedic texts and manufactured in accordance with licence for manufacture of ayurvedic drugs issued by the Drugs Controller from whom a certificate has been produced to this affect. He says that the product has been approved for three years as an ayurvedic medicine. It is administered only according to prescription and sold only by chemists. The product literature says that it shall be used for dandruff and hair loss, etc. Another product of the same name in capsule form has been classified under Heading 30.03. The impugned order does not rely on evidence for its conclusion that the product is for preparation of hair. He relies on the Supreme Court judgment in B.P.L. Phar...
Manohar Hingorani Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1999
Reported in: (1999)(84)LC703Tri(Mum.)bai
1. This is the party's appeal by name Shri Manohar Hingorani against the above captioned impugned order dated 20.11.1989/26.12.1989 praying for quashing the same, to the extent affecting him, and to set aside the penalty imposed upon him and for any other orders incidental or consequential to the above orders.1.1. The facts of the case are that M/s. Ebrahim Karmali CHA No. 11/388 filed a shipping bill no. 520250 dated 14.4.1986 in the Custom House Export Department in the name of M/s. Tirupati International for export of 380 cartons declared to contain powerloom polyester filament fabrics (300 denier) 34200 pcs. each measuring 1.2 mtrs. weighing 12312 kg. of a declared value of Rs. 10,08,471/- FOB under duty free scheme as per appendix 21 of the Import and Export Policy, 1985-88. It was consigned to M/s. Hung To Trading Company Hong Kong vide invoice No. T1-01, dated 19.3.1986 and GR No. GE-576445 dated 30.3.1986. The exporters declared in the shipping bill that they would be claiming...
Mane Kunal Naresh Vs. Pawar Vithal Jyoti and Others
Court: Mumbai
Decided on: Jan-13-1999
Reported in: AIR1999Bom124; 1999(1)ALLMR491; 1999(2)BomCR135; 1999(2)MhLj102
ORDERT.K. Chandrashekhara Das, J. 1. The petitioner challenges in this writ petition the order passed by the Small Cause Court at Bombay in Municipal Election Petition No. 63/97 on 5th May, 1998 wherein the petitioner's candidature as Municipal Councillor in Brihan Mumbai Municipal Corporation has been set aside. The election of the Brihan Mumbai Municipal Corporation was held on 23-2-1997. The petitioner among other candidates had con-tested the election in Ward No. 68 and got elected, by securing 5728 votes. The next defeated candidate, the respondent No. 1 herein, secured 3682 votes. The main ground of the challenge of the petitioner's election made by the first respondent before the Court below was that his age was below 21 years at the time of filing his nomination as against the prescribed minimum age to contest the election was 21 years and above. The Small Cause Court on going through the evidence produced by the parties both oral and documentary, found that at the time of fili...
The Board of Trustees of the Port of Bombay Vs. the Transport and Dock ...
Court: Mumbai
Decided on: Jan-13-1999
Reported in: 1999(1)ALLMR487; 1999(2)BomCR279
ORDERN.J. Pahdya, J.1. The petitioner is a Board of Trustees of the Port of Mumbai and has challenged the Award passed by the Central Government Industrial Tribunal No. 2, Mumbai, in Reference No. CGIT-2/13 of 1992.2. A dispute related to the correct birth date of the worker Shaikh Zakeria Ahmed, Winchman, working in Dredging Section.3. According to the original service record, when he entered the service in the year 1953, his birth date was shown to be as 15th July, 1936. Six months before his retirement i.e. 30th July, 1989, he pursued the School Leaving Certificate issued on 1st March, 1988 showing that his correct birth date is 1st July, 1931 or 1937. In such case ordinarily, the management always takes an objection that it is a belated offer on the part of the workman to get his birth date corrected solely with a view to get his services extended by dubious and devious ways. In the instant case, this plea could not be taken because as per the agreement between the petitioner and t...
Dr. Vasant Vinayak Jogawar Vs. University of Poona and Others
Court: Mumbai
Decided on: Jan-13-1999
Reported in: 1999(4)BomCR95; (1999)2BOMLR630; 1999(2)MhLj962
ORDERB.N. Srikrishna, J.1. This is another pathetic case of a pensioner, to boot a teacher in the University, who is made to run around in circles because the State authorities are unable to take a decision on his entitlement to pensionary benefits. That a teacher, a Government servant, at the fag end of his career was treated in this fashion, is saddening.FACTS:2. The petitioner joined a Government College known as Rajaram College, Kolhapur, as a Lecturer in Psychology. The petitioner's service was regularised after selection by the M.P.S.C. and he was appointed permanently as a Lecturer in Psychology with effect from 14th November 1962. On 3-3-1981 the petitioner applied to the Poona University for being absorbed as a Lecturer in the college. Since absorption by the Poona University would necessarily mean giving up his job under the Government, the petitioner decided to take voluntary retirement from Government service and then join the Poona University. At the material time the Gove...
Abdul Hamed Abdul Gafoor and Another Vs. State of Maharashtra and Anot ...
Court: Mumbai
Decided on: Jan-13-1999
Reported in: 1999(5)BomCR313; 1999BomCR(Cri)313; 1999CriLJ1478; 1999(1)MhLj686
ORDERDr. Mrs. Pratibha Upasani, J.1. This writ petition is preferred, being aggrieved by the judgment and order dated 20th December, 1991 passed by the Court of Sessions, Malegaon, dismissing the appeal preferred by the appellants (Original Accused Nos. 2 and 3) and confirming the order passed by the Judicial Magistrate, First Class, Malegaon, about the return of property.2. Few facts need to be narrated, which are as follows :The petitioners in this writ petition, were original accused Nos. 2 and 3 in Criminal Case No. 17 of 1989, on the file of the Court of the Judicial Magistrate, First Class, Malegaon. Three accused, namely, Mohd-Hanif Vali Alla Sardar, Abdul Hamid Hafij Abdul Gafur and Sarvar Abdul Hamid, were chargesheeted for the offences punishable under section 406, 420 read with 34 of the Indian Penal Code.3. The prosecution case was that the complainant Mr. Noor Khan, who was the resident of Malegaon and who was running power looms of Grieves Cotton Co., Ahmedabad make, was ...
Abdul Basheer Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Jan-13-1999
Reported in: 1999(5)BomCR423; 1999BomCR(Cri)423
ORDERN. Arumugham, J.1. By filing the writ of habeas corpus under Article 226 of the Constitution of India, the petitioner, who is a friend of the detenu, by name, Shri Abbas Kacheri Kunnummal, has challenged the order of detention passed by the 2nd respondent, viz. Shri G.S. Sandhu, Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority vide No. S.P.L. 3(A)/ P.S.A. 1097/77 Home Department (Special), Mantralaya, Mumbai 400 032 dated 11-11-1997, as confirmed by the State of Maharashtra, the 1st respondent, thereby, detaining the detenu by virtue of section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for all its alleged impropriety and illegality. The order of detention above referred shown in Annexure-A and the grounds of detention shown in Annexure-B and the documents relied upon by the detaining authority in Annexure-C, were executed on the detenu on 3-2-1998 and served upon him all t...
Mohan Govind Naik Vs. State (Through Public Prosecutor, Panaji)
Court: Mumbai
Decided on: Jan-13-1999
Reported in: 1999BomCR(Cri)503
ORDERR.K. Batta, J.1. The appellant was tried for murder of Keshav Uttam Naik under section 302 I. P.C. and for causing disappearance of evidence in relation to the said murder under section 201 I. P.C. The prosecution had in all examined 18 witnesses in support of the said charges. The learned Additional Sessions Judge, Panaji, has, vide judgment dated 17th March 1998, held the appellant guilty under section 304 Part I, I.P.C. as well as section 201 I.P.C. The appellant has been sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 2,000/-, in default simple imprisonment for 6 months under section 304 Part I, I.P.C. and to undergo 2 years rigorous imprisonment and fine of Rs. 1,000/-, in default to undergo 3 months simple imprisonment under section 201 I.P.C. The sentences are ordered to run concurrently. The period of detention during the trial has been set off under section 428 Criminal Procedure Code.2. Learned Advocate Shri Lotlikar, appearing on behalf of the appell...
Homa Engineering Works Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-12-1999
Reported in: (1999)LC506Tri(Mum.)bai
This is party's appeal against the order No. 1/95 BP dated 2-1-1995 of Collector of Customs (Appeals), Mumbai praying for setting aside the same, after allowing the appeal with consequential relief of fine and penalty paid by the appellant as per order-in-original.1. The facts of the case are that on 9-10-1993 on night petrol, officer of M & P Division, Rummaging Section of the Preventive Collectorate, Bombay, noticed the barge "Daryalaxmi" along side the ship M.V.Ali-Hadi anchored at J-3 location on stream. Shri J.J. Mishra, person in charge of the ship was supervising the off loading approximately 28 tons of M.S. Scrap from the ship to the barge. Ship MV-Ali-Hadi was of foreign origin, registered in Kingstown and engaged in foreign trade.Enquiry with Mishra revealed that scrap removed was generated from during the course of repairs of the ship which is a part of scrap generated. The repairs of the ship was done at Mumbai by the Appellant.J.J. Mishra was its employee. He did not ...
Rathi Transpower Pvt. Ltd Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-12-1999
Reported in: (1999)(114)ELT46Tri(Mum.)bai
1. Application is for modification of the Tribunal's order asking the applicant to deposit Rs. 20.00 lacs out of the demand of Rs. 85.45 lacs.2. Advocate for the applicant says that the Tribunal had gone by its earlier order in the stay application filed by STS Chemicals Ltd. on an identical issue. The High Court however, on a Writ Petition filed before it reduced the deposit to be made by STS Chemicals Ltd. He further contends that the applicant's case is on a better footing, since the brand name is owned by it, known by the appellant company.3. We do not think it appropriate to go into the later question, which had already been raised before the order was passed permitted the question and no doubt considered by it. However, High Court orders were passed much after Tribunal's order was passed, applying the quantum decided by the High Court, we reduce the amount to be deposited to Rs. 15.00 lacs. This is to be deposited within two months upon such deposit, we waive deposit of the rema...
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