Mumbai Court January 1999 Judgments

Chandrashekhar @ Balasaheb Maruti Barote Vs. Ahmednagar Municipal Coun ...

Court: Mumbai

Reported in: 2000(2)BomCR834

ORDERN.P. Chapalgaonker, J.1. This writ petition raises a question of law as to the interpretation of the provisions of section 51-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter for the sake of brevity, referred to as 'the said Act'). The relevant part of the said provision is as under;51-A(1)(a) Every Council shall have a Vice-President, who shall be appointed by the President from amongst the elected Councillors, before the first meeting convened by him is held, or as the case may be, within seven days from the date on which the vacancy in the office of Vice-President occurs due to any reason.(4) The Vice-president shall hold office of Vice-President for one year from date of his appointment or for the residue of his term as Councillor, whichever is earlier, subject to the provisions of sub-section (5) of this section and of section 55-A and other provisions of this Act and shall be eligible for re appointment.2. Petitioner C...

Shri Jose Maria Florence Xavier Cassiano Luis Alias Jose Luis Vaz, Sin ...

Court: Mumbai

Reported in: 1999(3)ALLMR85; 1999(4)BomCR528; 1999(3)MhLj10

ORDERR.M.S. Khandeparkar, J.1. This is a revision application against order dated 7th August 1997 passed in Miscellaneous Civil Application No. 165 of 1992 by the Additional District Judge at Mapusa dismissing the appeal filed by the petitioners who are the defendants in Regular Civil Suit No. 147 of 1990. The said appeal was preferred by the petitioners in the lower Appellate Court against the order dated 31st August 1992 which was passed in Civil Miscellaneous Application No. 232/90 in the said suit by the Civil Judge, Senior Division at Bicholim. By the impugned order the said appeal was dismissed by the lower Appellate Court. The trial Court by the said order dated 31st October 1992 had allowed the application filed by the respondent for temporary injunction against the petitioners.2. Shri U.S. Kolwalkar, learned Advocate appearing for the petitioners, while assailing the impugned order, submitted that the respondent had approached the Civil Court with a specific plea that the resp...

C.C.E. and Cus. Vs. P.N. Dhoot Investment Co. Pvt.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1999)(65)ECC197

1. These two appeals are by the Department against the order of the Collector of Central Excise, Aurangabad, withdrawing the two notices issued to the assessee by the Department. Each of the notices alleged that the respondent sold the washing machines, bearing the brand name Videocon manufactured by Videocon Appliances Limited (VAL for short) and Videocon International Limited (VIL for short), and that both these firms, by virtue of the presence of common directors P.N. Dhoot and N.M. Dhoot and because of the fact that the company was promoted by Dhoot family are related. It proposed the assessable value to be one at which the washing machines were sold by the VAL or VIL. It appears that the Collector in his order did not give specific reason but merely ordered withdrawal of the notices. It is contended in the Department's appeal that he has recorded his reasons in his file.2. The Departmental Representative reiterates the contention in the appeal and cited judgment of the Supreme Co...

Oldfjell Tankers Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1999)LC697Tri(Mum.)bai

1. M/s. Oldfjell Tankers (Appeal 765/98) is the owners of vessels MT Bow Sea and MT Owl Trader, Gunnersen Ragnar and G. Blevrakis are the Masters of Bow Sea (C/761/98) and Owl Trader (C/756/98). Intra Trade Pvt. Ltd. (C/764/98) and South India Corporation (Agencies) Ltd. (C/763/98) respectively are the steamer agent for the vessels at Kandla and Sikka ports. R.C. Reddy (C/760/98) and Binod Kuriakose (C/762/98) respectively are employees of Intra Trade Pvt. Ltd. and South India Corporation (Agencies) Ltd. 2. In the impugned order, the Commissioner has imposed penalties under Section 112 of Rs. 35.00 lacs on the first appellant, Rs. 25.00 lacs on the second appellant, Rs. 20.00 lacs on third appellants, Rs. 25.00 lacs on the fourth appellant, Rs. 20.00 lacs each on the fifth and seventh appellants and Rs. 25.00 lacs on the sixth appellant. He has ordered confiscation of Bow Sea and Owl Trader with option to redeem them on payment of fine of Rs. 10.00 crores and Rs. 5.00 crores respectiv...

Abubakar M.Y. Shaikh Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1999)(110)ELT917Tri(Mum.)bai

1. The appellants in this case were working under the physical control system. They were receiving polyamide (nylon) chips under Chapter X procedure at Nil rate of duty and manufacturing monofilament yarn from them and clearing the same on payment of duty. One consignment of 4 M.Tons was cleared by them under Gate Pass No. 1 on 24-9-1991 showing the variety of goods as 'nylon monofilament yarn' and showing classification under Heading 54.04. Although, they were under physical control, it appears that they had filed a classification list on 23-9-1991. Samples of the product were drawn on the date of clearance i.e. 24-9-1991 and were sent for chemical test. The chemical examiner opined that the sample was of synthetic monofilament yarn and this opinion was dated 29-10-1991. In the meanwhile, on 3-10-1991, the Superintendent wrote to the assessee saying that the correct classification would be 5406.19 as synthetic filament yarn and not under Heading 54.04 as artificial mono-filament yarn...

Dilip Lalchand Shah Alias Porwal Vs. Collr. of Cus. (Prev.)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1999)(112)ELT409Tri(Mum.)bai

1. On 21-3-1988, gold biscuits were seized from the possession of one Shri T.A. Chopra. Shri Chopra deposed that he used to get foreign marked gold from one Shri Dilip. He gave telephone no. of the shop of the said Shri Dilip. Shri Dilip told him that one messenger by name Shri Bhura would deliver the gold to him at Haji Ali. Shri Chopra admitted to receiving the gold and having sold part of it before the Customs detected this remaining gold. The Customs then visited the shop at No. 9, Golchandmal Boras Road. Subsequently, residential premises of the present appellant were searched with nil recovery. As per summons issued to this 'Dilip' he was known as Dilip Lalchand Shah Alias Porwal. In his statement recorded on 22-4-1988, he deposed that on the material day, he was away in Rajasthan and that he was hospitalized there during 20-3-1988 to 22-3-1988. A medical certificate was produced by him. However, the hospital's records showed that one 'Dilip Shah' was at the material time in the...

Balchand K. Vora Vs. Eighth Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. I find it convenient to dispose of these two appeals of the assessee, for assessment years 1987-88 and 1988-89, by this consolidated order. Rival contentions have been heard and records perused.2. The relevant facts, in this case, are that the assessee being a Commerce Graduate, was appointed in February 1969, by M/s. Graham Firth Steel Products India Ltd., as an Executive-in-charge of accounts on a monthly salary of Rs. 925. At the time of his appointment, the company had a turnover of Rs. 13.00 lakhs only. On joining the said company, the assessee prepared a cost audit report which was forwarded by the employer to its foreign collaborator in U.K., who appreciated the same immensely. The assessee's suggestion for cutting the cost yielded handsome dividends to the company and in appreciation thereof the assessee was promoted to the post of Commercial Manager in 1973. He was also made incharge of negotiating loans on behalf of the company. After some years, he was elevated to the po...

Baburao S/O Manaji Vs. Gangubai W/O Rambhau and Others

Court: Mumbai

Reported in: 1999(3)ALLMR417; 2000(1)BomCR121

ORDERS.B. Mhase, J.1. Heard Shri V.B. Ghatge-Patil, learned Counsel for the petitioner and Shri. A.S. Deshmukh, Advocate, holding for Shri, S.G. Deshmukh, learned Counsel for respondent No. 3. 2. This Civil Revision Application is directed against the order dated 18-12-1989 passed by the learned Civil Judge, Senior Division, Parbhani, below Exhibit-94 from Special Civil Suit No. 21 of 1965 wherein the request was made that till the reference proceeding sent under section 99-A of the Hyderabad Tenancy and Agricultural Lands Act, has been finally adjudicated by the Maharashtra Revenue Tribunal, the hearing of the suit may be stayed. It appears that after the matter was decided by the Sub-Divisional Officer in Appeal, the decision was communicated to the Civil Court on the basis of which the Civil Court wanted to proceed however, the Civil Court was informed that the matter is pending before the Maharashtra Revenue Tribunal by way of revision under section 91 of the Hyderabad Tenancy and ...

Mahalingayya S. Hunshalmath Since Deceased by His Heirs Vs. Shri Anant ...

Court: Mumbai

Reported in: 1999(2)ALLMR342; 2000(1)BomCR182

ORDERR.M. Lodha, J.1. This writ petition filed under Article 227 of the Constitution of India is directed against the judgment and decree passed by 8th Addl.District Judge, Pune on 8-11-89 affirming the judgment and decree for eviction passed by the 4th Addl. Small Causes Court, Pune. The only question that arises for consideration in this writ petition is whether the decree for eviction passed by the courts below on the ground of default under Bombay Rents Hotel and Lodging House Rates Control Act, 1947 (for short Bombay Rent Control Act) is justified or not.2. The brief facts necessary for consideration of the said question are : Shri Anant S. Nifadkar, respondent herein is the landlord in respect of 3 rooms on the second floor in house No. 697, Kasba Peth, Pune which was let out to Shri Mahalingayya S. Hunshalmath, since deceased and now represented by his legal representatives. According to the landlord, the said premises were let out to the tenant for the rent of Rs. 33.50 ps. per...

Shri Shaikh Azmatulla, U.D.C. Vs. the Director of Education, Govt. of ...

Court: Mumbai

Reported in: 1999(3)ALLMR33; 1999(3)BomCR516

ORDERR.K. Batta, J. 1. The petitioner was working as Head Clerk in the Anjumen Himayatul Islam High School at Baina and by order dated 4th July, 1994, he was reverted from the said post of Head Clerk and appointed as U. D. C. on the ground that the post of Head Clerk had become surplus due to the fall in the strength of students in the said school. By another Order dated 26th August, 1993, punishment of withholding of increment was imposed on the petitioner. Both these Orders have been challenged by the petitioner in this petition. Insofar as challenge relating to withholding of increment is concerned, it has been submitted by learned advocate Shri Sonak, that the Managing Committee has now initiated disciplinary proceedings for break of one day in connection with the imposition of punishment. The said imposition was challenged on various grounds including thatthe punishment could not be imposed by the Head Master of the School. However, in view of the fresh proceedings initiated by th...