Mumbai Court December 1999 Judgments
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Goa Paints Allied Products Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-01-1999
Reported in: (2000)(119)ELT409Tri(Mum.)bai
1. These cases are posted for final hearing out of turn. After hearing both sides on 28-7-1999 the cases were ordered to be posted in October, 1999 without specifying a date, so that the counsel could organize the dates. Today a written request is made for adjournment on the ground that senior counsel engaged would be available only on Fridays, and therefore he is not available. The request is also made for adjournment so that this matter could be clubbed for early hearing with some other case.2. We find that the appellants after prevailing upon the Tribunal to grant out of turn hearing have advanced some frivolous grounds for adjournment. This bunch of cases is adjourned with the direction that they be posted for hearing in the normal course....
Nippon Denro Ispat Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-01-1999
Reported in: (2000)(68)ECC643
1. This is an appeal against the order passed in File No. V/Adj (SCN) 15/473/97-M III dated 23rd September, 1996 by the Commissioner of Central Excise, Mumbai III whereunder he disallowed the Modvat credit of Rs. 3,49,64,830/- covered by four show cause notices as they have been wrongly availed and also levied a penalty of Rs. 3,50,00,000/- under Rule 173Q of the Central Excise Rules.2. The appellants were manufacturing Direct Reduced Iron classified under sub-heading 7203.00, Briquetting Iron, classified under the same sub-heading 7203.00 and Hot Rolled Coils under sub-heading 7209.00 under Central Excise Tariff Act. It appears they had taken Modvat credit under Rule 57Q for beams, channels, plain plates angles HR sheets channel, plain plates, CTD bars, corrugated sheets, paints and varnishes etc. Four show cause notices were issued for various periods for various amounts as mentioned below mentioning that Modvat credit was erroneously taken and utilised._____________________________...
Keval Krishna Balakram Hitkari and Another Vs. Anil Keval Hitkari and ...
Court: Mumbai
Decided on: Dec-01-1999
Reported in: AIR2000Bom108; 2000(3)ALLMR168; 2000(2)BomCR437
ORDERD.K. Deshmukh, J.1. Arbitration Petition No. 148 of 1997 has been filed for passing a decree in terms of the Award dated 3rd April 1995 made by the learned Arbitrator Shri R.R. Chari and numbered as Award No. 121 of 1995. It is the case of the petitioners that the petitioners and the respondents are closely related. The petitioner Nos. 1 and 2 are the husband and wife respectively. Respondent No. 1 is their son. Respondent No. 2 is the wife of their son Mr. Anil. Respondent No. 3 Mr. Arun is their another son. Respondent No. 4 is the daughter-in-law being wife of their son Mr. Arun. Respondent No. 5 is the sister of petitioner No. 1 and respondent No. 6 is a legal representative of deceased daughter of the petitioners by name Anju Sawhney. Respondent Nos. 7 and 8 are the business concerns of the family. According to the petitioners an agreement was reached between the parties on 12th November 1994 whereby the parties decided to refer their disputes and differences to a Sole Arbitr...
Motilal Kishangopal Thanvi Vs. Union of India and Others
Court: Mumbai
Decided on: Dec-01-1999
Reported in: 2000(2)BomCR869; (2000)1BOMLR592; 2000(3)MhLj483
ORDERD.K. Deshmukh, J.1. The plaintiff has filed the present suit for a decree in an amount of Rs. 14,25,000/- together with costs. It is the case of the plaintiff that on 10th May 1988 and 11th May 1988 he had submitted certain information to defendant No. 2, the Director of Inspection, Income-tax Department that there was evation of Income-tax and illegal transaction by four shop owners whose names are mentioned in paragraph 3 of the plaint. The plaintiff claims that pursuant to the information given by him raid was conducted by defendant No. 2. As a result of that raid material worth Rs. 3 crore were seized. According to the plaintiff, he is entitled to receive 10% of the amount of Income-tax charged by the Department pursuant to the information supplied by the plaintiff. According to the plaintiff, he is entitled to an amount of Rs. 15 lac as reward. The plaintiff submitted that he has been paid only an amount of Rs. 75,000/- and therefore, he is entitled to a decree in a sum of Rs...
United Commercial Bank Vs. Madan Mohan Dide
Court: Mumbai
Decided on: Dec-01-1999
Reported in: 2000(2)ALLMR317; [2002]109CompCas873(Bom)
F.I. Rebello, J.1. The defendant was a director of Artwood Products Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and since wound up by order dated July 12,1976, in Company Petition No. 582 of 1975. On January 13, 1971, at the request of the company, the plaintiffs granted to the company a term loan in the sum of Rs. 2,00,000 on the company agreeing to pay interest thereon at the rate of 5 per cent. per annum above the Reserve Bank of India rate subject to minimum 10 per annum with quarterly rests. The company agreed to hypothecate in favour of the plaintiffs all the moveable plant, machinery etc. In consideration thereof a loan was granted in the sum of Rs. 2,00,000 and the same was secured by the company, by demand promissory note, a letter of waiver and letter of continuity. On January 13, 1971, the company had executed a deed of hypothecation whereby several articles including moveable plant and machinery were hypothecated and charge has be...
Kusum Shivajirao Babar Nee Kumari Kusum Balwant Shingate Vs. Hirabai B ...
Court: Mumbai
Decided on: Dec-01-1999
Reported in: (2000)102BOMLR578
J.A. Patil, J.1. This Appeal, filed by the original plaintiff, is directed against the judgment and decree dated 31.1.1983 passed in the Special Civil Suit No. 48 of 1978 by the Joint Civil Judge, ST. Division, Satara, The learned Civil Judge partly decreed the plaintiffs suit for possession, declaring that she has only 1/4th share in the suit property and that she was entitled to get the same separated on partition. The plaintiff who had claimed the possession of the entire suit property, feeling dissatisfied with the said order, has preferred this Appeal. It may be pointed out that defendant No. 1 has filed a Cross Objection, praying for dismissing the plaintiffs suit and for setting aside the findings recorded by the learned Joint Civil Judge to the effect that she was not the legally wedded wife of the deceased Balwant Shingate.2. A few relevant facts which would be necessary for deciding this controversy are as under :Deceased Balwant Shingate, who died on 11.8.1978 was the father...
Gopal Damduji Shelwatkar Vs. GramIn Uddhar Society, Kamptee and anr.
Court: Mumbai
Decided on: Dec-01-1999
Reported in: 2000(3)ALLMR223; (2000)102BOMLR595
D.D. Sinha, J.1. Heard Shri Deshpande, learned Counsel for the petitioner, Shri S.P. Palshikar, learned Counsel for respondent No. 1 and Shri A.G. Mujumdar, A.G.P. for the respondent No. 2.2. The present Writ Petition is directed against the judgment and order dated 27th August, 1987 passed by the Presiding Officer, School Tribunal, Nagpur in Appeal No. S.T.N./30 of 1987 preferred by the petitioner against his order of termination, which came to be dismissed by the Presiding Officer, School Tribunal.3. The petitioner was working as a Head Master in the school run by the respondent No. 1 Society. The petitioner was initially appointed as an Assistant teacher with effect from 10.7.1980 and was promoted to the post of Head Master with effect from 1.9.1982. The petitioner's services came to be terminated vide order dated 26.3.1 987. Being aggrieved by the order of termination, the petitioner preferred an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of ...
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