Mumbai Court February 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Narayan Shankar Mukane Vs. the Union Bank of India and Others
Court: Mumbai
Decided on: Feb-08-1999
Reported in: 1999(2)ALLMR22; 1999(2)BomCR463; (1999)2BOMLR189; [1999(82)FLR831]; (1999)IILLJ576Bom; 1999(2)MhLj213
ORDERT.K. Chandrashekhara Das, J.1. The petitioner, who is an employee of Union Bank of India, in this writ petition challenges the order of discharge from the service as Head Cashier-cum-Clerk passed against him by the respondent No. 2 on 21-10-1989, after holding Disciplinary Enquiry, which was conducted against the petitioner. An appeal, filed against that order also failed by passing an order by the appellate authority on 22-1-1990. The petitioner is an employee of the Union Bank of India, which is a nationalised Bank.2. The following charges of mis-conduct have been framed against the petitioner :--(i) Unauthorised disclosure of information regarding the business/ affairs of the Bank or any of its customers or any other person connected with the business of the Bank which is confidential or the disclosure of which is likely to be prejudicial to the interest of the Bank.(ii) Doing acts prejudicial to the interest of the Bank.3. The allegations against the petitioner are that the pe...
Dipesh Textiles Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-05-1999
Reported in: (1999)(107)ELT34Tri(Mum.)bai
1. Applications are for waiver of penalty imposed, Rs. 2 lakhs on Dipesh Textiles, Rs. 4 lakhs on Hasmukh Deochand Shah, its proprietor, and Rs. 1.5 lakhs on A.I. Lokhandwala.2. First two applicants are absent despite notice. We have perused the appeals and stay applications and heard Shri M.H. Patil, Advocate for the third applicant. We have also heard the departmental representative.3. Penalty have been imposed on first two applicants on the ground that they were concerned with the smuggling of 24 packets of Korean yarn valued Rs. 2.57 lakhs, which the Commissioner finds was smuggled. The contention that penalty cannot be imposed on a proprietary firm and also on its proprietor has, prima fade, to be accepted. While the involvement of these applicants is not clearly spelt out in the order, the stay application is also lacking sufficient details as to justify waiver of deposit. There appears to be a prima facie involvement of these two applicants in the smuggling of the goods. Accord...
Commissioner of Central Excise Vs. Glaxo India Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-05-1999
Reported in: (1999)(107)ELT788Tri(Mum.)bai
1. This appeal from Revenue was argued by Shri K.L. Ramteke. The Respondents were represented by Shri Ranjeet Seetharam, Advocate.2. The assessees manufactured medicaments using glass bottles as an input. During a study, the Jurisdictional officers observed that there was a substantial difference between the empty bottles received and the bottles used or in balance. A similar objection had already been taken by the audit unit earlier. The show cause notice was issued alleging that the bottles so found short were surreptitiously cleared by the assessees. Before the Assistant Collector, the assessees claimed that during processing some bottles were broken and became scrap, the scrap was cleared in terms of the prescribed procedure. It was claimed that Modvat credit could not be reversed on this quantity. The Assistant Collector accepted this argument. He observed that the Government had given the breakage norms at 4% whereas in the instant case, the breakages came to 2% to 21/2%. He als...
Universal Wire Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-05-1999
Reported in: (1999)LC170Tri(Mum.)bai
1. The appellants imported industrial razor blades claiming classification under Heading 8208.90. The Assistant Collector on examination of the catalogue of the goods and also on securing expert opinion arrived at the conclusion that the blades were for use in shaving razors. He reclassified the goods under Heading 8212. He further held that the goods were consumer goods the import of which was not allowed without a specific import licence. He ordered confiscation of the goods but permitted redemption thereof on payment of a fine. He also imposed a penalty on the importers. The importers then filed an appeal. The Collector of Customs (Appeals) observed that the ordinary shaving blades were of less thickness than the contested goods. He also found that the cost of the imported goods was twice that of the shaving blades available in the market. He also observed that the contested goods lacked flexibility. On these grounds he held that the goods could not be called to be consumer goods. ...
Assistant Commissioner of Vs. Associated Builders
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-05-1999
Reported in: (2000)72ITD273(Mum.)
1. The appeals are by the revenue and the cross objection is by the assessee. Since they were heard together, they are disposed of by a common order for the sake of convenience.2. The only effective ground taken by the revenue in this appeal is whether the CIT (Appeals) was right in deleting the addition of Rs. 1,42,290, representing the difference between the market value of an unsold flat and its cost price, on the dissolution of the firm.3. The brief facts giving rise to the appeal are these. The assessee is engaged in the construction business. It is a partnership firm consisting of four partners. On 14th July, 1986, a deed of dissolution was entered into between the partners under which except Smt. Sufia Suleman, the other three partners retired. Sufia Suleman was to continue the business of the partnership firm. The dissolution was pursuant to a memorandum of family arrangement-cum-compromise dated 11th July, 1986. According to the dissolution deed, the partnership firm stood di...
M/S. West Coast Paper Mills Ltd. Vs. the Trustees of the Port of Bomba ...
Court: Mumbai
Decided on: Feb-05-1999
Reported in: 1999(3)ALLMR74; 1999(2)BomCR425; 1999(1)MhLj860
ORDER1. Appellant (obstructionist No. 8) claims to be in possession through judgment-debtors. Respondents (original plaintiffs) have obtained a decree against the judgment-debtors after a contest in 1980. The judgment-debtors impugned the decree for possession by preferring an appeal. The same was withdrawn in 1989. Based on the withdrawal, a contention is raised that the decree is collusive. The submission cannot be countenanced as the decree was passed after contest and the appeal was withdrawn after a lapse of 9 years after the filing of the same.2. A decree was passed against the judgment-debtors in respect of the open plot of land. The judgment-debtors have inducted the appellant (obstructionist No. 8) on a structure put up by them. All that is claimed by the appellant (obstructionist No. 8) is that it is in its possession since 1960. Since the property in question belongs to the Bombay Port Trust, provisions of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, ...
Syndicate Bank and Another Vs. the Official Liquidator and Others
Court: Mumbai
Decided on: Feb-05-1999
Reported in: 1999(2)BomCR618; [1999]98CompCas487(Bom)
ORDERF. I. Rebello, J.1. These applications arise from the order of winding up of Wester Works Engineers Limited. As the applicants have prayed for similar reliefs and as the same questions of law arise in the matter, they are being disposed of by this common order.2. The applicants in Company application No. 116 of 1998 have prayed that the respondent No. 1 be ordered and directed to pay to the applicants a sum of Rs. 19, 48, 552/ - together with interest thereon at the rate of 19.13% per annum from 27th November, 1997 till payment and/or realisation. The expenses were incurred by the applicants towards sale of securities given by Company in liquidation pursuant to the order passed by Board of Industrial and Financial Reconstruction. A further direction which is sought is, that a sum of Rs. 7,76,75,000/- being approximately 75% of the amount due and payable by the Company in liquidation to the applicants be paid to them.Similarly, in Company Application No. 117 of 1998 the Applicants ...
M/S. Shrikrishna Oil Mill Vs. M/S. Radhakishan Ramchandra [Overruled] Overruled
Court: Mumbai
Decided on: Feb-05-1999
Reported in: 1999(4)ALLMR712; 2000(2)BomCR759; 2000(2)MhLj644
ORDERS.B. Mhase, J.1. This is a revision application under section 26 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 challenging the orders passed by the Rent Controller, Latur in Case No. 1982/R.C.A./O/ 1 decided on 21st January, 1988 and of the District Judge, Latur, in Rent Appeal No. 3 of 1988 decided on 21-6-1989. By these proceedings the petitioner tenant has been directed to vacate the godown premises bearing Municipal No. 162/163/9 situated at Zinganappa Galli, Latur. 2. The petitioner is a tenant of the premises Municipal No. 162/163/9 situated in Zinganappa Galli, Latur and the respondent is the landlord. These premises were rented out initially at the rent of Rs. 1500/- for the period of one year to locate the Oil Mill of the petitioner firm. That agreement is not on record and which is the year in which the said agreement was effected that is also not on record. But however, both the parties agreed that such an agreement was there. The respondent landl...
Smt. Ashwini Satish Bhat Vs. Shri Jeevan Divakar Lolienkar and Another
Court: Mumbai
Decided on: Feb-05-1999
Reported in: 1999(2)ALLMR664; 2000(5)BomCR9; 2000BomCR(Cri)234
ORDERR.K. Batta, J.1. The appellant had filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter called 'the said Act'). Vide Judgment dated 15th October 1997 the Magistrate came to the conclusion that the appellant had failed to establish that the cheque in respect of which the proceedings were instituted was in respect of a debt legally enforceable. On this ground and also on account of the doubt raised as to whether the cheque in question was written by the respondent, though the signatures were not denied, the Magistrate gave benefit of doubt and acquitted the respondent. This acquittal is challenged in this appeal. 2. Learned Advocate Shri Kholkar, appearing on behalf of the appellant, took me through the record including the Agreement dated 13th June, 1991 under which the respondent had agreed to pay a sum of Rs. 1,53,724/ - to the appellant within a period of one year. He then pointed out that the dishonoured cheque in question, which was issued b...
Quality Industries Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-04-1999
Reported in: (1999)(112)ELT155Tri(Mum.)bai
1. This case was listed for admission. But looking at the circumstances, it was felt appropriate that the main appeal itself should be taken up for disposal. This was done after agreement from both the sides.2. The assessee cleared some goods when the balance in their PLA was not sufficient to cover the amount of duty involved. The credit in their PLA was made vide TR-6 challan filed on 8-7-1993 which showed that the assessee's bank had given pay order on the Nodal bank branch on 9-7-1993 and that the same had been received by the Nodal bank on the same date. The case of the appellant is that they had no deliberate intention to evade duty and that in 16 years of their having been an assessee, not a single contravention had been committed by them. The delay in securing the pay order was on account of their employees mistake. It is claimed that the assessee incurred a substantial loss of interest because of deposit of the full amount of penalty.3. On consideration of the facts and the a...
- ‹ Prev
- 6
- 7
- 8
- 9
- 10
- 11
- 13
- 14
- 15
- 16
- Next ›
- Last »