Mumbai Court March 1999 Judgments
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Shri Bharatkumar Jangonda Patil and ors. Vs. Shri Annaso Surgonda Pati ...
Court: Mumbai
Decided on: Mar-26-1999
Reported in: (1999)101BOMLR741
S.S. Parkar, J.1. By this writ petition the petitioners who were facing prosecution in a private complaint under Sections 341, 342, 352, 504, 506 and 448 read with Section 34 of IPC have challenged the order dated 22nd February, 1991 passed by the learned Sessions Judge, Sangli whereby the order of acquittal recorded by the Additional Sessions Judge in Criminal Appeal No. 51 of 1987 was set aside.2. The brief facts leading to the present writ petition are as follows :The petitioners were charged for offences under Sections 323, 352, 448, 504 read with Section 34 of IPC in the Court of JMFC, Miraj in Regular Criminal Case No. 239 of 1986 and Summary Criminal Case No. 1457 of 1985. Alter the evidence was led, the 2nd Jt. Civil Judge and JMFC, Miraj by his judgment and order dated 31st January, 1987 was pleased to convict the petitioners accused under Sections 323, 352 and 448 of IPC and sentenced them to pay a fine of Rs. 500/- each in default to suffer RJ for 15 days and acquitted them ...
R.P. Gupta and ors. Vs. B.M. Grower and ors.
Court: Mumbai
Decided on: Mar-26-1999
Reported in: (1999)101BOMLR844
R.M. Lodha, J.1. Short and neat question that falls for determination in this first appeal is whether by a provision made in the trust deed dated 6th April, 1973 that vacancy of the trustee shall be filled up by the continuing or surviving trustee of the trust, it is obligatory that the appointment of new trustee on vacancy shall be by unanimity or be decided by majority.2. The said question arises in the facts and circumstances thus ;3. On 6.4.1973 a scheme was framed to manage the trust known as Lala Lajpatrai Memorial Trust. The number of trustees as settled under the scheme was to be between 5 to 12 including one nominated from Amar Gain Public Charitable Trust. At the time the scheme was framed, there were 8 trustees including Shri B.M. Grower (respondent No. 1 herein) being the nominee of the said Amar Gain Public Charitable Trust. In terms of the scheme in case vacancy arises in the trustees, other than the trustee of Amar Gain Public Charitable Trust, such a vacancy shall be fi...
Ravindra @ Munna Ranganath Kajale Vs. the State of Maharastra and ors.
Court: Mumbai
Decided on: Mar-26-1999
Reported in: (1999)101BOMLR150a
Vishnu Sahai, J.1. Through this appeal, the appellant challenges the Judgment and Order dated 7th October, 1997 passed by the IInd Additional Sessions Judge, Nasik in Sessions Case No. 101 of 1997 whereby he has been convicted and sentenced in the manner stated hereinafter:-(i) Under Section 302 of the IPC to undergo imprisonment for life and to pay a fine of Rs. 8,000/- in default to suffer R.I. for one year; and(ii) Under Section 307 of the IPC to undergo R.I. for 10 years and to pay a fine of Rs. 8,000/- in default to undergo R.I. for one year.The substantive sentences were ordered to run concurrently.In short, the prosecution case runs as under:-The deceased Vilas Akolkar, the informant Santosh Patil P.W. 1, the injured Ravindra Wagale P.W. 5, Balu Zagade P.W. 8, Bhagirath Jadhav P.W. 11 and the appellant, at the time of the incident, were residing in Nehru Nagar District Nasik. On 9th February, 1997, sometimes between 9 p.m. to 9.30 p.m. the informant, the injured, Bhagirath Jadha...
Commissioner of C. Ex. Vs. Rashtriya Metal Industries Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-25-1999
Reported in: (1999)(65)ECC245
1. The question for consideration in this appeal is whether the respondent was entitled to take Modvat credit in terms of Order No.342/1/88-TRU dated 12-7-1990 of the Government of India on a consignment of copper scrap received from the Ordinance Factory at Ambernath. The Government of India's order, issued under second proviso to Sub-rule (2) of Rule 57G permitted credit to be taken inter alia on specified commodities without production of duty paying document subject to the condition that such scrap is not clearly recognisable as non-duty paid or subject to nil rate of duty. Assessee took credit on such a consignment.2. Notice was issued by the department disputing the assessees action in taking the credit without duty paying documents on the ground that the goods were clearly recognisable as non-duty paid. The notice relied on a certificate issued by the Ordinance Factory that the goods are exempted from all taxes. Notice also alleged that the goods were described as swarf were no...
Voltas Limited Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-24-1999
Reported in: (1999)(83)LC798Tri(Mum.)bai
1. This is an Appeal against the order of Collector of Central Excise, (Appeals), Bombay dated 10.9.1990 by which Special Excise Duty to the tune of Rs. 4,873.44 for the period July, 1988 to February, 1989 was held to be payable by the appellants. The question relates to the liability to pay Special Excise Duty (SED) in respect of goods manufactured prior to the Budget period (when no SED was applicable) but cleared under Rule 57F(1)(ii) after the Budget.2. When the matter was called none appeared for the appellants. From the record it is seen that appellants by their letter dated 26.2.1998 had stated that they would not be appearing either in person or through an Advocate and the matter may be decided on the basis of their Appeal Memo, and the submissions made therein.3. We have heard Ld. D.R., Shri S.N. Ojha and have perused the papers.On careful consideration of the matter we find that the Appeal has merit. The same is accordingly allowed for reasons recorded hereunder.4 Appellants...
Badridass Gauridutt Pvt. Ltd. Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-24-1999
Reported in: (2000)LC503Tri(Mum.)bai
2. Appellant in Appeal No. C/672/98-Bom. M/s. Badridass Gauridatt Pvt.Ltd. is a garment exporter. Appellant in Appeal No. C/673/98-Bom. Ajay Gupta was at the relevant time a Director of the company, and appellant in Appeal No. C/682/98-Bom. Sharad Agarwal was at the relevant time Vice President.3. The exporter tendered to the Custom House at Nhava Sheva a consignment intended for export to Russia stated to contain 25000 men's shirts valued at Rs. 400/-. The export was to be made under claim for drawback of the duties paid on both on inputs used in manufacturing shirts. The marine container in which the goods was packed was sealed by the central excise authorities having jurisdiction over the appellant factory in accordance with the procedure for export of goods permitted to be stuffed in the container after examination in the exporter's premises. However, examination by the customs officers showed that the container contained less than 15000 shirts valued by them @ Rs. 100/- each and ...
Creative Enterprises Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-24-1999
Reported in: (1999)(65)ECC193
1. This is an application for waiver of condition of pre-deposit of disallowed Modvat credit amounting to Rs. 25,54,344/- and penalty amounting to Rs. 30 lakhs imposed on the appellants, as also for the stay of recovery thereof.2. We have heard Shri V.S. Nankani for the applicants and Shri G.B.Yadav, for the revenue.3. The facts relating to the dispute are required to be narrated. The appellants received duty paid goods falling under sub-heading 3208.40 bearing the description "ELMO LUFT 1-A (insulating varnish)" in bulk.These were packed into smaller containers. The process of manufacture was declared to the department at a time of filing declaration under Rule 173B of the Central Excise Rule 1944. A declaration was filed by them under Rule 57G wherein the inputs received from Dr. Beck & Co. (I) Ltd. and packaging materials were declared as inputs. The packed goods were cleared by the applicants on payment of duty. A Show Cause Notice was issued on 10-4-1997 alleging that in the ...
State of Maharashtra Vs. Shankaraji Appa Patil
Court: Mumbai
Decided on: Mar-24-1999
Reported in: 2000(2)BomCR651
ORDERR.M. Lodha, J.1. By this first appeal the State of Maharashtra seeks to challenge the award dated 11-3-1982 passed by the Extra Assistant Judge, Solapur, in Land Acquisition Reference No. 19 of 1980.2. Mr. Tated, the learned Assistant Government Pleader challenged the impugned award during the course of argument on the sole ground that since the land was treated as Bagayat land by the Court below, no separate compensation could have been awarded for the well.3. The brief facts are:--Respondent herein Shankaraji Appa Patil was owner of land Gat No. 58/1 at village Borale, Taluka Mangalwedha. The said land was acquired for construction of a percolation tank in the village. Notification under section 4 was published on 27-11-1976 and thereafter declaration was made under section 6 of the Land Acquisition Act. The Land Acquisition Officer thereafter passed the award on 28-11-1978. The Land Acquisition Officer treated the acquired land as Jirayat inferior and awarded compensation at th...
Shri Alex Gregoria D'Silva and others Vs. the Chief Secretary, Govt. o ...
Court: Mumbai
Decided on: Mar-24-1999
Reported in: 1999(3)ALLMR658; 1999(3)BomCR676
ORDERR.M.S. Khandeparkar, J.1. This is an appeal against the judgment and Decree dated 21st March, 1997 passed in Special Civil Suit No. 49/93/A by Civil Judge, S.D., Quepem. By the impugned decree, the trial Court has dismissed the suit being not maintainable in view of provisions contained in the Indian Forest Act, 1927 (hereinafter called the said Act).2. The facts in brief relevant for the decision are that the appellants who are the plaintiffs before the trial Court have filed the said suit for declaration and injunction. The relief of declaration relates to a piece of land admeasuring an area of 2300 sq. mts. comprised under Survey No. 92/1. The claim of the appellants is that the said piece of land forms part and parcel of the property of the plaintiffs and the same is in exclusive possession and enjoyment of the plaintiffs and therefore the survey authorities are to be directed to exclude the same from the property bearing Survey No. 92/1 and to allot a separate survey number f...
Dci Pharmaceuticals Pvt. Ltd. Vs. the Superintendent of Central Excise ...
Court: Mumbai
Decided on: Mar-24-1999
Reported in: 1999(3)BomCR681; 2000(69)ECC619; 2000LC466(Bombay); 2000(115)ELT45(Bom)
ORDERN.P. Chapalgaonkar, J. 1. Petitioners, M/s. D.C.I. Pharmaceuticals Pvt. Ltd., are manufacturers of pharmaceutical products. They claim to be a Small Scale Industry. One of their products has a brand name 'Betnor'. It is combination of Betamethasone and Neomycin. It is used as eye/ear drops.Petitioners claim that they are entitled to the benefit of a Notification No. 175/186-C.E. dated 1st March, 1986, as amended, for exemption for the first clearance of specified goods up to the value of Rs. 15,00,000/- and concessional duty on subsequent clearance in the case of clearance not exceeding rupees 2 crores in the preceeding years. Rule 8 of the Central Excise Rules, 1944, had given powers to the Central Government to grant exemption from duty in certain cases. Section 5A was inserted in the Central Excises and Salt Act, 1944, with effect from 1st July, 1988 and section 5A has now provided for the power to exempt and reference to Rule 8 now will not be necessary since it stood abrogate...
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