Mumbai Court March 1999 Judgments
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Navinchandra N. Majithia Vs. State of Maharashtra and ors. Overruled
Court: Mumbai
Decided on: Mar-23-1999
Reported in: 1999CriLJ3476
T.K. Chandrashekhara Das, J.1. The petitioner has approached this Court by way of this writ petition inter alia with the following prayers:(i) That this Hon'ble Court be pleased to call for the record pertaining to the complaint lodged by J.B. Holdings Ltd. from the Office of the Special Superintendent of Police, C.I.D. Shilong and Malawani Police Station and after perusing and perusing the same be pleased to issue a writ of Prohibition or a writ in the nature of Prohibition or any other writ, order or direction under Article 226 of the Constitution of India restraining the Special Superintendent of Police, C.I.D. Shilong and other offices subordinate to him and all other investigating agencies of the Meghalaya Police, State of Meghalaya from taking any further steps in respect of the complaint lodged by M/s. J.B. Holding Ltd. with the police authorities in Shilong, State of Meghalaya.(ii) That this Hon'ble Court, upon perusal of the record of the said complaint be pleased to quash the...
T.N. Mulani Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-1999
Reported in: (1999)LC23Tri(Mum.)bai
1. Applications are for waiver of deposit of duty demanded of Rs. 71,68,799/-approx from M/s. S.G. International (out of which Rs. 1.88 lakhs approx. has already been paid), penalty of Rs. 1.40 crores on this applicant under Section 11 AC of the Central Excise Act and penalty of Rs. 72 lakhs on T.N. Mulani, its authorised signatory.2. Common Advocate for both the applicants says that the demand is of rebate claimed and received by S.G. International of excise duty paid on fabrics which were exported. Subsequent to such exports payments department's investigation showed there was no evidence of payment of duty. He says that this applicant had filed 83 claims, of which 51 related to purchases from open market. The goods in all cases were covered by valid gate passes and there is no evidence of non-payment of duty. He further contends that penalty under Section 11 AC is not leviable since the rebate was availed of before its enactment on September, 1996. In any case it is more than the d...
Regent Electronics Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-1999
Reported in: (1999)(83)LC271Tri(Mum.)bai
1. M/s Regent Electronics had imported two consignments. In one consignment 42 pieces of Compressors for milk chilling plant were imported. In another consignment 45 Evaporators with couplings were imported. Separate bill of entries were filed for their clearance. In the show cause notice dated 20.5.1991, it was alleged that the appellants had imported spilt Airconditioners of Toshiba brand and that the goods should be assessed as spilt airconditioners. The matter was adjudicated by the Additional Collector of Customs who confiscated the goods imported, imposed the redemption fine of Rs. 4lacs and a penalty of Rs. 1 lac and further ordered that the goods imported under the two separate bills of entries be clubbed together for classification as spilt Airconditioners. On an appeal the order passed by the adjudicating authority was confirmed.2. Shri V.M. Doiphode, learned Advocate appearing for appellants submitted that the goods were imported in two separate consignments.Two separate bi...
D.H. Patkar and Co. Vs. Commissioner of Customs (G)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-1999
Reported in: (1999)(65)ECC568
1. This order is against the order of the Commissioner of Customs suspending, under Regulation 21(2) of the Customs House Agents Licensing Regulation, Custom House agent's licence issued to the appellant.2. The Commissioner has cited the following grounds for the suspension : (i) It is came on record that theft of cargo from container unloaded on the ship Orient Shreyas was engineered by Abhay Singh Uday Singh, employee of the appellant in connivance with the importer of the goods, (ii) It has been reported to him that the employees of the appellant removed an official note sheet, substituted chartered engineer's certificate, in a bill of entry, (iii) Partner, Vinayak D Patkar of the company admitted having signed the bill of entry and having received Rs. 300/- from Abhay Singh for signing it. (iv) It has been reported that Shivkumar Dubey of M/s. Johnson International was stated to be using the Appellant's licence and Patkar has admitted that he was receiving Rs. 200/- per shipping b...
V.i.P. Enterprises Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-1999
Reported in: (1999)(108)ELT671Tri(Mum.)bai
1. Application is for waiver of deposit of Rs. 5 lakhs imposed as penalty under Rule 209A.2. Advocate for the applicant says that it is a transport company, which was carrying the goods manufactured by M/s. Sharp Industries Ltd. He says that the Commissioner has found that the assessee was carrying the goods manufactured by Sharp Industries without payment of duty under the cover of forged gate passes. The Commissioner had also found that applicant was carrying the goods, knowing that no duty has been paid on it. He says that the applicant was engaged in carrying the goods of various parties and could not be expected to verify in each case whether the documents submitted were forged or not. The fact that the applicant had maintained proper records for receipt and despatch of the goods showed its bona fide. Financial hardship was also pleased on the ground that applicant had incurred loss of Rs. 4.48 lakhs as on 31-3-1998 and closed its business from January, 19%.3. Departmental Repres...
Mukand Ltd. and ors. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-22-1999
Reported in: (2000)(88)LC511Tri(Mum.)bai
1. Appeals taken up for disposal with the consent of both sides, and after waiving deposit of duty demanded and penalties imposed.2. Appellant, in appeal E/3228/98 M/s. Mukand Ltd., manufactures, in its factory at Kalwe, stainless steel wire rods. These wire rods were sent to its factory at Kurla where they were subjected to the processes of annealing and pickling. The annealed and pickled wire rods were thereafter exported. By a declaration dated 25.9.1992 received in the office of the jurisdictional Assistant Collector on the same day, the assessee's its factory at Kurla, intimated its intention to avail of the Modvat credit on the duty paid on the unannealed and unpickled wire rods. Since the final product did not pay duty having been exported, under the claim of rebate which was granted, the credit so taken was utilised towards payment of duty on similar products cleared for home consumption. The assessee continued to take credit in this manner.3. By notice dated 1.10.1997, the Co...
Shri Sukdo Ladko Naik Since Deceased Through His Heirs Vs. Shri Navso ...
Court: Mumbai
Decided on: Mar-22-1999
Reported in: 2000(1)BomCR866; 2000(2)MhLj57
ORDERR.M.S. Khandeparkar, J.1. By the present petition, the petitioners seek to challenge the proceedings initiated by the respondent No. 1 under Goa, Daman and Diu Agricultural Tenancy Act, 1964, hereinafter called as 'the said Act' seeking declaration of tenancy rights under the said Act on the ground that at the relevant time, the authorities acting under the said Act had no jurisdiction to decide whether the petitioner 'was' a tenant. It is the contention of the petitioner that considering the fact that the respondent No. 1 had been claiming to be a tenant since forty years prior to the filing of the application and that the persons who were tenants prior to the appointed day had ceased to be the tenants consequent to they being declared as the deemed purchasers under Vth Amendment to the said Act, the judgments of the respondent Nos. 3 to 5 in respect of declaration of tenancy rights of the respondent No. 1 are illegal and bad in law.2. The facts in brief are that the respondent N...
Arun S/O Damodar Veer Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Mar-22-1999
Reported in: 1999(3)ALLMR275; 1999(2)BomCR766; (1999)ILLJ1330Bom
ORDERB.H. Marlapalle, J.1. This petition calls in question the transfer order dt. 28-8-98 and it arises in the following circumstances. 2. The petitioner is an Executive Engineer in the Public Works Department of the State of Maharashtra and while he was working in the same capacity at Beed, which is a district Hqrs., has been transfered to Aurangabad on the same post and the respondent No. 3 Mr. B.M. Mugal has been transferred in place of the petitioner. The petitioner has submitted a representation to the competent authority on 3-9-1998 and the same was rejected. The petitioner, therefore, challenged the impugned transfer order in O.A. No. 224/1998 before the Maharashtra Administration Tribunal Bench at Aurangabad.3. In support of his challenge to the impunged transfer order, it was contended by the petitioner that the transfer was effected under malice and the respondent No. 4, who is an elected Member of the Legislative Assembly from, Georai, Dist. Beed was instrumental in the said...
Shri Jose M. Nunes Since Deceased, Through His Legal Heir and Another ...
Court: Mumbai
Decided on: Mar-22-1999
Reported in: 1999(3)BomCR663
ORDERR.K. Batta, J.1. The eviction of deceased appellant Jose Nunes now represented by his legal heir Diogo Nunes and of appellant Ramakant Vithu Naik was sought by respondent Nos. 1 and 2 on the ground of damages, nuisance and sub-letting under section 22(2)(b), (c) and (d) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control, Act, 1968 (hereinafter called 'the said Act'). The respondent Nos. 1 and 2, who are owners of the suit premises, had leased the suit premises to deceased Jose Nunes, who is alleged to have sub-let the suit premises to appellant Ramakant Vithu Naik. The Rent Controller vide judgment dated 20th November, 1992 ordered the eviction of the appellants on the ground of sub-letting alone. The appeal filed by the appellants before the Administrative Tribunal was dismissed vide Judgment dated 15th March, 1995. The appellants then filed writ petition, which was dismissed by the learned Single Judge. This is how the appellants have filed the Letters Patent...
Shri Sakharam Parab Vs. M/S. Kadamba Transport Corporation Ltd. and An ...
Court: Mumbai
Decided on: Mar-22-1999
Reported in: 1999(4)ALLMR700; 1999(3)BomCR659
ORDERN.P. Chapalgaonkar, J. 1. These Appeals are filed under Clause 15 of the Letters Patent of this Court challenging the order of the learned Single Judge passed on 9th September, 1998, in Writ Petitions No. 415/97 and 417/97. Appellants herein are workers employed with the respondent Kadamba Transport Corporation Ltd., a Government Company incorporated under the Companies Act, 1956 and operating bus service in the State of Goa. Both the appellants were put under suspension and after the enquiry was completed, they were reinstated. Both were found guilty, but minor punishments were imposed. These appellants filed an application under section 33-C(2) of the Industrial Disputes Act, 1947, praying that full salary forthe period of suspension be paid to them. The claim was based on their interpretation of Clause 29 of the Standing Orders applicable. The learned Presiding Officer of the Labour Court had allowed both the applications and directed the Corporation to pay all the wages for th...
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