Mumbai Court March 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.
M/S. B.R. Steel Products Ltd. Board for Industrial and Financial Recon ...
Court: Mumbai
Decided on: Mar-19-1999
Reported in: 1999(3)ALLMR98; 1999(3)BomCR385; (1999)2BOMLR472; 1999(2)MhLj635
ORDERS.S. Nijjar, J.1. The respondent company became a sick company within the meaning of Sick Industrial Companies (Special Provisions) Act, 1985, hereinafter referred to as 'the Act', on 31st March, 1987. The matter was referred to B.I.F.R. under section 15(i) of the said Act and the Reference was numbered Case No. 28 of 88. The B.I.F.R. conducted enquiry and appointed ICICI as the operating agency on 13th July, 1989, directing them to submit their report on 13th October, 1989. The B.I.F.R. on 5th February, 1991 passed an order giving an opinion that it is just and equitable that the respondent company be wound up. In 1991 the respondent company preferred an Appeal Nos. 38/91 and 77/90 before the Appellate Authority. On 15th March, 1994 the Appellate Authority dismissed the appeal of the respondent company mainly on the ground of not settling the workers dues. A perusal of the order of B.I.F.R. shows that after careful consideration the Board was of the opinion that the company was n...
Sriniwasrao Balasaheb Deshmukh Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-19-1999
Reported in: [2000(86)FLR853]; (2000)IILLJ1087Bom
S.B. Mhase, J. 1. Heard Shri Chandole, learned counsel for the applicants in all the above mentioned five applications and Shri V.B. Ghatge, learned A.P.P. for the Respondent-State in all the five applications.2. Rule. By consent of the parties, Rule made returnable forthwith.3. The order under challenge is dated June 11, 1998 passed by the learned II Additional Sessions Judge, Nanded in Criminal Revision Application No. 209 of 1997 to Criminal Revision Application No. 213 of 1997 wherein the order passed by the learned Judicial Magistrate, First Class, Nanded issuing process on June 9, 1997 was challenged. The brief facts are as follows:4. The Criminal Case Nos. 1024 of 1997 to 1028 of 1997 have been filed on behalf of the State by Shri A.R. Ashtaputre, Assistant Director, Industrial Safety and Health alleging that the respondents have committed offence under Section 66 of the Factories Act punishable under Section 92 of the said Act. On presentation of the said complaints, the Judici...
Gulf Medical Supplies Ltd. and Another Vs. Ethiopian Airlines
Court: Mumbai
Decided on: Mar-19-1999
Reported in: 1999(4)BomCR53
ORDERA.A. Halbe, President.1. The opposite party-Ethiopian Airlines has raised an important objection to the maintainability of the complaint on the ground that Ethiopian Airlines is owned by Government of Ethiopia, and that there is no permission of the Central Government. Under section 86(1) C.P.C., the consent of Government of India is a must and that the same is absent here and in absence of such permission, the proceedings stand vitiated and nonest. This objection requires serious consideration in our view because all other facts do not appear to be very much in controversy. The other question regarding jurisdiction, liability of the common carrier are settled by various cases.2. The few facts are that the complainant No. 1 entrusted 40 cartons of medicines to the opposite party with destination Dar-Es-Salaam international airport on or about 26-4-94. Out of these 34 cartons were delivered, there was short delivery of 6 cartons valued at Rs. 3,65,777/-. The short delivery of 6 car...
Cce Vs. Sigma Paints Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-17-1999
Reported in: (1999)(84)LC660Tri(Mum.)bai
1. The respondents in this case manufacture paints and varnishes.Certain chemicals received by them as inputs were sent by them to their own unit for manufacture of alkyd resins, an intermediate product which was exempted under a notification. This movement was done under the provisions of Rule 57F(2). The show cause notice alleged that since alkyd resins was fully exempted, the credit taken on the inputs going into its manufacture was not admissible. Before the Addl. Commissioner, the Madras High Court judgement in the case of Ponds (India) Ltd. was cited. It was also claimed that the provisions of Rule 57D(2) covered the situation. The Addl. Commissioner held that the proviso (a) to Rule 57A read with the cited Rule did not make for availment of the benefit. He, therefore, disallowed the credit and confirmed the duty. The assessees then filed an appeal before the Commissioner (Appeals) relying upon the ratio of the Tribunal judgement in the case of Asian Paints (India) Ltd. v. CCE ....
Kinetic Engineering Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-17-1999
Reported in: (1999)LC114Tri(Mum.)bai
1. The appellants in this case requested for disposal on merits. I have heard Shri A. Ashokan, ld. DR for the revenue.2. The assessees were receiving certain goods from small sector manufacturers falling under the purview of Notification No. 175/86, dated 1-3-1986 as amended. This notification was in force upto 31-3-1993. On that date/ similar provisions were introduced by Notification No. 1/93, dated 28-2-1993 which would have effect from 1-4-1993. Co-existent with the notification was Rule 576 which permitted higher notional credit to be taken provided such grant of credit was provided for in a notification. The text of the first named notification contained in para 5 was as under : "Notwithstanding the exemption contained in this notification, in respect of the specified goods which are subjected to concessional rate of duty (other than those specified goods which are wholly exempted from the duty of excise leviable thereon), under this notification, and received on or after the 1s...
Rashtriya Mill Mazdoor Sangh Vs. S.L. Mehendale and anr.
Court: Mumbai
Decided on: Mar-17-1999
Reported in: [1999(82)FLR1011]; (2000)ILLJ103Bom
Y.K. Sabharwal, C.J. and S. Radhakrishnan, J. 1. This Appeal is directed against the order dated January 13, 1999 passed by the learned single Judge whereby the matter has been kept in abeyance till the final orders are passed by the B.I.F.R. and the case has been adjourned to December 20, 1999. The impugned order was passed by the learned Judge in view of the order dated December 30, 1998 passed by the B.I.F.R. under Section 22(3) of the Sick Industrial Companies (Special Provisions) Act, 1985 (the said Act).2. The order dated December 30, 1998 passed by the B.I.F.R. is in fact in continuation of its earlier order passed on December 12, 1997.3. We have perused both the orders i.e. dated December 12, 1997 as also dated December 30, 1998. We have also perused the applications filed by the National Textile Corporation on the basis of which these orders were passed. A perusal of these two orders as also the application makes it clear that what was suspended was the recovery proceedings et...
Everest Advertising Pvt. Ltd. Vs. Pratik C. Khandhadiya and ors.
Court: Mumbai
Decided on: Mar-17-1999
Reported in: [1999(82)FLR115]; (1999)IIILLJ1011Bom
B.N. Srikrishna, J.1. This Writ Petition under Article 226 of the Constitution of India challenges the order of the 1st Labour Court, Bombay dated September 25, 1998 made in Complaint (ULP) No. 243 of 1991 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter called 'the Act').2. The Petitioner is an Advertising Agency. As a part of its work, it carries on the production of Audio-Visuals. The first Respondent was appointed in the employment of the Petitioner by a letter dated December 11, 1987 as an Executive in the Audio-Visuals Department, with effect from January 11, 1988. By an order dated April 30, 1991, the first Respondent was promoted to the position of Group Manager, Audio Visual, with effect from April 1, 1991. Upon his appointment, the monthly emoluments of the first Respondent were suitably revised as indicated in the said letter. It may be mentioned here that in the Audio Visual Department, as G...
Manisha Pharmo Plast P. Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-16-1999
Reported in: (1999)LC400Tri(Mum.)bai
1. Appeal taken up for disposal with the consent of both sides after waiving the deposits.2. The appellant was engaged in the manufacture of prickly heat powder.This product was being packed and cleared for retail sale in containers stated to contain 20 (sic) gms. Investigations by the department showed that the assessee was filling in each container a quantity somewhat higher than the 200 gms. resulting in each container holding on an average 205 gms. Notice was issued demanding duty on these excess quantity which the department alleged to have been clandestinely removed. The duty on the product being ad valorem the duty allegedly shortpaid was worked out proportionately. The assessee in reply to the notice took the stand that duty on the product was ad valorem for the contents and object the excess contents in each container was to ensure that the provisions of Standards of Weights and Measures Act, 1979 which prevents correspondence within permissible limits between stated quantiti...
M/S. Modern Foundry and Machine Works Ltd. Vs. the State of Maharashtr ...
Court: Mumbai
Decided on: Mar-16-1999
Reported in: 1999(3)ALLMR305; 1999(2)BomCR756; (1999)ILLJ1137Bom
ORDERB.H. Marlapalle, J. 1. Heard the learned Counsel for the respective parties. Rule. Taken up for final hearing forthwith. 2. The petitioner company has a factory at Ahmednagar, which is engaged in the manufacture of Iron Casting of different types and it is an ancillary industry to various automobile & engineering industries. At some point of time, it had become a sick industry and due to revitalization efforts, made by the Board for Industrial Finance and Rehabilitation (B.I.F.R.), under the provisions of the Sick Companies (Special Provisions) Act, 1982, the factory was being run by the new management. The new management has also invested additional funds and therefore, the manufacturing activity was restarted. A settlement came to be signed between the petitioner company and the respondent No. 3 Union, which is registered as a Recognized Union under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter refe...
Central Bureau of Investigation, Bank Securities and Fraud Cell Vs. Mu ...
Court: Mumbai
Decided on: Mar-16-1999
Reported in: 1999(3)BomCR189
ORDERM.S. Rane, J.NATURE AND BACKGROUND OF THIS PROSECUTION:1. The prosecution herein is sequel to security scam which broke out in the mid of the year 1992 in various types of security transactions alleged to be undertaken in active connivance with the bank officials and brokers. The principal subject matter of this prosecution is alleged fraudulent transactions in Government securities, Units of UTI etc. resorted to by the banks, financial institutions and share and stock brokers with the aim and object of illegally siphoning of the bank funds to concerned and selective brokers for their personal speculative returns and benefits. The amount alleged to be involved as at the end of May, 1992 is estimated to Rs. 434,01,20,354.78. The banks and financial institutions involved are Canbank Financial Services Ltd. (CANFINA), a subsidiary of Canara Bank, Bank of Karad Ltd., Bombay (BOK), and Metropolitan Co-operative Bank Ltd. (MCB).2. The offences with which the accused in this case are cha...
- ‹ Prev
- 3
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- 13
- Next ›
- Last »