Mumbai Court August 1999 Judgments
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Shipping and Travel (Agents) Pvt. Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-30-1999
Reported in: (2000)LC774Tri(Mum.)bai
1. The delay in filing the appeal condoned for the reasons stated in the application.2. The appeal is against the order of the Commissioner suspending the licence issued to the appellant under the Custom House Agents Regulations, 1984.3. The reasons for the suspension of the licence are that, subsequent to the death in 1992 of Krishna Dayal Valecha, the person to whom the licence was originally alloted and who was qualified in terms of Regulation 9, there is no person in the appellant's company who is qualified under Regulation 9. It has also been found by the Commissioner that Vinay Valecha, Krishna Dayal Valecha's son, has been carrying on business and signing customs document without the authority to do so. The Commissioner has also taken note of the fact that the appellant has been sub-letting his licence to another person named TFS Cargo Services Ltd. He notes that the licence was placed under suspension earlier and revoked due to grave misconduct, investigating to which was proc...
Resina Combination Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-30-1999
Reported in: (1999)(114)ELT860Tri(Mum.)bai
1. The question for consideration in this appeal is the valuation of a consignment of tung oil imported by the appellant. The oil, which was of Argentine origin, imported in July and August 1992; and value declared at US. $ 1050/- per M.T. C&F. Having regard to the importation of tung oil at Bombay at substantially higher prices the Department was of the view that the goods were required to be valued at US $ 3100 per M.T. C&F, at which price a consignment of tung oil by M/s. Bakelite Hylam had been imported at Mumbai. Enhancement of the value was therefore proposed and also confiscation of the goods for misdeclaration under clause (m) of Section 111. The Collector enhanced the value as proposed and ordered confiscation of the goods with an option to redeem them on payment of fine of Rs. 1 lakh. Hence this appeal.2. The appellant is absent and unrepresented despite notice. We have seen the appeal papers and heard the departmental representative.3. We are unable to accept the co...
Sesa Industries Limited Vs. Marmagoa Steel Limited
Court: Mumbai
Decided on: Aug-30-1999
Reported in: 2000(2)ALLMR209; 2000(2)BomCR709; [2001]104CompCas702(Bom); 2000(3)MhLj433
ORDERR.K. BATTA, J.1. The petitioners have filed an application for winding up Marmagoa Steel Limited (hereinafter referred to as 'the said company') under the provisions of The Companies Act, 1956. The Executive Director of the said company filed an affidavit on 6th August, 1999 that a reference has been made by the company to the Registrar of the Board for Industrial and Financial Reconstitution, New Delhi (B.I.F.R.) and the said reference has been registered as Case No. 175-99. Accordingly, it was submitted in the said affidavit that provisions of section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as 'the said Act'), came into play, as a result of which the present proceedings are required to be suspended.2. Section 22 of the said Act, reads as under;'22. Suspension of legal proceedings, contracts, etc.---(1) Where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is...
Dastagir S/O Ashraf Saheb Vs. Guljarkhan S/O Chandankhan Since Decease ...
Court: Mumbai
Decided on: Aug-30-1999
Reported in: 2000(1)ALLMR542; 2000(3)BomCR516; 2000(2)MhLj207
ORDERA.B. Palkar, J.1. After hearing the learned Counsel for the parties, Civil Application No. 2465 of 1999 for joining the applicant as respondent No. 5 is allowed. Amendment be carried out immediately.2. This second appeal is filed by the original defendant-tenant against the decree of eviction in R.C.S. No. 30/79 passed by the 2nd Joint Civil Judge, Junior Division, Chandrapur and confirmed in R.C.A. No. 61/83 by the District Judge, Chandrapur vide judgment dated 1-4-1985.3. In view of the position that on purely a question of law the matter is to be disposed of, it is not necessary to go into the controversy regarding the facts. Suffice it to say that the decree for eviction in respect of residential premises described in the plaint was passed. It is an admitted fact that the suit was filed under the provisions of Transfer of Property Act without seeking permission of the Rent Controller to issue quit notice. In view of the fact that as per Notification No. 659-66-11 dated 6th Feb...
Shivaji S/O. Masarao Hakke Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-30-1999
Reported in: 1999(4)ALLMR346
S.B. Mhase, J. 1. Heard.2. Rule, returnable forthwith by consent of the parties.3. The petitioner is seeking admission to D. Ed. Course and is claiming admission in a reserved quota for the Hilly area candidates, which is 20% of the total admissions.However, the claim of the petitioner was not considered on the ground that the petitioner has not passed S. S. C. examination from Hilly area i.e. petitioner's own village Nimtok, taluka Kalamnuri, districtHingoli. Petitioner has passed S. S. C. examination from village Wapati, taluka Basmathnagar, district Parbhani which is not included in 'Hilly area. It is the case of the petitioner that at Nimtok there was no secondary school and, therefore, petitioner had to shift for education purpose to Wapati, taluka Basmathinagar and the petitioner has completed S. S. C. from that school. The respondents have accepted that at Nimtok there is no secondary school wherefrom the petitioner could have completed education up to S. S. C. It is also admitt...
Tabassum Shaikh Vs. Shaikh S.J. Shaikh
Court: Mumbai
Decided on: Aug-30-1999
Reported in: AIR2000Bom1; 1999(4)ALLMR395; I(2000)DMC95
ORDERS.S. Nijjar, J. 1. The plaintiff and defendant are Muslims and were married on 2nd May, 1997 according to Islamic Rites. At the time of the marriage, the plaintiff was a spinster and a minor aged about 15 years. Defendant was a bachelor aged about 22 years. It was an arranged marriage. According to the case pleaded in the plaint, it is stated that the plaintiff has been turned out of the matrimonial home. Whatever jewellery had been given to her by her parents has been taken away from her by the mother-in-law. All her clothes have also been taken away by the mother-in-law. The jewellery as well as the clothes are regularly used by the mother-in-law and the sisters of the husband who are frequent visitors in the matrimonial home. It is also stated that although the parents of the defendants knew that the plaintiff did not know anything about cooking, she was compelled to cook all the meals, wash the utensils, wash and iron the clothes, clean and sweep the whole house. This work use...
Bhikabai W/O Sukhadeo Giram Vs. Mamtabai W/O Vithoba Ingle and ors.
Court: Mumbai
Decided on: Aug-30-1999
Reported in: AIR2000Bom172; 2000(1)ALLMR539; 2000(1)MhLj815
A.B. Palkar, J.1. This second appeal is filed by original plaintiff against the decree passed by the 1st appellate Court on 8-10-1984 in R.C.A. No. 4/81 modifying the decree passed by the Joint Civil Judge, Junior Division, Buldhana in R.C.S. No. 170/78 on 29-11-1989.2. This second appeal was admitted on substantial question of law as to whether theappellant was entitled to 5/Gth share in the property and to its partition and possession thereof as specifically prayed for in the plaint though such relief was not claimed in plaint.3. The decree to the aforesaid effect was passed by the trial Court.4. In view of the short question that is required to be decided the material facts required to be stated are as below :5. The suit property belonged to one Bapurao who died in 1946. Bapurao had 3 wives, namely 1) Sundarabai, 2) Tanabai and 3) Thakabai. Sundarabai died on 30-11 -1923 living behind her daughter Mamtabai (defendant No. 1). Thus in 1946 when Bapurao died, he was survived by two wid...
K. Sudhakar S. Shanbhag Vs. Income-tax Officer
Court: Mumbai
Decided on: Aug-30-1999
Reported in: 2000(1)ALLMR188; [2000]241ITR865(Bom)
Dr. B.P. Saraf, J.1. By this writ petition, the petitioner seeks a direction to the Income-tax Officer, Satara, to complete the assessments of his income for the assessment years 1987-88 and 1988-89 on the basis of the returns submitted by him pursuant to the notices under Section 148 of the Income-tax Act, 1961 ('the Act'), and to refund the amount paid by him as advance tax which, according to him, is in excess of the amount due as per the returns submitted pursuant to the said notices. The contention of the petitioner is that having initiated proceedings for assessment or reassessment of the income of the petitioner for the assessment years 1987-88 and 1988-89 under Section 147 by issue of notices under Section 148 of the Act, the Income-tax Officer is under a statutory obligation to bring those proceedings to a logical end by making the assessments and refunding the amount paid by the petitioner as advance tax which is in excess of the amount that might be due as per the assessment...
Enron Oil and Gas India Ltd. Vs. Sylvia James Nazereth and anr.
Court: Mumbai
Decided on: Aug-30-1999
Reported in: [2000(84)FLR154]; (2000)IIILLJ373Bom
A.P. Shah, J.1. This petition under Article 226 of the Constitution seeks to challenge the ex parte award dated April 19, 1999 made by the Central Government Industrial Tribunal No. 1 in Reference No. UIT/1/12 of 1999 under the provisions of the Industrial Disputes Act, 1947.2. Few facts giving rise to this petition, are these:The Respondent workman raised an industrial dispute before the Conciliation Officer, Mumbai on August 29, 1997 demanding reinstatement in service with continuity of service and back wages from the petitioner company. The petitioner company participated in the conciliation proceedings which ended in failure. On the failure report of the Conciliation Officer a reference came to be made to the Tribunal being reference No. CGIT/1/12 of 1999 for adjudication. It seems that the Tribunal issued notice to the company as well as to the workmen fixing the date of hearing on March 12, 1999. On March 12, 1999 the statement of claim was filed by the workmen. There is some con...
Alleli and Co. P. Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-28-1999
Reported in: (2000)(89)LC435Tri(Mum.)bai
1. When these applications came up for hearing, it appeared that the main appeals could be taken up for disposal. Both sides agreeing that, this was done.2. We have heard Shri R.J. Parakh, Advocate for the appellants and Shri K.M. Patwari, for the revenue.3. The appellants are processors of fabric on job work basis. From time to time they filed classification lists and price lists and on due approval, processed and cleared the fabrics. Along with the price lists a declaration was attached showing construction of the assessable value. The cost construction showed separately the inclusion of profits at the rate of 10%.3. 9 Show Cause Notices were issued during the period 29.11.1991 to 5.8.1992. These SCNs were identically worded. In each Show Cause Notice the charge was made that assessees had failed to add 10% in the assessable value as manufacturing expenses. On this count each Show Cause Notice demanded differential duty. In some cases it was alleged that the 10% addition sought to b...
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