Mumbai Court August 1999 Judgments
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Hasan Khan Ibne Haider Khan Vs. Shri R.H. Mendonca, Commissioner of Po ...
Court: Mumbai
Decided on: Aug-23-1999
Reported in: 2000(1)BomCR310
ORDERVishnu Sahai, J.1. Through this writ petition preferred under Article 226 of the Constitution of India the petitioner-detenu has impugned the detention order dated 12th April, 1999 passed by the 1st Respondent Mr. R.H. Mendonca, the Commissioner of Police, Brihan Mumbai, detaining him under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment 1996) hereinafter referred to as 'MPDA Act'.The detention order along with the grounds of detention also dated 12th April, 1999 was served on the petitioner-detenu on 13th April, 1999. True copies of the detention order and the grounds of detention are annexed as Annexures 'A' and 'B' respectively to this petition. 2. A perusal of the grounds of detention would show that the impugned detention order is founded on one C.R. which has been referred to in ground 5(a)(i) and two in-camera statements of witnesses A and...
Mr. Bruno Jose Dias Vs. Mr. Laxmikant Subray Kundaikar
Court: Mumbai
Decided on: Aug-23-1999
Reported in: 2000(1)ALLMR635; 2000(2)BomCR705
ORDERR.K. Batta, J.1. The petitioner (hereinafter referred to as 'the plaintiff) had filed a suit for declaration and permanent injunction in which an application for temporary injunction was filed seeking to restrain the respondent (hereinafter referred to as 'the defendant'), from entering and interfering with the suit property under survey No. 3/3, or disturbing possession of the said property, or plucking coconut trees, or removing fruits from the said trees or cutting trees/leaves/branches from the suit property and from doing any construction such as fencing, structures, or wall in the said property. This application for temporary injunction was dismissed by the Civil Judge, Senior Division, Panaji, vide order dated 13th August, 1998, on the ground that the Civil Court had no jurisdiction to grant declaration of tenancy sought by the plaintiff; that the Confraria has not been made party, nor any relief is sought for declaration of Sale Deed in favour of the defendant as null and ...
Bamni Proteins Ltd. Vs. Central Board of Excise and Customs
Court: Mumbai
Decided on: Aug-23-1999
Reported in: 2003(90)ECC897; 2003(156)ELT650(Bom)
Srikrishna, J.1. Rule returnable forthwith. Mr. Sajjad Hussain waives service for second respondent. By consent, rule called out and heard.2. The petitioner manufactures Ossein and Di-Calcium Phosphate (D.C.P.) Animal Feed Grade. There was a controversy as to the correct classification in the Excise Tariff which was resolved by the Central Excise and Gold (Control) Appellate Tribunal (CEGAT) by its order dated 8-10-1992 reported in 1994 (70) E.L.T. 234 (Tri). The CEGAT took the view that the Di-Calcium Phosphate is to be classified under the Heading 23.02 and sub-heading 2302.00. The appeal of the Excise Department was dismissed and the appeal of the assessee was allowed.3. After the judgment of the CEGAT, the Excise Commissioner issued an order purportedly under Section 37B of the Central Excise Act which had the effect of virtually overruling the judgment of the CEGAT. This notification was challenged before the High Court of Gujarat at Ahmedabad in Special Civil Application No. 3411...
Dupont South Asia Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-20-1999
Reported in: (2000)(90)LC120Tri(Mum.)bai
1. The dispute in this appeal is with regard to the valuation of Polyacetal Resin imported by M/s. Dupoint South Asia Ltd., Thane from M/s. Dupoint, Singapore. The appellants had declared a value of US $ 1,750 per M.T. This value was rejected by the Assistant Commissioner and he fixed an assessable value of 2050 per M.T. and assessed the goods to duty at that price. In the impugned order the Commissioner (Appeals) confirmed such enhancement of value.2. The appellants have submitted that higher value was adopted for the purposes of assessment based on contemporary prices of Polyacetal Resin. The impugned order and the order-in-original also mention that contemporary price has been obtained from "computer print out" of the Customs. However, the importer was not given a copy of the print out before the adjudication so as to enable them to submit objections to the adoption of the higher price. They had raised this violation of principles of natural justice in the appellate proceedings bef...
Owens Brockway (India) Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-20-1999
Reported in: (2000)(117)ELT663Tri(Mum.)bai
1. This application is for permission to take on record certain documents prescribed as additional evidence by the applicants.2. The first set of documents are copies of invoices issued under Rule 52A by the applicants indicating clearance of glass bottles to buyers in the normal course of trade. A reference to the fact that some quantity was being sold in this manner occurred in Paragraph 22 of the show cause notice. These documents are therefore considered relevant and are permitted to be taken on record. The second set of documents consists of a declaration made under Rule 173C, dated 12-12-1996 and the enclosures thereto in the form of some invoices. These documents are specifically referred to in the concluding part of Paragraph 6 of the show cause notice. These documents relate to the charges made by the department and are relevant. The third set of documents are invoices issued under Rule 52A by another manufacturer of similar goods indicating clearance of such goods. There wer...
Leanco Victor Frois and another Vs. Shri Nicolao Piedade D'Costa
Court: Mumbai
Decided on: Aug-20-1999
Reported in: 2000(1)ALLMR610; 2000(2)BomCR104; 2000(2)MhLj101
ORDERR.K. Batta, J.1. The appellants had filed a suit for eviction, restoration of possession, permanent injunction and mesne profits. The case of the appellants is that they had leased suit house to the respondent on monthly rent of Rs. 2/-. The respondent failed to pay the rent and after notice was given tovacate, suit in question was filed. The trial Court had decreed the suit partly and directed the respondent to vacate the suit house as well as pay rent for 3 years prior to institution of the suit. The respondent was further directed to pay Rs. 2/- per month from 1st May 1980, that is to say, from the date of filing the suit till eviction. The respondent filed appeal before the District Court and the learned Additional District Judge framed the following points for determination:-'1. Whether the village of Penha de Franca wherein the suit house is situated is within 2 kms. from Panaji? 2. Whether the distance from Penha de Franca to Panaji is not relevant in view of the fact that ...
Shah Hyder Beig and Others Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-20-1999
Reported in: 1999(4)BomCR146
ORDERA.D. Mane, J.1. This writ petition is filed on 21-10-1992 claiming threefold reliefs (1) to issue a writ of Certiorari or any other writ, direction or order in the nature of Writ of Certiorari quashing and setting aside the Notification No. TPS/13/AH/ dated 15-5-1971 published in the Maharashtra Government Gazette, Poona Division, Part I Supplement dated 17-6-1971, at page No. 1342 under section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with section 6 of the Land Acquisition Act, 1894, (2) To issue a Writ of Certiorari or any other writ order or direction in the nature of Writ of Certiorari or order or direction to quash and set-aside the award dated 26-4-1976 regarding CTS No. 5161-A of Ahmednagar town, (3) to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus directing the respondents to hand over vacant possession of the disputed site No, CTS 5161-A situated in Ahmednagar city to the petitioners...
Centurion Bank Ltd. Vs. Indian Lead Ltd. and anr.
Court: Mumbai
Decided on: Aug-20-1999
Reported in: 1999(4)ALLMR347; [2000]100CompCas537(Bom)
F.I. Rebello, J.1. The plaintiffs by the present petition have applied for leave under clause 12 of the Letters Patent. The suit by the plaintiff is for a declaration that the hire purchase agreement dated January 27, 1995, and the hire purchase agreement dated July 3, 1995 are validly terminated with effect from June 5, 1999 ; a further declaration that the defendants have no right, title or interest or claim whatsoever in respect of the said equipment, etc.; that the defendants be ordered and directed forthwith to hand over and deliver possession to the plaintiffs of the said equipment; that the defendants be ordered and decreed to jointly and/or severally pay a sum of Rs. 31,32,608 collectively under the said agreements being arrears of hire charges up to June 5, 1999, with further interest thereon ; that the defendants jointly and/or severally be ordered and decreed to pay to the plaintiffs a sum of Rs. 25,02,274 towards hire purchase charges for the remaining period of hire ; that...
Father Thomas Shingare and Others Vs. the State of Maharashtra and Oth ...
Court: Mumbai
Decided on: Aug-20-1999
Reported in: 2000(5)BomCR1; 2000BomCR(Cri)1
ORDERB. H. Marlapalle, J.1. Heard the Counsel for respective parties. Rule. Taken up for final hearing forthwith.2. The applicant No. 1 is the Principal of the Little Flower High School at Aurangabad and the applicant No. 2 is the President of the Saint Francis De Sales Education Society, Aurangabad and he is also the Bishop of Aurangabad Diocese, whereas, the applicant Nos. 3 and 4 are the membersof the Saint Francis De Sales Education Society, Aurangabad. The daughter of the respondent No. 2 - Deelip Balrang Bedekar was studying in the Little Flower High School which is run by Saint Francis De Sales Education Society (Hereinafter referred to as the education society for short) which is a public trust, registered under the Bombay Public Trusts Act.3. It is alleged that on 11-10-1993, the applicant No. 2 recovered from the respondent No. 2 an amount of Rs. 180/- towards the School Maintenance Fees vide receipt No. 0018156 and this receipt was issued by R.C. Church, Cantonment, Aurangab...
Fordie Metals Ltd. Vs. M.V. tibor Szamuely
Court: Mumbai
Decided on: Aug-20-1999
Reported in: 1999(4)ALLMR203; 2000(3)MhLj444
ORDERR.M. Lodha, J.1. Heard Mr. Narichania, the learned counsel for the applicants and Mr. Rambhadran, the learned counsel for defendants.2. By this chamber summons taken out by Banque National De Paris (Suisse) S.A. seeking leave of the Court, it is prayed that the applicants be permitted to be impleaded to the present suit in place and stead of plaintiffs and they be permitted to amend the plaint as per the Schedule annexed to the chamber summons and also to carry out the consequential amendments therein as may be required. The applicants have also prayed that the suit be deemed to have been instituted as on 21 -3-1995 viz. on the date of institution of the present suit.2A. In the affidavit in support of this chamber summons it is stated that though the plaintiffs filed the present suit against the defendants for recovery of a sum of U.S. Dollars 145,349.68 along with interest thereon, for arrest and sale of the 1st defendant vessel or any other ship/ships or vessels belonging to or ...
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