Mumbai Court February 2000 Judgments

Dr. Jaysukhlal Karshandas Chauhan Vs. Union of India (Uoi) Owning Cent ...

Court: Mumbai

Reported in: II(2002)ACC437

S.K. Shah, J.1. This appeal is directed against the order passed by the Civil Judge, Senior Division, Nagpur awarding compensation of Rs. 4,000/- to the claimant who suffered injuries in Railway accident. The appellant, Dr. Chauhan, who was serving as Medical Officer in the Government Hospital at Sihor, Was travelling to Nagpur by 1-Down Bombay-Howrah Mail. On 4.8.1979 at about 11.00 a.m. the train met with an accident near Vena River near Butibori and Borkhedi Stations. The appellant was removed to the Government Hospital, Nagpur and was hospitalised till 7.8.1979. He suffered compression fracture of the L-1 vertebral body; Inters pine ligament tear; fracture of spinous process L-5, shock and severe bodily pain. After getting discharge from the Government Hospital, Nagpur on 7.8.1979, he went to Bhavnagar and got himself admitted to the hospital there at Bhavnagar on 9.8.1979. He was hospitalised till 23.8.1979. Being in the Government, the expenses incurred by the appellant for treat...

Wall Street Finance Ltd. Vs. Commissioner of Customs (Prev.)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2000)(69)ECC109

1. This is an appeal filed by the appellants against the decision of the Commissioner of Customs (Preventive), Mumbai made in Order No.CCP/SSS/ADJN/27/98 dated 23.6.98 where under he had confiscated assorted foreign currency including Traveller's Cheques (TCs) amounting to Rs. 1,43,57,730.15 which was seized or 27.5.1997 under Section 113(d) and (f) of the Customs Act. He ordered confiscation of country craft "Ya-Hajipir" having registration No. MNV-1048/Mandvi seized or 29-5-1997 under provisions of Section 115 of the Customs Act. Since the country craft was released provisionally under bond and was available for confiscation he ordered appropriation of Rs. 5 lakhs in lieu of fine for confiscation. He also ordered inter alia confiscation of an amount of Rs. 58,02,000 seized on 2.6.1997 lying in the pay order account of M/s. Times Travels & Cargo (M/s. TTC for short) in the Union Bank of India, Versova Branch and the amount of Rs. 10,01,010 seized on 2.6.1997 lying in the pay orde...

indu-nissan Oxo Chemicals Pvt. Vs. Commr. of Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2000)(69)ECC147

1. This application is for early hearing. Prayer is also made for stay of the order of imposition and recovery of redemption fine to the extent of Rs. 1,00,00,000/-.2. The applicants imported heptene and nonene. The goods were provisionally assessed in terms of notifications 41/96, 11/97 and 12/97. These notifications exempted "naphtha" from payment of duty. ITC Para 156Q) entry at Sr. No. 18 permitted naphtha to be imported without a licence subject to the importer's selling the return stream of naphtha to crude oil refineries on commercial sale terms. In the alternative the importer was permitted to use the return stream as feedstock for captive consumption and to sell the remainder to the crude oil refineries. The imports were covered under ITC bonds undertaking to fulfill the conditions prescribed in the aforementioned paragraph. Bank guarantees were also filed from time to time. On 26-2-1997 show cause notice was issued referring to seven bills of entry the goods covered by which...

Rajan Industrial Corpn. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2000)(70)ECC321

1. The appellants in this case manufactured domestic electric mixers and grinders. In the manufactures of such machines, plastic moulded parts were used. The appellants purchased plastic powder and sent it to the job workers for conversion into moulded articles. In doing so, they adopted two different methods. For some quantity of parts they took Modvat credit, sent the material to the job workers under the procedure prescribed under Rule 57F(2) of the Central Excise Rules, 1944 and received back the parts under challan. Some material was sent by them for similar operation without taking Modvat credit and without following the aforesaid provisions. The powder was sent under their challans and the parts were received back from the job workers under the job workers challans. In both cases the present applicants conducted some further operations on the parts such as punching, drilling etc. whereas the first lot was used in the manufacture of mixers etc. the second lots were sent to a dep...

Satyendra Pal Chaudhary Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal filed by the assesses relates to the asst. yr. 1988-89 for which the accounting year ended on 31st March, 1998.2. The appeal arises this way. The assessee filed a return of income on 22nd June, 1988. The assessment was first completed on 19th April, 1990. Subsequently, it was noticed that the assessee had filed a revised return on 14th Feb., 1990 declaring a higher income and in order to regularise the same, notice under Section 148 was issued. The reassessment was completed on 26th Feb., 1991 computing the assessee's income at Rs. 11,64,882.3. The assessee filed an appeal on 27th March, 1991 to the CIT(A). In this appeal he challenged the action of the AO in taking the overflow from the film 'Namak Halal' at Rs.6,33,741 as against Rs.2,65,571 declared by the assessee. The CIT(A) noted that the tax on the returned income had not been paid by the assessee and, therefore, the appeal was not maintainable in terms of Section 249(4) of the Act. The assessee thereupon by lett...

Baban Shandar Suryawanshi Vs. the State of Maharashtra

Court: Mumbai

Reported in: (2001)2BOMLR706

D.G. Deshpande, J. 1. Heard both the counsels in their respective appeals and also heard the learned A.P.P. for the State.2. Both these appeals arise out of a common judgment of conviction in which accused No. 1 who was the Secretary and accused No. 2 who was the Chairman of Burud Samaj Audyogik Sahakari Society Ltd.. Islampur, were convicted under the provisions of the Essential Commodities Act. 1955, and the Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975, (hereinafter referred to as B.C. Act and Regulation 1975 in short).3. As per the charge framed against the accused appellants they had not complied and had contravened the provisions of section 18(2)(e)(g) of the Regulation 1975 and committed offence punishable under section B read with section 7 of the E.G. Act. This non-compliance included not maintaining on the premises of the shop true and proper accounts with regard to the receipt, distribution and sale of scheduled commodities together with all...

Chandrikaprasad Mishra Vs. Shree Babulnath Mandir Charities and Anothe ...

Court: Mumbai

Reported in: 2000(3)ALLMR161; 2000(3)BomCR414; [2000(85)FLR793]; (2000)IILLJ729Bom; 2000(3)MhLj73

ORDERR.M. Lodha, J.1. Rule. Returnable forthwith, Mr. Verma waives service for respondent No. 1. Service on respondent No. 2 is dispensed with.2. By consent, writ petition is heard finally at this stage.3. The petitioner herein is original complainant in Complaint (ULP) No. 284 of 1992. It is the case of the petitioner that he was working as a watchman with the 1st respondent herein, namely Shree Babulnath Mandir Charities (for short 'employer') since 1980 and his last drawn salary was Rs. 1425.50 per month. Somewhere in the month of November 1991 the workmen employed by the employer became the members of Kamgar Utkarsha Sabha, a trade union, by resigning their membership from the earlier union, namely, Bombay Labour Union. The petitioner was instrumental in the said change of membership. After the majority of workmen had joined the Kamgar Utkarsha Sabha, the said union filed a complaint of unfair labour practices being Complaint (ULP) No. 1637 of 1991 in the Industrial Court at Mumbai...

Madhav Bapurao Wagh Vs. State of Maharashtra and Others

Court: Mumbai

Reported in: 2000(4)BomCR465; 2000(3)MhLj853

ORDERA.V. Savant, J.1. Heard all the learned Counsels; Shri Suryawanshi for petitioner. Shri Bhapkar, Assistant Government Pleader for respondents Nos. 1 to 4 and Shri Patil for respondents Nos. 7 and 13. 2. The short point is about the legal competence of respondent No. 3 District Deputy Registrar to do two things, viz; (i) receiving the requisition of 'no confidence motion', against the petitioner, who has been elected as the Chairman of District Loan Committee of respondent No. 6 District Branch of respondent No. 5-a specified co-operative society, within the meaning of section 73-G of the Maharashtra Co-operative Societies Act, 1960, (for short, the '1960 Act' hereinafter) and (ii) convening the meeting on 5th February 2000 at 1.00 p.m. for considering the said no confidence motion. 3. The petitioner claims to be elected as the Chairman of the District Loan Committee of respondent No. 6 on 16-10-1998 for a period of five years. On 24-1-2000 a requisition was submitted by the respon...

V.R. Pastekar and Others Vs. the Managing Director, Marathwada Develop ...

Court: Mumbai

Reported in: 2000(3)ALLMR141; 2000(4)BomCR458

ORDERV.K. Barde, J.1. Original 7 petitioners filed this petition. However,during the pendency of this petition. Petitioner No. 1-V.R. Pastekar, petitioner No. 3-U.N. Joshi, Petitioner No: 5-H.P. Pawar and petitioner No. 6-N.D. Basarkar have withdrawn and now only the petitioner No. 2 P.R. Barde, petitioner No. 4 A.Y. Ralsokar and petitioner No. 7 B.R. Wattamwar are contesting the petition. 2. The case of the petitioners is that the petitioners were employed by the respondent No. 1 Marathwada Development Corporation (hereinafter referred to as the M.D.C. for short) in the year 1971/72 on various posts. They were taken in the Powerloom Division of the M.D.C. There were 48 Co-operative Societies running Powerlooms and to support them by giving technical and managerial advice, the Division of M.D.C. was started. Petitioners have further contended that till the year 1983, they continued to hold various posts in the Powerloom Division of M.D.C. and thereafter, they were transferred to Textil...

Satyendra Pal Chaudhary Vs. Asstt. Cit

Court: Mumbai

Reported in: (2002)74TTJ(Mumbai)741

ORDERR.V. Easwar, J.M.This appeal filed by the assessee relates to the assessment year 1988-89 for which the accounting year ended on 31-3-1998.2. The appeal arises this way. The assessee filed a return of income on 22-6-1988. The assessment was first completed on 19-4-1990. Subsequently, it was noticed that the assessee had filed a revised return on 14-2-1990 declaring a higher income and in order to regularise the same, notice under section 148 was issued. The reassessment was completed on 26-2-1991 computing the assessees income at Rs. 11,64,882.3. The assessee filed an appeal on 27-3-1991 to the Commissioner (Appeals). In this appeal he challenged the action of the assessing officer in taking the overflow from the film Namak Halal at Rs. 6,33,741 as against Rs. 2,65,571 declared by the assessee. The Commissioner (Appeals) noted that the tax on the returned income had not been paid by the assessee and, therefore, the appeal was not maintainable in terms of section 249(4) of the Act....