Mumbai Court July 2000 Judgments
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Prabhavati Nivrutti Patil (Sou.) Vs. Nivrutti Kashinath Patil (Shri) a ...
Court: Mumbai
Decided on: Jul-10-2000
Reported in: 2001(5)BomCR221; 2001CriLJ1989; II(2001)DMC152
Pratibha Upasani, J.1. This Criminal Revision Application is filed by the petitioner/wife, being aggrieved by the judgment and order dated 9th June, 1994, passed by the Sessions Judge, Raigad, Alibag, in Criminal Revision Application No. 142 of 1993. By the impugned judgment and order, the learned Sessions Judge, Alibag, allowed Criminal Revision Application preferred by the original opponent husband Nivrutti Kashinath Patil and set aside the order passed by the Judicial Magistrate, First Class, Pen, who by his order dated 8th October, 1993, had directed the husband to pay maintenance amount of Rs. 200/- per month, from the date of the application, to the petitioner/wife and Rs. 100/- by way of cost to her.2. Few facts, which are required to be stated, are as follows :Petitioner Prabhavati and respondent No. 1/Nivruti were married as per Hindu rites in the year 1987. After the marriage, Prabhavati went to reside with her husband at the Matrimonial house and stayed there for 31/2 years....
Balkishan S/O Ramrao Kapure Vs. the State of Maharashtra Through Govt. ...
Court: Mumbai
Decided on: Jul-10-2000
Reported in: 2000(3)ALLMR711; 2001(1)BomCR243
R.J. Kochar, J.1. The petitioner has prayed for a writ of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India, to quash and set aside the order dated 23-7-1987 passed by the respondents Nos. 2 and 3 to terminate his service as a Senior Assistant (Accounts). We have carefully gone through the proceedings and we have also heard Shri Shinde, the learned advocate for the petitioner. The petitioner has also prayed for reinstatement with full backwages and all other consequential benefits such as promotion etc.2. In this petition the petitioner has averred that he belongs to scheduled caste category and he possesses Master's degree in Commerce. In a hope to get employment he had enrolled himself with the Divisional Employment Exchange at Nanded. He has narrated in detail how he had undergone the whole rigmarole of the procedure and formalities to succeed in getting an appointment order. The petitioner has set out in unnecessary minute d...
Shashikant Govind Kulkarni and anr. Vs. Mahalaxmi Co-op. Bank Ltd.
Court: Mumbai
Decided on: Jul-10-2000
Reported in: 2001(1)BomCR437
A.M. Khanwilkar, J.1. This writ petition under Article 227 is directed against the judgment of the District Judge, Kolhapur dated 26-6-1987 in Civil Appeal No. 158 of 1984.2. The petitioner took over a running business of Dr. Gune in the suit premises situated at property bearing House No. 167, Shribhavan, B Ward, Kolhapur and continued the printing press business therein in the name and style of SEVA MUNDRANALAY. The suit premises consist of 2 halls admeasuring 30' x 40'. The respondent gave a suit notice on 13-1-1978 claiming arrears of rent for a period from 1-10-1976 to 31-12-1977, total claim of Rs. 2250/-, at the rate of Rs. 150/- per month. There is no dispute that suit notice was duly served upon the petitioners. Nevertheless, the petitioner did not tender the demanded amount nor raised a dispute regarding standard rent within a period of one month from the receipt of the suit notice as required under the provisions of Bombay Rent Act. In other words, it appears that on 14-3-19...
Radhey Shyam Ratanlal Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-2000
Reported in: (2000)(121)ELT638Tri(Mum.)bai
1. This Appeal No. C/90-V/2000-Mum. has been filed against order and decision made in CAO No. 1/2000/CC/CAC/SSB dated 27-12-1999 by which order, ld. Commissioner of Customs (E.P.) Mumbai had loaded the assessment of "cloves" from US $ 750 PMT to US $ 1800 PMT.2. The appellant filed Bills of Entry Nos. 1230 and 1285, dated 3-12-1999 for clearance of cloves of ZANZIBAR origin declaring CIF value as US $ 750 PMT. The supplies have been made by the supplier allegedly under contract No. 54136 dated 13-7-1998, which was entered into between importer and the supplier.3. It would appear from the reading of the impugned order that the prices of cloves have substantially increased after May 199 (sic). The inquiry was made in relation to these bills of entry which are itemized in the order portion of the impugned order. The contention of the importer before the adjudicating authority was inter alia that the goods should be valued as per the transaction value only and it could not be loaded as pr...
Shah Metal Industries Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-2000
Reported in: (2000)(121)ELT262Tri(Mum.)bai
This is the party's appeal against the above captioned Impugned Order dated 16-4-93 praying for setting aside the same With any order deemed fit.1. The brief facts of the case are that appellant manufactures various articles of Aluminium classifiable under chapter 7606.20, 7602.00, 7607.10 and Electrical Machinery equipments and parts thereof classifiable under chapter 8538.00 & 853200 of the Central Excise Tariff Act, 1985 and avails Modvat credit under Rule 57A of Central Excise Rules, on various inputs used in the manufacture of final products. They did not file declaration under Rule 57G of Central Excise Rules in respect of inputs Aluminium Extruded Profiles, Aluminium flats and bars, Rod Pipes, and slab falling under chapter sub-heading 7604.30 and availed wrong Modvat credit for Rs. 2,54,433.29 (Rs. 2,43.891.25 BD + Rs. 10,542.04 SED) during the period from 22-4-1987 to 9-3-1990 as per Annexure 'A' appended to show cause notice dated 28-4-1992. By not filing Modvat declarat...
Reliance Industries Limited Vs. Commr. of Cus. (import)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-2000
Reported in: (2000)(121)ELT775Tri(Mum.)bai
1. The application is for waiver of deposit of duty of Rs. 3.36 crores approximately and penalty of Rs. 10 lakhs.2. In his order the Commissioner has found that the manuals imported by the applicant are classifiable under heading 4911.99 of the tariff and hence demanded duty payable accordingly.Parasrampuria Synthetics Ltd. v. CCE - 2000 (38) RLT 846 has held that drawings, designs, etc., for setting up a plant in book form to be classifiable under heading 49.01 and nounder heading 49.11. We note that there is no dispute that the goods under consideration are drawings, designs of plant, etc., required to set up the PTA plant of the applicant. The goods therefore would be prima facie classifiable under this heading and by virtue of Notification 38/94 exempted from duty. We also note that no reason has been furnished for imposing of penalty. On the contrary the Commissioner accepted that the appellant would be under bona fide impression that the goods are noliable to duty.4. In these ci...
Commr. of C. Ex. and Cus. Vs. Susha Founders and Engineers
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-2000
Reported in: (2000)(121)ELT546Tri(Mum.)bai
1. As is so often the case, there is absolutely no ground shown in support of the department's stay applications. However, as the issue for consideration in these appeals itself is covered by judgement of the Supreme Court, Madras High Court and various decisions of the Tribunal we take up the appeals themselves for disposal.2. The issue in these appeals is whether the notional interest on advances received by the assessees from its buyers towards the purchase of the goods, should form part of the assessable value. Adjudicating on the notices issued to the assessees, proposing such addition, the Assistant Commissioner confirmed the proposal. The Commissioner (Appeals) allowed the appeals filed by the assessees. The Commissioner (Appeals) held that the department had not shown that the fact of advances had resulted in depression of the price and therefore the notional interest should not form part of the assessable value.3. The ground in these appeals is that the Commissioner has erred...
Nasik Breeding and Research Farm Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-08-2000
Reported in: (2000)(121)ELT534Tri(Mum.)bai
1. The somewhat unusual facts leading to this appeal are these. The appellant imported two consignments of live day old chicks. It is a matter of fairly common knowledge that such chicks are imported by poultry farmers for being reared into layers i.e. hens which lay eggs and broilers i.e. chicken which will be brough shold for its meat. A bill of entry for each consignment was presented in advance prior to the arrival of the consignment and duty paid, no doubt to ensure that there would be as little delay as possible in clearing these chicks which, because of their young age are vulnerable. But that has precisely happened. Ninety five per cent of the chiks in one consignment and 90% in the other consignment died. The date of their death is in issue in this appeal. It is however a matter of record that postmortem examination was conducted on some of the dead chicks and the finding of the Deputy Superintendent, city and Harbour, Animal Husbandry and District Animal Husbandry Officer, M...
Commr. of Cus. Vs. Hindustan Petroleum Corporation
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-07-2000
Reported in: (2000)(121)ELT109Tri(Mum.)bai
1. The question for consideration in this appeal is what is the correct method for determining the quantity of liquid cargo - crude petroleum oil in the present case - imported in a tanker and pumped on to shore tanks, for purposes of assessment to duty. In the case before us the quantity of oil declared on the bill of entry by the importer and assessed provisionally pending ullage survey was 64000 MT. The ullage survey carried out in the presence of the carrier, the customs and port trust officials showed the quantity to be 65107.552 MT. Duty on the difference between the two quantities was demanded from the importer.In the reply to the notice, the importer contended that a more correct method of determining the quantity of goods imported would be dip measurement in the tanks on shore into which the oil is pumped from the tanker and by this measurement there is no excess goods imported. The Asstt. Commissioner declined to accept this plea and confirm the demand.2. The importer appeal...
Ramesh Shankar Kale Vs. Madhav Bhimshankar Wadnere and ors.
Court: Mumbai
Decided on: Jul-07-2000
Reported in: (2001)2BOMLR945
ORDERR. M. S. Khandeparkar, J.1. Heard Mr. Thorat for petitioner. None present on behalf of respondents though served. This petition arises from the judgment of the Lower Appellate Court dismissing the appeal filed against the order of the Trial Court dismissing the suit of the petitioner. The facts in brief relevant for the decision are that, one Shankar Kale was the tenant in occupation of the suit premises. The suit premises were purchased by the Respondent No. 3 herein on 4th September, 1968 and thereafter a suit bearing No. 170 of 1970 was filed on the ground of default in payment of rent and bonafide need of premises for personal occupation. It is to be noted that the suit was filed against the respondent No. 2 alone, who is the eldest son of the original tenant and the father of the petitioner and the respondent No. 2 and who expired on 26th January, 1968. The petitioner was not joined as party to the said suit by the respondent No. 1. It is also an undisputed fact that the suit...
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