Mumbai Court July 2000 Judgments
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Herdillia Unimers Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-03-2000
Reported in: (2000)(122)ELT504Tri(Mum.)bai
1. The question for consideration in this appeal is whether vanadium oxy-tri chloride and ethyl aluminium sequil chloride imported by the appellant are to be classified under heading 3815.90 as claimed by the appellant or under chapters 28 and 29, as held by the Commissioner (Appeals) in the order impugned in this appeal.2. Heading 3815.90 is for reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included.Sub-heading 11,12 and 19 are for supported catalysts and sub-heading 90 for other.3. The contention of the advocate for the appellant that the two products find use as catalyst, and that the appellant's case for classification of the goods under heading claimed is based on its submission that the two products have uses as catalysts, and that vanadium oxy-tri chloride. There is no dispute that each of these products find mention in the Hawley's Condensed Chemical Dictionary as a catalyst in polyoly reactions. We also accept the submission...
indus Engineering Co. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-03-2000
Reported in: (2000)(122)ELT179Tri(Mum.)bai
1. When the stay application was listed for hearing on 9-3-2000, the Tribunal found that the appeal itself could be disposed of and listed it for decision today. The appeal is taken up for hearing after waiving deposit.2 The appellant, at the relevant time, was manufacturer of parts of machinery of iron and steel. By notice issued in June, 1996, the department proposed to demand duty on the goods cleared by the appellant for the reason that the appellant had taken Modvat credit of duty paid on the inputs used by it in the manufacture. The notice did not specify the nature, description or value of the goods in respect of which there was short levy or the period during which it cleared the goods. Although the annexure to the notice indicate Modvat credit to the extent of Rs. 1,10,54,171, have been availed of between December, 1995 and May, 1996 and that duty is payable at 15% works out to Rs. 16.58 lacs. The Assistant Commissioner confirmed the proposal in the notice by reference to Sec...
Akola Oil Industries Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-03-2000
Reported in: (2000)(122)ELT493Tri(Mum.)bai
This appeal is filed by the above Industries against the Order in Appeal No. PPM-1244/NG.197/87 of 04.12.1987 passed by Collector of Central Excise, Nagpur, praying for quashing and setting aside the same, and for refund of Rs. 14,454.30 deposited on 20.03.1986 under P.L.A. Entry No. 2886.1. The brief facts of the case are that appellant manufacture vegetable products falling under Tariff Item 13 of Central Excise Tariff, made from mixture of indigenous rice bran oil of edible grade and other oils. As per Notification No. 99/84, dated 30.04.1984, the above product is exempted from so much duty of excise leviable thereon as is equivalent to the amount calculated at the rate of Rs. 30/- per quintal on the quantity of rice bran oil used in the manufacture of the said vegetable products provided the content of indigenous rice bran oil is such mixture is in excess of 3% of products (vegetable) prepared at a particular batch of such mixtures. Appellant had cleared the vegetable products und...
The Goa Foundation, Represented by Its Secretary Dr. Claude Alvares, w ...
Court: Mumbai
Decided on: Jul-03-2000
Reported in: 2000(4)BomCR646
ORDERF.I. Rebello, J.1. The petitioner No. 1 is a society registered under the Societies Registration Act with the objects amongst others to take appropriate action to halt the ecological degradation of the environment and to formulate and implement programmes for the rehabilitation and development of the Goan environment and to restore ecological balance. All its members are nationals and citizens of India. It is also contended that as citizens of India they have fundamental duty as enshrined under Article 51(g) to protect and improve the natural environment including forests, lakes, river and wild life and to have compassion for living creatures.2. By the present petition, the petitioners have challenged an order of respondent No. 1 approving demarcation of High Tide Line that is not in consonance with the CRZ Notification dated 19-2-1991 as amended on 16-8-94 issued under the Environment Protection Act, 1986. The said order is dated 26-7-94. By the said order, a copy of which is pla...
Tariq Razi Azmi Vs. the Tata Hydro-electric Supply Co. Ltd. and Others
Court: Mumbai
Decided on: Jul-03-2000
Reported in: 2000(5)BomCR211
ORDERD.K. Trivedi, J.1. I have heard this matter at length earlier on 5th July, 1999 and the matter was kept today high on board considering the request that the petitioner wants to submit proposal to the respondent-company for settlement even in respect of action taken against the applicant wherein the petitioner's services were terminated by the company on 30th August 1997 and for which, the petitioner workman had moved the Labour Court challenging the said action which is pending. 2. During the hearing when the matter was called out today, on behalf of the applicant, without prejudice, a proposal submitted by the applicant through the advocate to the Solicitor of the respondent company for settlement incorporating certain conditions by his letter dated 9th July 1999 and the Solicitor after consulting his clients, has communicated the reply to the said proposal vide their letter dated 12th July 1999 indicating that the proposal is not acceptable. Hence, as the proposal of the applica...
Kondiba S/O Gundaji Kiwande Vs. the Zilla Parishad and ors.
Court: Mumbai
Decided on: Jul-03-2000
Reported in: 2001(1)BomCR71
R.J. Kochar, J.1. The petitioner has approached this Court under Article 227 of the Constitution of India, for his being promoted as a Head Master in the school run by the respondent No. 3 at Sillegaon (Taluka : Gangapur, District : Aurangabad). Initially the petitioner was aggrieved by the appointments of respondent Nos. 4, 5 and 6 as the Head Masters of three different schools functioning under the society. The petitioner had, therefore, prayed for quashing and setting aside the orders of their appointments as Head Masters.2. We are informed that from 13th January 1990, the petitioner has now been appointed as the Head Master of the school under the society. What the petitioner is presently praying is the deemed date of his promotion with effect from the dates on which respondent Nos. 4, 5 and 6 were promoted. He is also praying for all other consequential benefits from the deemed date. For that purpose, we will have to consider whether the petitioner was wrongly denied promotion whe...
Vasant Krishnaji Vaze Vs. Kantabai Rajgopal Rathi and ors.
Court: Mumbai
Decided on: Jul-03-2000
Reported in: (2000)102BOMLR61
A.M. Khanwilkar, J.1. This Writ Petition under Article 227 of the Constitution of India is directed against the judgment of the Additional District Judge, Solapur dated 18th April, 1987 in Civil Appeal No. 247 of 1984.2. The Petitioner is the tenant in respect of the suit premises bearing Municipal House No. 563 C.T.S. No. 2039 situated in South Sadar Bazar, Solapur. The Respondent landlord gave demand notice to the Petitioner on 1.8. 1979, demanding arrears of rent for the period from 1.4.1977 to 30.8.1979 and towards permitted increases. The Petitioner denied that he was in arrears of the amount demanded in the suit notice. The Petitioner neither offered the demanded amount within one month nor raised any dispute for fixation of standard rent as required under the Act. Under the circumstances the Respondent instituted a suit for possession of the suit premises being RCS No. 890 of 1979 on the ground of default and for recovery of arrears on 7.9.1979. The Petitioner filed written stat...
Shri Ramnath Dada Mote and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-03-2000
Reported in: (2000)102BOMLR52
D.Y. Chandrachud, J.1. Rule, returnable forthwith. Respondents waive service. By consent taken up for final hearing.2. The authorities of the State Government have proposed to reduce the extent of casual leave allowable to teachers and to non teaching employees of private schools in the State. The reduction proposed is from 15 days to 8 days every year. The policy decision is embodied in a circular dated 16th November, 1999, addressed by the Director of Education to all the Education Officers in the State intimating a decision taken by the State Government in a Government Resolution dated 12th October, 1999. The legitimacy and the fairness of this decision and the power of the State Government to reduce the number of days of casual leave is sought to be impugned in these proceedings under Article 226 of the Constitution.3. The 1st petitioner is an Assistant Teacher in a Secondary School at Ulhasnagar, since 1976. Besides, he is also the General Secretary of the Maharashtra Rajya Shiksh...
Jat Taluka Sahakari Kharedi Vikri Sangh Ltd. Jath Vs. RakmuddIn Dastgi ...
Court: Mumbai
Decided on: Jul-03-2000
Reported in: (2000)102BOMLR43
A.M. Khanwilkar, J.1. This writ petition under Article 227 of Constitution of India is directed against the judgment of the Maharashtra Co-operative Appellate Court, Bombay dated 27th February, 1986 in Appeal No. 382 of 1984.2. The short question which arises for consideration in this case is whether the dispute filed by the petitioner Society was maintainable under Section 91 of the Maharashtra Co-operative Societies Act.3. Briefly stated the facts are that the petitioner Society had started a cloth shop at Daphalapur wherein the Respondent was working as an employee in the said shop. There is no dispute that the Respondent was in service of the Petitioner society at the relevant point of time. In June, 1977 the Petitioner Society decided to close the shop on account of heavy losses. At that point of time the Respondent by an application requested the society to dispose of all the stock lying in the said shop to him at a concessional rate. The said application was considered favourabl...
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