Mumbai Court January 2001 Judgments
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R.K. Soni Vs. Central Bureau of Investigation, Through Superintendent ...
Court: Mumbai
Decided on: Jan-19-2001
Reported in: 2001ALLMR(Cri)494; 2001(5)BomCR681
J.N. Patel, J.1. The applicant has impugned his conviction and sentence passed by the learned Chief Judicial Magistrate, Nagpur, on 31-3-1995, in Criminal Case No. 390 of 1992, holding him guilty for having committed offence under section 409 of the Indian Penal Code and under section 409 read with section 511 of the Indian Penal Code and thereby sentencing him to undergo rigorous imprisonment for six months on each count and to pay a fine of Rs. 1000/- or in default to suffer further rigorous imprisonment for one month, on each count. The substantive sentences have been ordered to run concurrently. In the appeal preferred by the applicant before the Court of Sessions at Nagpur, i.e. vide Criminal Appeal No. 35 of 1995, the learned IInd Additional Sessions Judge, by his judgment and order, dated 25-10-1996, confirmed the judgment of the Trial Court and dismissed the appeal.2. In nutshell, it was the prosecution's case that the applicant, R.K. Soni, who was, at the relevant time, workin...
Madan Enterprises Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(75)ECC461
1. The appeal is filed by the above appellant praying for setting aside the Order-in-Original No. 41/2000/CAC/KPS dated 1.2.2000 and quashing penalty; and redemption fine, and for extending the benefit of Notification No. 23/98 to the goods with consequential relief.2. The facts of the case are that the appellant had sought clearance of NYLON TRICOT FLOCKING FABRICS, valued at Rs. 11,03,465.00 on 14.10.98 declaring as INSOLE SHEET, claiming benefit of CN 23/98 SI. No. 108, List 3A, SI. No. 3 at concessional rate of duty; at 20% basic customs duty as against merit rate of 40%. Under these heading goods such as Insole, Midsole and parts thereof for leather industry; are eligible for concessional rate of basic custom duty at 20% as against 40%.Subject; item Nylon Tricot Flock fabric is a product having multiple use. Whether it can be used as insole, midsole, in leather; industry; has been debatable issue for years. The practice being followed this customs house like other custom house wa...
Prithviraj B. JaIn Vs. Commissioner of Customs (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(75)ECC470
These two appeals are preferred by the above appellant against the above captioned impugned order dated 6.12.88 praying for quashing and/or setting aside the personal penalty of Rs. 1 lakh each or such order as deemed it.1. The brief facts of the case are that on 17.1.88 on the basis of prior information officers of night mobile Squad, Rummaging and intelligence unit of Bombay custom preventive collectorate apprehended two persons, who parked the scooter No. BLK 7194 in the compound of Edul-Aic-Co-operative Housing Society Ltd., 13th Khetwadi Lane, Grant Road, Bombay-4. They gave their name as Prithviraj Babulal Jain (appellant). Owner of the scooter and Babulal Kapoorji Mali (Pillionrider). They were questioned whether they were carrying contrabond gold or in the scooter, for which they replied in the affirmative. Since it was a open road side, and gathering of large crowd, it was not practicable and feasible to carry out examination of the scooter bearing No. BLK 7194 and personal s...
M/S. Shree Madhi Vibhag Khand Vs. Commissioner of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(77)ECC96
1. The appellants manufactured sugar. At the material time there were different rates of duty for levy sugar and free sale sugar. The rate of duty on the later was higher than on the former because the levy sugar was distributed through the public distribution system. In order to give incentive to the sugar industry certain notifications were issued under the Central Excise Act. One such notification was bearing no.130/83-CE dated 27.4.1983 as amended. This notification prescribed a concessional rate of Rs.17/- per quintal for any sugar cleared as additional entitlement under incentive scheme. This scheme was operated by the Directorate of Sugar, Department of Food, Ministry of Good and Civil Supplies, New Delhi. Notification 131/83 had similar provisions and extended benefit from the additional duties of excise. The appellants cleared some sugar during the period September - November, 1990 in terms of notification 130/83. Part (3) of the explanation to this notification when these cl...
Commissioner of Customs, (P) Vs. Shri Sharad Kumar Agarwal
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(75)ECC424
1. This is the department's appeal against the above captioned Impugned order dated 8.11.99 praying for setting aside the same.The brief facts of the case are that on 3.2.1965 the Respondent was intercepted at Bombay Central Railway Station by police constable Badge No. 1304 while carrying 800 tolas of gold in his suitcase. He and his companion Ram Swaroop Motilal Agarwal tried to run away with the suitcase but were apprehended by the above constable with the timely help of two other constables and taken to police station. On opening the suitcase 80 gold bars totally weighing 800 Tolas were recovered from the said suitcase, Rs. 8050 Indian Currency and a cheque of Rs. 200 from the person of Ram Swaroop M. Agarwal. Gold and Indian currency were handed over to the custom Authorities of Mumbai, who seized them on same day. Additional Collector of Customs confiscated absolutely the 800 tolas of gold and imposed personal penalty of Rs. 50,000 on the Respondent under Order No. S/14-5-5/65P ...
Powertech International Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(75)ECC420
1. M/s. Powertech International, (Powertech for short) the appellant before us, was engaged in the manufacture of electronic goods. The department's enquiries into its affairs showed that the appellant sold more than 80% of its production to M/s. HV Industrial Electronics Pvt.Ltd. (HVIE for short). The discount that the manufacturer extended to HVIE ranged from 35% to 45%, whereas its other buyers were given either no discount at all given or given discount up to 26%. The department's enquiries showed that the stockholding pattern of the HVIE and Powertech to be as follows : Share Holder No. of Shares Percentage Venugopal Nandlal Dhot 250 12.5% Himat Ratilal Vora 990 49.5% Jyoti Himat Vora 10 0.5% Sushmabai Rajkumar Dhoot 249 12.45% Nalinibai Pradipkumar Dhoot 500 25% Mecotex Consultants Pvt. Ltd. 1 0.05% Powertech Pradip Nandlal Dhoot 12% Rama Venugopal Dhoot 19% Sushma Rajkumar Dhoot 19% Ratilal Hirachand Vora 15% Jyoti Himat Vora 10% Chandrakant Ratilal Vora 25% 2. Sushma Rajkumar ...
Ge Apar Lighting Pvt. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(75)ECC433
1. This appeal is preferred by M/s. Ge-Apar Lighting Pvt. Ltd. against the Order-in-Appeal dt. 16.4.94 as captioned above praying for setting aside the same and for consequential relief deemed fit.2. The brief facts of the case are that the appellant manufactures Electronic Bulbs and Fluorescent Tubes falling under Chapter Heading No. 8539.00 to the Schedule of the Tariff Act availing the benefit of credit of duty on the inputs used in relation or in the manufacture of the final product. They are holding Central Excise Registration Certificate No. 2303031756, and paying duty of Rs. 2 per tube plus 15% Basic and Special Excise duty, and are also availing the benefit of credit on excisable goods, used as inputs under the Modvat scheme under Rule 57F of the Central Excise Rules. The appellant submitted an application on 3.3.92 for taking Modvat credit on the inputs lying as such, and Rule 57H of Central Excise Rules after considerable period.He has imported the inputs Cathod Paste of 100...
Geetanjali Woollens Pvt. Ltd. Vs. Commissioner of Customs (Export)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-18-2001
Reported in: (2001)(74)ECC201
1. When this stay application was heard, Shri V.K. Doiphode, Ld.counsel appearing for the applicants submitted that the case may be taken up for final disposal on two grounds; the first is that this is the first import of his clients who are an 100% EOU and more imports are in pipeline. The second ground is that if his argument on the stay application is accepted, there would be nothing left in the case to be decided. The Ld. JDR Shri A.K. Jain has reservations but we accept the grounds pleaded by Shri Doiphode and take up the appeal itself for final disposal after granting waiver of pre-deposit of the penalty amount of Rs. Two lakhs imposed on the applicants.2. The appellants are an EOU situated in Halol, Gujarat. They filed two Bills of Entry describing the goods as "old original synthetic hosiery rags completely premutilated". Examination showed that the goods were actually old and used serviceable hosiery garments/sweaters in unmutilated condition. The classification claimed by th...
Shashikant A. Alavane Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jan-18-2001
Reported in: 2001BomCR(Cri)502; (2001)2BOMLR182; 2001CriLJ1503
A. M. Khanwilkar. J.1. By this writ petition, under Article 226 of the Constitution of India, the Petitioner, father of Shri Anil (r) Sanjay Shashikant Alavane (hereinafter referred to as the Detenu), has challenged the order dated 2nd May, 2000 passed by Shri R. S. Mendonca, Commissioner of Police, Brihan Mumbai in exercise of powers under section 3(1) of the M.P.D.A. Act, 1981.2. The impugned order of detention was passed against the detenu on the ground that he was a dangerous person and it was necessary to detain him with a view to prevent him from acting in any manner prejudicial to the maintenance of public order under the said Act.3. It is not necessary for us to advert to the grounds of detention in extenso since the only question argued before us is that the impugned order of detention is vitiated because of the delay in considering the representation made to the State Government. This contention is articulated in ground No. A of the writ petition.4. The substance of the said ...
Henry Fernandes and Etc. Vs. Succorinha Fernandes and Etc.
Court: Mumbai
Decided on: Jan-18-2001
Reported in: AIR2001Bom208; 2001(2)ALLMR93; 2001(3)BomCR360; II(2001)DMC536; 2001(2)MhLj806
B.N. Srikrishna, J. 1. Both these suits have been referred to this Division Bench by the Hon'ble the Chief Justice. The issue we have to answer is; 'Whether in view of the judgment of the Full Bench of this Court in Pragati Varghese v. Cyril George Varghese, : AIR1997Bom349 , a Christian husband would be entitled to a decree of divorce on the ground of cruelty.'2. Though the issue of law referred to this Court is the same in both the cases, the facts are marginally different. It would be necessary to indicate the facts very briefly. In M. J. Petition No. 318 of 1988 the parties are Christians and a marriage was solemnized on 4th May, 1983 at St. Anne's Church, Bombay in accordance with Christian Rites and Ceremonies. On 13-8-1986 a male child named Jude Fernandes was born to the couple. On 30-3-1991 a female child was born to the couple. Differences arose between the husband and wife and a number of incidents have been pleaded which, according to the petitioner-husband, amounts to crue...
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