Mumbai Court February 2002 Judgments
Bharat Chudasama Vs. Commissioner of Customs (Adj.),
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-28-2002
Reported in: (2002)(142)ELT619Tri(Mum.)bai
1. Shri Bharat B. Chudasama (hereinafter referred to as A-1) and Shri Bhupendra B. Chudasama (herein after referred to as A-2) were passengers, on Gulf Air Flight No. GF 0064, dated 13-4-97 from Dubai to Mumbai. They were intercepted on specific intelligence with the officers, 85 Foreign Marked Gold bars were found with each of them along with foreign currency US $ 6215 with Al and US $ 6215, UAE Dhirams 320, one half Riyal of Oman and one note of 100 Baiza of Oman with A-2 which was not declared and no duty was paid on the Gold in convertible foreign exchange, which they were entitled.2. Enquiries made revealed that they were carrying the Gold found with them on behalf of one Tahirbhai of Dubai. They cleared the same through Customs in Arrival Hall on instructions of a Cousin Brother of Tahirbhai by getting themselves cleared through Green channel and not putting the carry Bags containing the Gold through the X-Ray Machine.3. One Karim H. Devji of Mumbai was identified to be the said...
Tag this Judgment!Cecil Dennis Solomon and anr. Vs. Reserve Bank of India and anr.
Court: Mumbai
Decided on: Feb-28-2002
Reported in: 2002(4)BomCR508; (2002)3BOMLR910; [2002(95)FLR129]; (2002)IIILLJ115Bom; 2002(2)MhLj956
V. G. Palshikar, J.1. Both these petitions raise identical questions of law for adjudication and, therefore, are disposed of by this common order. All the three petitioners in these two petitions are employees of the Reserve Bank of India and have resigned from their service after rendering service of more than twenty years. After resignation, they have claimed pensionary benefits which were rejected by the Reserve Bank of India by passing appropriate orders. This rejection is questioned in both these petitions.2. In Writ Petition No. 615 of 1996 the petitioners have claimed a declaration that Regulation 18 of Pension Regulation, 1990 be declared unconstitutional as it is unreasonable, arbitrary and discriminatory whereas the petitioner in Writ Petition No. 2586 of 1997 has claimed that Regulation 26(3-A) of the Reserve Bank of India Staff Regulations, 1948 is not prospective in nature and, therefore, petitioner is entitled to grant of benefit of pension as his resignation is equivalen...
Tag this Judgment!Raymond Ltd. Vs. Chanakya Beverages and anr.
Court: Mumbai
Decided on: Feb-28-2002
Reported in: 2002(25)PTC52(Bom)
D.K. Deshmukh, J. 1. By this petition, the Petitioner challenges the order dated 9th October, 1997 passed by the Asst. Registrar of Trade-marks. 2. The facts that are material and relevant for deciding this petition are that the Respondent No. 1 submitted an application for registration of its trade-mark. That application was advertised. The Petitioner on 11.2.1992 filed a notice of opposition as required by the provisions of Section 21(2) of the Trade Marks Act. A copy of the notice of opposition submitted by the Petitioner was forwarded by the Registrar to the Respondent No. 1 through his attorney alongwith letter dated 26.4.1993. The Notice of opposition was received by the attorney for the Respondent No. 1 on 5.5.1993. The Respondent No. 1 filed his counter-statement on 7.7.1993. On 15.11.1993, the Registrar issued a show cause notice to the Respondent No. 1 to show cause why his counter-statement filed on 7.7.1993 should not be taken on record as it has been filed beyond the perio...
Tag this Judgment!Newman Vs. Jacques Jaunet S.A. and anr.
Court: Mumbai
Decided on: Feb-28-2002
Reported in: 2002(25)PTC626(Bom)
D.K. Deshmukh, J. 1. By this petition, the Petitioner challenges the order dated 22nd December, 1993 passed by the Asst. Registrar of Trademarks. By that order the Asst. Registrar has disallowed the opposition filed by the Petitioner to the application submitted by the Respondent No. 1 for registration of their trade mark. 2. The facts that are material and relevant for deciding this Petition are that the Petitioner is a partnership firm doing business of manufacture and sale of ready-madegarments and various like articles made from leather and imitation of leather. The Respondent is a company incorporated under the Laws of France. The Petitioner started using the trade mark Newman written in a particular style, so that the New and Man were written one under other and they were written in such a style that if the words are read up side down they also read as Newman. According to the Petitioner, the Petitioner started using that trade mark since April, 1979. In 1988, the Respondent No, ...
Tag this Judgment!Municipal Corporation of Greater Bombay and anr. Vs. Rashmi D. Jani
Court: Mumbai
Decided on: Feb-28-2002
Reported in: 2003(1)ALLMR797; 2003(1)MhLj985
J.G. Chitre, J.1. Mrs. Mondale for the petitioners. Respondent has been served but she is absent and none present for her. The petitioner ishereby assailing the correctness, propriety, and legality of the judgment and order passed by the Judge Small Causes Court, Bombay, in Municipal Petition No. 168/1987 whereby the learned Judge allowed the appeal filed by the respondent in context with the provisions of Section 394(5) of Bombay Municipal Corporation Act 1988 (hereinafter referred to as, B.M.C. Act for convenience.)2. The respondent Mrs. Jani had contended before the learned Judge in the said appeal that she had taken over the business which was carried on by M/s C. S. Pocha and Sons in respect of a godown which was situated at Palekar Road, near Jagannath Shankarsheth Road, Girgaum. However, the petitioner B.M.C. refused to renew the said licence when she had applied for that. She contended that the said business was carried on by M/s C. S. Pocha from 1964 till 1973 and therefore, s...
Tag this Judgment!Vishwanath Baburao Chokote and ors. Vs. State of Maharashtra Through S ...
Court: Mumbai
Decided on: Feb-28-2002
Reported in: 2003(1)ALLMR474; 2003(2)BomCR771
H.L. Gokhale, J.1. These appeals raise questions with respect to interpretation and application of a State Government Resolution following upon a policy note issued by the Central Government governing the setting up of new sugar co-operatives. The three Appeals, under letters patent, seek to challenge the common judgment and order dated 9th November, 2001 passed by a learned Single Judge dismissing the three writ petitions filed by the three appellants.(i) The appellant in Letters Patent Appeal No. 280 of 2001 is the Chief Promoter of a Sugar Co-operative named as 'Mahatma Basweshwar Sahakari Sakhar Karkhana Ltd. (Proposed)' which intends to set up a sugar factory at village Mal Kavatha, Taluka South Solapur of District Solapur. The appellant is a member of the Maharashtra Legislative Assembly. A writ petition bearing Writ Petition No. 4631 of 2001 was filed by him which is rejected by the above common order.(ii) The appellant in Letters Patent Appeal No. 30 of 2002 is an existing Suga...
Tag this Judgment!Shankar Pandurang Kaldhone and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Feb-28-2002
Reported in: II(2002)DMC292
D.G. Deshpande, J.1. Heard learned Advocate for the appellants and learned APP for the State.2. All the four accused have been convicted by the IIIrd Additional Sessions Judge, Sangli by his judgment dated 17.9.1991 for the offences under Sections 306 and 498-A of the Indian Penal Code. They have been sentenced to suffer R.I. for five years and fine under Section 306 of the Indian Penal Code and to suffer R.I. for three years and fine under Section 498-A of the Indian Penal Code.3. Two girls Laxmi and Sharada, who were daughters-in-law of accused Nos. 3 and 4 and wives of accused Nos. 1 and 2 respectively, committed suicide on the same day by drowning themselves into the well. Laxmi and Sharada were married on the same day to accused No. 1 Shankar and accused No. 2 Rajaram respectively. Within fifteen months they committed suicide because of torture and demand of Rs. 20,000/-. This is the prosecution case.4. The prosecution examined Hirabai - the mother of Laxmi as P.W. 1, Navsherkhan ...
Tag this Judgment!Jindal Aromatics Vs. Commissioner of Customs, Mumbai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-27-2002
Reported in: (2002)(143)ELT363Tri(Mum.)bai
1. Appeal taken up tor disposal, with the consent of both sides, after waiving deposit.2. The order of the Commissioner impugned in this appeal, demands duty on goods imported by the appellant on the ground that the benefit of Notification 203/92 would not be available to it for the reason that Modvat credit was availed of in the manufacture of exported products.He has also imposed a penalty.3. The representative of the appellant submits that, subsequent to the proceedings before the Commissioner, it has received evidence in the form of a certificate from the jurisdictional Central Excise Authorities to the effect that Modvat credit was not availed of in the manufacture of the exported products.4. We note that the appellant did not raise this contention in the reply to the notice or appeared before the Commissioner, for reasons that are not clear. We are therefore of the view that the evidence that is now produced should be considered by the Commissioner.5. The appeal is accordingly a...
Tag this Judgment!Ramnord Research Laboratories Vs. Commr. of C. Ex., Mumbai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-27-2002
Reported in: (2002)(82)ECC115
1. Application has been filed for waiver of deposit of duty of Rs. 1,28,663/- and penalty of equal amount imposed under Section 11AC of the Central Excise Act read with Rule 173Q of the Central Excise Rules.2. The facts of the case are the appellant is dealing with processing of cinematographic films. When the negative print comes for processing, it passes through various chambers/stages viz. colour developer, stop, wash, bleach, fixer, stabilizer etc. The chambers contain chemical solutions of various chemicals which are manufactured by mixing various chemicals and classified as "chemical preparations for photographic uses" falling under Chapter sub-heading 3706.00 upto 1987 and afterwards under sub-heading 3707 of the first Schedule to the Central Excise Tariff Act. The films are coated with emulsion of photosensitive materials namely silver halides which dissolve in the chemical solution used in fixer stage during the processing. From this solution silver residue is separated by th...
Tag this Judgment!Sterlite Industries (India) Ltd. Vs. Commr. of C. Ex. and Cus., Surat- ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-27-2002
Reported in: (2002)(143)ELT682Tri(Mum.)bai
2. In these cases, the assessee manufactured copper rods. The goods weighting 8816 kg. valued at Rs. 8,68,377/- were manufactured from 18-3-1999 to 26-3-1999. On these goods being sold, they were being transported on 26-3-1999. It appears that even though invoice refers to debit entry in RG 23A Part II, the same was not effected in the statutory register. It would appear the person in-charge of the same Mr. K.A.K.V. Rao was on sick leave on the concerned day. It transpires that he has intimated the same to the office. The fact remains that the relevant statutory records were not properly completed regarding clearance of the goods represented by invoice Nos. 2025 to 2040, 2041, 2042 to 2046, dated 26-3-1999. On intelligence of the department, goods were inspected and seized. The proceedings were initiated and the assessee as well as the other appellants were charged with violation of Rule 173Q, Section 11AC and 209A. After hearing the parties and considering the replies, the Commission...
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