Mumbai Court March 2002 Judgments
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Climax Synthetics (P) Ltd. Vs. Commissioner of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-08-2002
Reported in: (2003)(155)ELT270Tri(Mum.)bai
1. In the order impugned in this appeal, the Commissioner has held that the appellant was not liable to pay duty on polyethylene films that it manufactured and cleared without payment of duty during the period from January 1979 to May 1982 for the reason that a Notification 208/84, dated 16-10-1984 issued under Section 11C of the Act, having found that there was a general practice for not paying duty on these goods during that time, exempted them from payment of duty. He has however proceeded to confiscate some of the polyethylene films which was found and seized during the search and imposed penalty under Rule 173Q. Once the Commissioner concluded that no duty was payable because of the existence of the exemption notification, there has been no evasion of duty. That being the case, there is no basis for the penalty or confiscation of the goods on this ground. Since the Commissioner does not offer any ground for confiscation, his order adjudging this, will have to be set aside....
Jaldoot Materials Handlings (P) Vs. Commr. of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-08-2002
Reported in: (2002)LC814Tri(Mum.)bai
1. The question for consideration in this appeal is the classification of the goods manufactured by the appellant, described as hand pallet trucks. The article consists essentially of two parallel prongs fitted together a frame (sic) such as shape and size as to fit into the slots of a pallet. The structure has wheels by which it can be moved and steered, attached to the frame and the wheel is a rod of hydraulic arrangement which prompts the prongs to be raised at lower to different kinds. We were told that depending on the model of the trucks, this could have been driven anywhere between 15 cm to a metre. The prongs are raised so that they can fit into the slots of the pallet which will then raise upon them. The operator then thereupon pushes the article with the pallet to the desired location. The article is used for carrying loads in this manner in the factory, warehouses etc.2. The manufacturer had claimed classification of these goods under Heading 84.28. The department was of th...
Leader Electricals Pvt. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-08-2002
Reported in: (2002)(146)ELT185Tri(Mum.)bai
1. This application seeks waiver of pre-deposit of duty of Rs. 1,21,012/- and penalty of Rs. 5 lakhs.2. The dispute is as to classification of product described as "electric ballast with housing for compact fluorescent lamps". The classification claimed by the importers under CTA 8504.10 is sought to be supported by reference to the invoice as also the test conducted on a sample by the Regional Testing Centre run by the Ministry of Industry of the Government of India. The test report refers to IS 13021 which speaks of specification for ac supplied electronic ballast for tubular fluorescent lamps. The Commissioner (Appeals) upheld the classification made under 9405.40 as lighting, fittings on the observation that the goods were merely not ballast but a composite article with a lamp holder which could be termed as electrical fittings. According to him it has a lighting feature incorporating a ballast. As the duty confirmed is the differential duty by adopting a different classification ...
Sarangappa S/O Siddheshwarappa Swami, Aged 22 Years, Occ: Student, R/O ...
Court: Mumbai
Decided on: Mar-08-2002
Reported in: 2002(3)ALLMR871; 2002(5)BomCR588; (2002)3BOMLR793; 2002(3)MhLj290
D.G. Karnik, J.1. Rule, returnable forthwith. The learned A.G.P.appears and waives service on behalf of the RespondentsNo.1 to 3. The learned Counsel for the petitionercraves leave to delete the Respondent No.4. Leavegranted. As all other Respondents appeared and waivedthe service, petition is taken up for final hearing withconsent. 2. The petitioner claims to be belonging to 'MalaJangam', which is declared as Scheduled Caste in thePresidential Order issued in the year 1950. Thepetitioner obtained admission to D.Ed. Course inDistrict Education & Training Institute, Nanded,claiming the benefit of 'Mala Jangam' - scheduled caste.The caste certificate issued by him was sent to theScrutiny Committee (Respondent No.2 herein) forverification. The Scrutiny Committee, by its orderdated 2nd October, 2001, invalidated the castecertificate. Prior to the order, the Respondent No.2had called for the report of the vigilance cell. Copyof the report of the vigilance cell is produced atExhibit-C to the...
Y.P. Sarabhai Vs. Union Bank of India and anr.
Court: Mumbai
Decided on: Mar-08-2002
Reported in: 2002(3)ALLMR43; 2002(4)BomCR715; (2002)3BOMLR583; (2002)IIILLJ435Bom; 2002(2)MhLj882
R.M. Lodha, J. 1. By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks to impugn the order dated 4th September, 1998 passed by the Disciplinary Authority dismissing him from the service of the first respondent-bank and the order dated 16th February, 1998 passed by the Appellate Authority affirming the order of dismissal passed by the Disciplinary Authority.2. The petitioner joined Union Bank of India-first respondent (for short 'the Bank') initially as a security officer in the Junior Management Cadre on 7th May, 1980. On 1st April, 1985 the petitioner was promoted as a Deputy Manager (Security). Thereafter the petitioner was given an ad hoc promotion in Middle Management Grade, Scale-Ill in the Zonal Office, Mumbai. By order dated 26-5-1997 the petitioner was transferred from Mumbai to Chennai- The said order of transfer was served upon the petitioner on 3-6-1997. According to the Bank instead of carrying out the order of transfer, ...
Rajendra B. Nair Vs. Suresh D. DyanmoThe and anr.
Court: Mumbai
Decided on: Mar-08-2002
Reported in: AIR2002Bom382; 2002(6)BomCR427; (2002)3BOMLR766; 2002(4)MhLj93
ORDERD.Y. Chandrachud, J.1. The Applicant is the owner of certain premises bearing Flat N. 10, situated at Perystar Co-operative Society, Eksar Road, Borlvali (West), Mumbai-400 092. An agreement of Leave and Licence was entered into between the applicant and the respondent on 10th July 1991. The Leave and Licence agreement was for a term of 11 months commencing from 10th July 1991 and was to expire on 10th June 1992. Under the terms of the licence, it was provided that the licensee shall pay a sum of Rs. 11,000/-to the licensor as and by way of security deposit. The monthly licence fee, it was agreed, would be Rs. 1,000/- which would be adjusted from the security deposit. Clause 10 of the Deed of Licence provided that the possession of the Licensee shall be non-exclusive and only temporary in nature and clause 14 stipulated that the licence would not create any tenancy or such other right in the licensee over the premises.2. Subsequently, a second agreement of Leave and Licence was en...
The State of Maharashtra and anr. Vs. Ishwar Piraji Kalpatri
Court: Mumbai
Decided on: Mar-08-2002
Reported in: 2002(6)BomCR239
R.M.S. Khandeparkar, J.1. Heard the advocate for the appellant and the respondent in person. Perused the record.2. This appeal arises from judgment and order dated 27th October, 1999 passed thelearned Chief Judge of the Court of Small Causes at Bombay. The facts in brief relevant for the decision are that pursuant to F.I.R. being lodged of criminal misconduct by the respondent, who was then working as Asstt. Commissioner in Greater Bombay, the Home Department of Maharashtra Government by an order dated 28th August, 1998 authorised the appellant No. 2 herein to move for an attachment of the property of the respondent in terms of Section 3(1} of Criminal Law Amendment Ordinance, 1944 hereinafter called as 'the said Ordinance'. Pursuant thereto, an application dated 24-4-1989 came to be filed before the learned Chief Judge, Small Causes Court at Bombay and an order of interim attachment came to be passed on the very day i.e. 28th April, 1989 in terms of prayer clause under Section 4(1) of...
Ramruch Pande and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-08-2002
Reported in: [2002(94)FLR961]; (2002)IIILLJ600Bom
R.M. Lodha, J. 1. Heard Mr. Pai, learned counsel for the petitioners and Mr. Gadkari, learned counsel for respondent No. 3.2. The petitioners seek the direction to the State Government to refer the Industrial Dispute between the respondent No. 3 viz. Rashtriya Metal Industries, Mumbai and the present petitioners. They are aggrieved by the order dated March 6, 1987 whereby the State Government has rejected the prayer made by the Union for reference of industrial dispute under Sub-section (5) of Section 12 of the Industrial Disputes Act on the ground that union has not substantiated its demand.3. Mr. Pai, learned counsel for the petitioners submitted that the order dated March 6, 1987 is illegal as it was not open to the appropriate Government to go into the merits of the demand while considering the question whether industrial dispute deserves to be referred under Section 12(5) of the Industrial Disputes Act. In support of his contention Mr. Pai relies upon the judgment of the Apex Cour...
Bajaj Tempo Ltd. Vs. Bhartiya Kamgar Sena and anr.
Court: Mumbai
Decided on: Mar-08-2002
Reported in: [2002(94)FLR96]; (2002)IILLJ1134Bom
ORDERR.J. Kochar, J.1. The petitioner company is aggrieved by the impugned order dated February 15, 1994 passed by the Industrial Court, Pune in Complaint ULP No. 45/1994 filed by the respondent union for a declaration that the petitioner company had engaged in unfair labour practice within the meaning of Item 9 of Schedule IV of the MRTU and PULP Act, 1971 (for short the Act), by shifting the weekly off which fell on January 27, 1994 i.e. Thursdayto January 26, 1994 i.e. Wednesday (Republic Day) by its notice dated January 5, 1994. According to the respondent union, the petitioner company had engaged in unfair labour practice under the Item 9 of Schedule IV of the Act by changing the service conditions unilaterally by changing the weekly off from January 27 to January 26, 1994 without complying with the provisions of Section 9-A of the Industrial Disputes Act, 1947. The respondent union, therefore, defied the noticedated January 5, 1994 requiring the employees to report for work on Ja...
Special Land Acquisition Officer Mhada,
Court: Mumbai
Decided on: Mar-08-2002
Reported in: 2002(3)BomCR431
A.M. Khanwilkar, J.1. This is a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) which has been made by the Special Land Acquisition Officer, MHADA, Mumbai for determination of the amount of compensation since the claimants are not satisfied with the amount of compensation awarded by him. 2. The property acquired is the land of the entire first floor admeasuring 265.19 sq. mtrs. i.e. 2853-50 sq.ft. of building known as Nur Baug, Dongri situated at Babulal Tank Road, bearing Land Survey No. 2023, of Mandavi Division for the Rationing Office for the facilities of the citizens of Mumbai city. This property belongs to the trust Noor Baug Charitable Trust having their office at 2 Rehman Mansion, 44 Shahid Bhagatsing Road, Mumbai 400 039. The property consists of ground plus upper floor. A Notification No. LAQ/AWKP/4 dated 24-12-1992 was issued by the Special Land Acquisition Officer under section 4 of the Act for acquiring 2000 sq.ft. of...
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