Mumbai Court September 2002 Judgments
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Appanna Bala Koregave Since Deceased Through Lrs. Smt. Chandrabai Appa ...
Court: Mumbai
Decided on: Sep-24-2002
Reported in: 2003(2)ALLMR276; 2003(2)BomCR355; 2003(1)MhLj366
A.M. Khanwilkar, J.1. This writ petition, under Article 227 of the Constitution of India, takes exception to the order passed by the Civil Judge, J.D., Wadgaon dated 9th February 1990 below Exh. 171 in RCS No. 158 of 1983. The respondents filed above numbered suit for declaration and possession of the suit land on the basis of title bearing RS No. 244 Hissa No. 8, 9, 3 and 5 totally admeasuring OH 76 Ares situated at Village Here, Taluka Hatkangale, District Kolhapur. That suit was filed on 18-4-1983. After the suit summons was served upon the petitioner, the petitioner filed written statement dated 3-1-1984. What is relevant to note is the plea specifically taken in para 13 of the written statement, which reads thus:--^^e;r caMw ckyk dksjsxkao ;kapsdMwu nkok feydrhps iz- oknhps d:u ?ksrysys [kjsnh i= gs ;ksX; o dk;ns'khj validvlY;keqys oknhapk nkok feydr e;s vlysyk csdk;ns'khj o (Tresspasser)Lo:ikpk dCtk iz- oknhl nsofo.ksckcr o oknhuh nkok feydrh xSj gDdkus ocsdk;ns'khji.ks okijY;keq...
Videocon International Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Sep-24-2002
Reported in: 2003(155)ELT25(Bom)
J.P. Devadhar, J.1. Heard the learned Counsel for the petitioners. It is not in dispute that the period for warehousing the imported goods prescribed under Section 61 of the Customs Act, 1962 ('Act' for short) has already expired in respect of some consignments in the month of June, 2000 and in respect of some in the month of March, 2001.2. The learned Counsel appearing for the petitioners relying on the definition of the word 'warehouse' and 'warehoused goods' defined under Sub-sections (43) and (44) of Section 2 of the Act contended that the said definitions, if taken into account in the light of meaning assigned to them in the backdrop of the provisions of Section 69 of the Act, then the 'warehoused goods' would be continued to be 'warehoused goods' even after the expiry of the period prescribed under Section 61 of the Act and, therefore, can be permitted for export. As such learned Counsel for the petitioners submitted that the request made by the petitioner seeking to re-export th...
Sumer Investments and Finance Company Vs. Parasrampuria Industries Ltd ...
Court: Mumbai
Decided on: Sep-24-2002
Reported in: [2003(96)FLR277]; (2003)ILLJ435Bom
R.J. Kochar, J.1. The plaintiffs have prayed for a decree against the defendants in both the above suits as stated in their respective prayer clauses and details given in the particulars of claim respectively.2. On receipt of the writ of summons, the defendants have entered their appearance to contest the suits. The plaintiffs, thereafter, filed the present summons for judgment in both the above suits. The plaintiffs have filed affidavits in support of the summons for judgments verifying the contents of the plaint. According to the plaintiffs, the suit claims are based on bill of exchange and the amounts are to be liquidated and ascertained amount and that the defendants have no defence of whatsoever nature. The plaintiffs have, therefore, prayed for the decree.3. The defendants have filed affidavits-in-reply to oppose the summons for judgment in the suits. The main contention of the defendants is the shield under Section 22 of the Sick Industrial Companies (Special Provisions) Act (fo...
Star India Private Limited Vs. Leo Burnett (India) Private Limited
Court: Mumbai
Decided on: Sep-24-2002
Reported in: 2003(2)BomCR655; 2003(27)PTC81(Bom)
F.I. Rebello, J.1. Plaintiffs carry on business of acquiring copyrights in cinematographic films television serials, programmes etc., and also produce and commission production of television programmes for various television channels. The programmes so acquired or produced or commissioned, according to the plaintiffs, enjoy tremendous popularity amongst television viewers in India as also abroad. The plaintiffs entered into an Agreement dated 9th April, 2000 with Balaji Telefilms Pvt. Ltd., (Balaji) in order to create, compose and produce 262 episodes of a television serial entitled 'KYUN KI SAAS BHI KABHI BAHU THI'.The terms and conditions of that serial are as set out in the Agreement. Reliance is placed on Class 6 of the Agreement, based on which it is contended that the plaintiffs are now the owners of the copyright of the episodes in the serial so far filmed. Since 9th April, 2000, Balaji has produced episodes of the serial 'KYUN KI SAAS BHI KABHI BAHU THI'. Full consideration has...
Nilkanth Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-24-2002
Reported in: 2003BomCR(Cri)752; II(2003)DMC539
P.S. Brahme, J.1. This is an appeal by original accused Nilkanth Doma Madavi in Sessions Trial No. 97/1996 challenging the judgment and order dated 29th November, 1997 passed by the Additional Sessions Judge, Bhandara (Shri S.S. Sawargaonkar) convicting the appellant of the offence Under Section 302 of the Indian Penal Code for committing murder of his-wife Anusayabai and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default, to suffer further R.L for nine months.2. The incident which gives rise to the prosecution against the appellant took place on 3rd May of 1996 at Chirchali (Mokshi), Talka Sadak Arjuni, District Bhandara which comes within the jurisdiction of Police Station Duggipar. The appellant and his wife deceased Anusayabai were residing in the house. Witness Shivdayal Pande (P.W. 3) who is resident of village of the accused, on 3rd May, 1996 came to know from Atmaram Gaidhane and Shanker Meshram that the victim Anusayabai was murdered. He,...
indo Nippon Chemical Co. Ltd. Vs. Uoi and ors.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-23-2002
Reported in: (2003)(106)LC246Tri(Mum.)bai
1. Heard learned Counsel appearing for the Petitioners. The Petitioner is seeking interest on the delayed payment of refund made by the Revenue. The amount of refund has already been received by the Petitioner even before filing of this petition. The petition is for grant of simplicitor relief of interest on delayed payment.2. The learned Counsel appearing for the Petitioner relied upon number of Judgments of the Apex Court, one of such latest case is of U.P.Pollution Control Board v. Kanoria Industries Limited . He also relied upon the Division Bench Judgment of this Court in the case of Nelco Limited v. Union of India including the judgment of this Bench delivered in the case of Shri Balaji Industries v. Union of India , in support of his prayer and prayed that the petition needs consideration.3. In all these cases, nowhere it is to be found that the petition seeking simplicitor relief of claiming interest should be entertained or needs to be entertained. On the contrary all the jud...
Sudhakar Waman Chavan and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-23-2002
Reported in: 2003(1)ALLMR527; 2003(4)BomCR239; 2003(1)MhLj631
A. P. Shah, J. 1. Rule. Respondents waive service. By consent petitions are taken for final hearing.2. These writ petitions under Article 226 can be conveniently disposed of by a common order since they all pertain to elections to the Ward Committees of Thane Municipal Corporation under Section 29A of the Bombay Provincial Municipal Corporations Act, 1949, herein-after referred to as the 'Act'.3. By the Constitution 74th Amendment Act of 1992, Parliament introduced part 9A to the Constitution with the object to promote and strengthen the concept of self government at local level and decentralisation of power. Article 243-S provides for constitution of Wards Committees in all municipalities having population of more than three lacs. Pursuant to the mandate of Article 243-S, State Legislature has introduced Section 29A in the Act by Maharashtra Act 41 of 1994. Section 29A inter alia provides as follows :'29-A : Constitution of Wards Committees; 1) In every city, there shall be constitut...
Bhagawa Mahal Co-operative Housing Society Ltd. and ors. Vs. Assistant ...
Court: Mumbai
Decided on: Sep-23-2002
Reported in: 2003(2)ALLMR982; 2003(2)BomCR370
A.M. Khanwilkar, J.1. Not on Board, upon mentioning taken on Board.2. This writ petition takes exception to the order passed by the Appellate Authority refusing to grant stay in favour of the petitioners to the impugned order dated 17-8-2002 appointing Board of Administrators - respondent Nos. 2 and 3 herein.3. Mr. Pakale, learned Counsel for the petitioners contends that the order passed under section 77(A) read with 73H is without issuing notice to the members of the present Committee. He contends that, therefore, the Appellate Authority ought to have granted stay as prayed for and especially when it had admitted the appeal preferred by the petitioner.4. In the present case, it is not in dispute that the petitioner society was registered in the year 1999 and thereafter the present provisional committee was constituted on 19-3-2000. The impugned order dated 17-8-2002 has been passed appointing the Board of Administrators essentially on the basis that the statutory term of the present ...
Rencal Chemicals (i) Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-20-2002
Reported in: (2003)(159)ELT810Tri(Mum.)bai
2. The question for consideration in this appeal is whether invoices issued on 22-4-1994 by unregistered dealers were valid documents for taking Modvat credit under Rule 57A. In the order impugned in the appeal, the Commissioner (Appeals) has confirmed the view taken by the Assistant Commissioner that since these invoices did not show that in the absence of evidence that the dealers were authorised or appointed by the manufacturer, they were not valid document on which credit could be taken.3. In its decision in C.C.E. v. Uttam Ind. Engg. P. Ltd. - 1997 (89) E.L.T. 87, a single member of the Tribunal has held that in the absence of any requirement that the dealer who issued invoices must be appointed by the manufacturer, the credit can be denied on the ground that such authorisation was not shown, and that the person who sells excisable goods to wholesale dealer for purposes of trade or manufacture could be a dealer.4. It is to be noted that Notification 15/94, which permitted accepta...
Baron International Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-20-2002
Reported in: (2003)(155)ELT503Tri(Mum.)bai
1. By order passed on 22-4-2002, the Tribunal ordered deposit of a sum of Rs. 85 lakhs by Baron International Ltd. (BIL) towards duty demanded from it of Rs. 2.19 crores approx and a penalty imposed on it of Rs. 1 crore and Rs. 65 lakhs by J.R. Consumer Electronics Pvt. Ltd. (JRCE) towards the duty demanded of Rs. 2.86 crores and a penalty of Rs. 1.5 crores.2. The Tribunal did not find a prima facie case for these applicants on merits. The Tribunal passed its order, after considering the merits of the issue and claim of financial hardship that were made by both these applicants. It noted that the balance-sheet of BIL for the year ended 2001, while showing post tax loss for the year of around Rs. 7 crores, showed reserves of Rs. 101 crores, the net current assets stated to be Rs. 87 crores. It noted that the auditor had certified that it was not a BIFR company. The balance sheet of JRCE showed a profit of around Rs. 20.23 lakhs for the year ended 31-3-2001. It was seen to have cash and...
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