Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 14 of about 486 results (0.085 seconds)

Bussa Overseas and Properties Pvt. Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2004(2)BomCR123; 2003LC821(Bombay); 2003(158)ELT135(Bom)

..... amount paid on provisional assessment is not duty cannot be accepted, because without payment of duty, the goods are not allowed clearance under section 47 of the customs act. therefore, what is paid on provisional assessment is the provisional duty and what becomes refundable on final assessment is the differential duty ..... assessment order as well as the additional refund arising on modification of the final assessment order would be governed by explanation ii to section 27 of the customs act. therefore, there is no distinction between refund arising on finalisation of provisional assessment and refund arising after finalisation of provisional assessment and ..... filing a separate refund application. he submitted that any recoveries or refund consequent upon finalisation of the provisional assessment under section 18(2) are not governed by section 28 or section 27 of the customs act. 14. mr. desai, learned senior advocate appearing on behalf of the respondents, on the other hand submitted .....

Rajaram Bandekar Srigao Mines Pvt. Ltd. Vs. Stephen Fernandes and anr.

Court : Mumbai

Reported in : (2004)ILLJ514Bom

..... capacity and therefore not a workman. the industrial tribunal which was called upon to adjudicate the industrial dispute referred to it by the appropriate government under section 10(1) of the act had perfect jurisdiction to decide ail the issues raised before the tribunal. with respect to the learned single judge, we fail to understand how it can ..... and documentary evidence on the basis of which the tribunal concluded that the workman in the reference was not in fact a workman as defined under section 2(s) of the act and therefore the reference was bad in law as there was no industrial dispute between the employer and workman as contemplated by the provisions of the ..... by the impugned order, quashed and set aside the aforesaid award of the tribunal and held and declared that the original petitioner was a workman under section 2(s) of the act and remanded the matter to the tribunal for trial on merits.2. the grievance of the petitioner in the reference was that he was unlawfully terminated .....

Sadashiv K. Sutar Vs. Kolhapur Zilla Janata Sahakari Bank Ltd. and anr ...

Court : Mumbai

Reported in : 2004(2)ALLMR115; 2004(2)BomCR111

..... should not have confined the compensation for termination of employment to a maximum of average pay for three months under the proviso to sub-section (1) of section 25-fff of the industrial disputes act. the contention is that the winding up of the bank was not due to unavoidable circumstances beyond the control of the directors, because ..... in council v. shriomani sugar mills limited, reported in a.i.r. 1946(33) f c 16, and after taking note of the provisions of section 171 of the companies act, 1913, wherein similar provision is to be found with the expression 'other legal proceedings' and which was the subject matter of interpretation in the said shriomani ..... the impugned order contending that the action on the part of the bank is in violation of the provisions of the industrial disputes act, 1947, hereinafter called as 'the i.d. act', and more particularly section 25-f, the liquidator of the said bank in writ petition no. 2046 of 2003 has challenged the impugned judgment and award .....

Daimler Chrysler India Pvt. Ltd. Vs. the Union of India, Joint Secreta ...

Court : Mumbai

Reported in : 2004(1)ALLMR594; 2004(175)ELT72(Bom); 2004(1)MhLj813

..... built imported car, during the course of study and research, amounts to use of a car after importation thereof into india as contemplated under section 74(2) of the customs act, 1962 ('act' for short)contextual facts: 3. for the resolution of the above question, it is necessary to consider contextual facts.the contextual facts ..... covered under the provisions of section 74(2) of the act. he placed reliance on decision in the case of millipore (india) private limited v. union of india : 1999ecr465(karnataka) , wherein the karnataka high ..... per contra: 12. in a persuasive address by shri rana, learned senior counsel for the revenue, submitted that the 'use' after importation contemplated under section 74(2) of the act, does not mean use for commercial activity only. according to him, use for short period for demonstration, exhibition or study, research or display is .....

Abdul Shakur Umar Sahigara and Co. Vs. Regional Director, Employees St ...

Court : Mumbai

Reported in : [2004(101)FLR1126]; (2004)ILLJ921Bom; 2004(2)MhLj441

..... other matters in relation thereto.15. in order to determine the issues involved herein, basically, one has to turn to the provisions of section 45a and section 82 of the act. the said section 45a reads as under:'determination of contributions in certain cases:- (1) where in respect of a factory or establishment no returns, particulars, ..... indicated.7. the appellant, in order to challenge the order dated june 2, 1983 passed by the assistant regional director under section 45 of the act, preferred an application under section 75 of the act before the e.i. court, with a prayer to set aside the order dated june 2, 1983 passed by the assistant ..... coverage against the appellant.the issues:13. after hearing parties following issues arise for consideration:(1) whether the order appealed against is open to challenge under section 82 of the act. in other words, whether order dated october 18, 1994 is an appealable order?(2) whether appeal raises any substantial question of law?statutory scheme14. .....

Commissioner of Customs (import) Vs. Shri Gangaram P. Kerkar

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... singh being the co-conspirators in the said drawback fraud. on account of the violations/liabilities of the said car to confiscation under the provisions of section 111 (d) and 111 (m) of the customs act, 1962 were invoked by way of show cause notice wherein penal liabilities of shri. aditya singh and g.p. kertkar were also invoked under the provisions ..... of section 112 of customs act 1962." 4. shri. s.n. kantawala, ld. advocate appeared on behalf of the respondent. he reiterated the order passed by the commissioner. he also drew my attention to para 3 .....

Nivrutti Gangaram Pawar, Since Deceased, Through His Heirs and Lrs Pra ...

Court : Mumbai

Reported in : 2004(2)ALLMR193; 2004(2)MhLj674

..... parties to the twin requirement under section 88-c of the act. whereas, the certificate under section 88-c of the act is issued in favour of landlord who has qualified the requirement as obtained on 1st april 1957, and that position ..... the apex court has clearly held that once the certificated landlord issues notice terminating the tenancy and proceeds to file application for possession under section 33-b read with section 29 of the act, the exemption certificate gets exhausted. once the exemption certificate gets exhausted, there would be no occasion for the authorities to relegate the ..... possession on the basis of such certificate, then, the right of the landlord gets crystallised and the exemption certificate issued in his favour under section 88-c of the act gets exhausted. this position is enunciated by the apex court in recent decision in the case of moreshwar balkrishna pandare and ors. v. vithal .....

Computility Computers Systems Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(158)ELT462Tri(Mum.)bai

..... collector has erred in considering the invoices in the case of imports made by bank of america from bank of america, hongkong, as evidence, for valuation under section 14 of the customs act. these invoices are not for comparable goods, as system, sold by ibm world trade corporation, hongkong to bank of america, hongkong, who have sent the ..... sale invoice would include local profits levies including opportunity costs and would not indicate inter national export trade prices. the submissions of the appellants that section 14(1)(a) of the customs act stipulates valuation of the imported goods shall be deemed to be the price at which said or like goods are ordinarily sold or offered for ..... initiated by the collector of customs.after considering the materials on record the confiscation of the goods imported in this case under the provisions of section 111(d) and (m) of the customs act, 1962 was ordered along with an option to clear the goods on payment of a fine of rs. 6 lakhs from one month of .....

Tanojkumar B. Chatterji Vs. Solapur Municipal Corporation Established ...

Court : Mumbai

Reported in : 2004(1)ALLMR611; 2004(4)BomCR957

..... the course of cross-examination of the petitioner and of the witness of the respondent. the petitioner was not a workman within the meaning of section 2(s) of the industrial disputes act, 1947.9. the petitioner relied upon a judgment of the delhi high court in madan mohan marwaha v. mgmt. of delhi cloth and ..... being rendered by the petitioner was of a technical nature. moreover, it was submitted that his work was being supervised by the public health engineer.4. section 2(s) of the industrial disputes act, 1947 defines the expression 'workman' to mean any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or ..... managerial nature. in so far as the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, is concerned, the expression 'employee' is defined by section 3(5) to mean inter alia, a workman as defined in section 2(s) of the industrial disputes ct, 1947. therefore, if the petitioner is not a workman .....

Ceat Limited Vs. Dayaram Kishorelal Yadav and anr.

Court : Mumbai

Reported in : 2004(1)ALLMR615; 2004(1)BomCR521; [2004(101)FLR717]; 2004(2)MhLj523

..... that it had closed down its churchgate division. as already held, it was illegal as it was in contravention of the provisions of section 25(0) of the industrial disputes act.' apparently, it was in totally different set of facts and on account of contravention of statutory provisions, that the closure was held ..... completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman. sub-section (2) thereof empowers to raise dispute before the labour court constituted under the industrial disputes act, 1947, in case there is any lapse on the part of the employer in the matter of payment ..... , the power to suspend the employees is available with the employer. simultaneously, section 10a of the industrial employment (standing orders) act, 1946 ensures the payment of subsistence allowance to the employees during the period of suspension. sub-section (1) of section 10a thereof provides that where any workman is suspended by the employer pending the .....