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Case Laws
Showing 81 to 100 of 295 Records
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1992 (9) TMI 287 - HIGH COURT OF KARNATAKA
Oppression and Mismanagement, Circumstances in which a company may be wound up, Company when deemed unable to pay its debts
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1992 (9) TMI 286 - HIGH COURT OF BOMBAY
Removal of director, Government company ... ... ... ... ..... facts and circumstances of the case, there is no reason to interfere with the impugned order at removal as well as the impugned notification in favour of respondent No. 3 under article 226 of the Constitution. A word of caution, however, is warranted. It is true that the Government has absolute discretion to re-call its nominee as a majority shareholder in Government companies but that discretion must be exercised based on adequate material. While drafting the orders of removal, the Government should be very careful. In cases where the Government intends to revoke the contract and not to remove its nominee by way of punishment, the Government s order of removal should be very precise and it should not create an apprehension in the public mind that the order of removal was on account of misconduct/irregularities committed by the person concerned. In the circumstances, there is no merit in the writ petition. The writ petition fails. Rule is discharged with no order as to costs.
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1992 (9) TMI 272 - HIGH COURT OF KARNATAKA
Shares warrants and entries in register of members, Transfer to shares – Power to refuse registration and appeal against refusal, Powers of Court to rectify register of members
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1992 (9) TMI 271 - HIGH COURT OF BOMBAY
Amalgamation ... ... ... ... ..... mpanies Act to take appropriate action including the revocation of the licence. Once I come to this position, I find no difficulty in sanctioning the scheme as prayed for. The transferee company is directed to file an undertaking that it shall carry on its activities strictly in accordance with the terms of its own memorandum of association. In addition to this I would say that there is no point in denying sanction in this case as on similar objections the scheme for amalgamation of the four other companies with the transferee company has already been sanctioned by a co-ordinate court at Bombay and it will not be in consonance that this court should frustrate the scheme in relation to one company, namely, Messrs. Walvis Flour Mills Company Private Limited, merely because the present petition had to be filed in Goa where that company has its registered office. This being so, the petition is allowed and the rule accordingly made absolute with costs of Rs. 300 to the Department.
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1992 (9) TMI 270 - HIGH COURT OF DELHI
Circumstances in which a company may be wound up ... ... ... ... ..... s, the respondent has not explained as to in what manner its defence in the criminal proceedings will be embarrassed and what prejudice will be caused in case these proceedings continue and are not stayed. Only vague averments have been made in the application. In Star Payer Mills Ltd. v. Behari Lal Madanlal Jaipuria Ltd., AIR 1990 Delhi 241, I have held that it is not necessary to always stay proceedings in a civil action and whether the proceedings in a civil action should be stayed or parallel proceedings, both civil and criminal, may continue depend upon the facts and circumstances of each case. There is no legal bar to the continuance of civil and criminal proceedings simultaneously. Having regard to all the fuels and circumstances of the case, I have no hesitation in coming to the conclusion that the present application is misconceived and has been filed with a view to delay these proceedings. The application is accordingly dismissed with costs. Counsel s fee Rs. 1,500.
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1992 (9) TMI 269 - HIGH COURT OF PUNJAB AND HARYANA
Winding up – Overriding preferential payments ... ... ... ... ..... d the remedy cannot be availed of by the secured creditor. This judgment cannot come to the rescue of the respondents and they shall be liable to share the running expenses that may be required to preserve the property. For the reasons recorded above, it is ordered that all the respondents would contribute proportionate to their credit the expenses towards salaries of the watch and ward staff which is stated to be Rs. 12,763.85 per month as also Rs. 10,000 which are required to defray the day-to-day petty expenses connected with the liquidation proceedings of the company. The petitioner would work out the proportionate liability and would convey the same to the respondents within a week from today. It is from the said date that they will pay the amount proportionately with effect from November 29, 1991. The arrears as may be due shall be paid within a month from the date of receipt of the calculations made by the petitioner and thereafter on or before the 10th of every month.
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1992 (9) TMI 245 - CEGAT, BOMBAY
Customs House Agent - Revocation of licence ... ... ... ... ..... tent, which might call for a remand on that ground. But we are to take note of the fact that there is no allegation of misconduct on the part of be appellants in their dealing with the Bombay Customs House. The appellant are reportedly having a record for 30 years as C.H.A in Bombay Customs House without any such fault. Hence, even if we agree that order of revocation at Bombay can be justified, for the reasons stated elsewhere, and also, that the period for which the licence has stood revoked could be sufficient, the case calls for leniency in punishment. In this view of the matter only we order restoration of the licence at Bombay treating the period already lapsed or sufficient, within one month from the date of communication of this order, on a warning to the appellants that such lapses on their part, whether at Bombay or anywhere else where they hold the licence, would render the licence liable for revocation for ever. Both the appeals are disposed of in the above terms.
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1992 (9) TMI 240 - CEGAT, NEW DELH
Classification ... ... ... ... ..... trical machinery, apparatus or installations and the insulated cable which may be of single strand or multiple strand and may be wholly of one metal or of different metals (in this case the cables are made up of more than one strand of different metals). The Heading also includes insulated strips generally used in control equipment. In view of the above we are of the view that the disputed item is to be classified under Heading 85.44 and not as a part or accessory of a pyrometer under Heading 90.33. The test reports and Tariff Advice cited by the learned Consultant are not applicable as they relate to classification under TI 33B of the Schedule to the erstwhile Central Excise Tariff which covered electrical wires and cables all sorts not elsewhere specified while Heading 85.44 of the CETA, 1985 is a broader Heading which will cover the insulated cable for temperature control equipment. 8. In the light of the above discussion we uphold the impugned order and reject the appeal.
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1992 (9) TMI 239 - CEGAT, CALCUTTA
Stay/Dispensation of pre-deposit ... ... ... ... ..... ary company relationship had not been highlighted. This argument does not appear to be clinching the matter in favour of the department in view of other evidence and departmental decisions already referred to. We also take note of the fact that, for part of the period, the Collector had dropped the demand apparently satisfied that the longer period cannot be resorted to. We feel the reasons advanced by him for taking a different stand in respect of the subsequent period do not appear to be quite valid. In the circumstances, unconditional stay would be fully merited. We order accordingly. The department shall not take steps to recover the disputed amounts of duty and penalty during the pendency of the appeal. 4. Since the appeal pertains to a question of intetpretation of Notification 175/86 and the applicability of the exempted rate thereunder, the jurisdiction will be that of the Special Bench. The Registry is directed to transfer the appeal to CEGAT, New Delhi for disposal.
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1992 (9) TMI 238 - CEGAT, DELHI
Classification ... ... ... ... ..... tor, Ministry of Textile and Textile Commissioner and has concluded that the articles HDPE strips or tapes would fall under Heading 3920.32 and not under Heading 5406.90 and similarly HDPE sacks would fall under Heading 3923.90 and not under Heading 5406 of CET Act, 1985. In view of this ruling, there was no reason for the learned Collector (Appeals) to have not followed the ruling of the M.P. High Court as the same is having a binding effect in this matter. The evidence produced by the appellants has also been of similar nature as the one placed before the Hon rsquo ble M.P. High Court. There is no reason to differ from this ruling. The learned Collector rsquo s reasoning is not sustainable and is liable to be set aside. In the result, the appeals are allowed with consequential relief, if any. Following the ratio of the above two rulings, the appellants claim for classification under Heading 3923.90 has to be upheld. The appeals are allowed with consequential relief, if any.
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1992 (9) TMI 237 - CEGAT, NEW DELHI
Dutiability of packing of bought out items with own products ... ... ... ... ..... separate products was done outside the factory whereas packing of the two products is done within the factory but this in my view is not material to the question whether the process undertaken by the appellant is a process of manufacture or not. Hence I am of the view that no separate duty is leviable after adding the value of the bought out item i.e. the catalyst, as held by the lower authorities. 19. On question No. 3 before me, I agree with the Ld. Judicial Member that the impugned order was required to be set aside and the appeal was required to be allowed with consequential relief to the appellants. This being the position on merits, in my view I need not go into the question of time bar as held by the Ld. Vice President. Sd/- (P.C. Jain) Member (T) 20. In view of the majority opinion, the impugned order is set aside and the appeal is allowed with consequential relief to the appellants. 29-9-1992 Sd/- (S.K. Bhatnagar) Vice President Sd/- (Jyoti Balasundaram) Member (J)
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1992 (9) TMI 236 - CEGAT, NEW DELHI
Dutiability ... ... ... ... ..... sable goods at all and stated that this issue now stands settled by the Tribunal rsquo s decision in the case of Andhra Pradesh Paper Mills v. Collector of Central Excise, Guntur reported in 1992 (20) ETR 336. Learned Departmental Representative, Shri Jainarayanan Nair concurred with him while reiterating the Department rsquo s arguments in that case before the Tribunal to say that cinder is excisable goods. We have carefully considered the submissions made by both the parties and have perused the Tribunal decision (supra). The Tribunal in that case had followed its earlier decision in the case of M/s. H.M.M. Ltd. v. Collector of Central Excise in order No. E/46/91-D dated 23-1- 1991 and had concluded that cinder was not liable to duty under Item 68 C.E.T. till 1-3-1984. The ratio of the decision is fully applicable to the facts of the present case and applying it, we set aside the impugned order and allow the appeal. The Misc. application also stands disposed of accordingly.
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1992 (9) TMI 235 - CEGAT, NEW DELHI
... ...
... ... ..... 1992 (61) E.L.T. 352 (S.C.) (copy furnished), wherein the Supreme Court has clearly held that merely because the procedural requirement of following the Chapter X procedure in Central Excise Rules for the purposes of an exemption could not have been followed, it was not lawful to deny the exemption in the case of imported goods. Over-ruling the order of the Tribunal in that case, the Supreme Court observed that the Tribunal was in error in holding that the assessees could not get a refund because the procedure of Chapter X of the Rules is incapable of compliance by importers as such. The ratio of this decision squarely applies to the facts of the present case and applying it, we find no substance in the appeal which is accordingly dismissed as also the cross-objection filed by the respondents herein, which is not sustainable as the respondents are not aggrieved by any portion of the impugned order. The appeal and cross-objection are accordingly disposed of in the above terms.
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1992 (9) TMI 234 - CEGAT, NEW DELHI
... ...
... ... ..... ke Merck Index to show that L-Lysine and L-Lysine Mono Hydrochloride are two distinct chemicals, the latter being a salt derived from the former. In such a context, the opinion of the Chemical Examiner that the imported goods may be accepted as covered by the unamended Notification 40/89 cannot over-ride the intention of the amendment as stated by the authority issuing the amending Notification as contained in the Explanatory Note thereto. As has been observed by the Supreme Court in the case of Collector of Central Excise, Guntur v. Andhra Sugar - 1988 (38) E.L.T. 564 (S.C.) 1989 (19) ECC 46 (S.C.), it is a well-settled principle of interpretation that the Courts in construing statute will give much weight to the interpretation put upon it at the time of its enactment and since by those whose duty has been to construe, execute and apply the same enactment. In the result, there is no reason to interfere with the order passed by the Collector (Appeals). The appeal is rejected.
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1992 (9) TMI 233 - CEGAT, NEW DELHI
... ...
... ... ..... cessary that to be a worker, a person should do a manual work, viz., those who perform clerical duty, can be held to be a worker. The Bombay High Court in the decision cited by both the parties (supra), has also held that all the workers working in a factory premises have to be taken into consideration and in that case decided by the Bombay High Court, the High Court held that the number of workers engaged in the repair of battery in a physically separate premises cannot be added to the number of workers employed in the manufacture of batteries. It is not shown here whether the facts are similar as regards physical separation of the premises. In such a view of the matter, the number of workers engaged in the production of text-books and periodicals put together in the case of the respondents will exceed 50 and as such the order of the Collector (Appeals) holding the respondents eligible for exemption is not sustainable, and it is accordingly set aside, and the appeal allowed.
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1992 (9) TMI 232 - CEGAT, NEW DELHI
Manufacture ... ... ... ... ..... r sound recording will not lose its identity and in fact the same cassette tapes can be used number of times for recording and re-recording and it is not the intention of the legislature in levying duty each time when single tape is re-recorded. A reading of the order shows that the judgment of the Supreme Court referred to above has not been brought to their notice. 10. Further as far as the appellants rsquo product is concerned they are recording them on the blank cassettes, though they are recording the images already recorded, the recording is since done on a blank cassette. As pointed out earlier once the legislature specifically covers an item and makes that item dutiable, the process by which the said product is brought into existence amounts to manufacture. Therefore, the fact that the appellants are re-recording the images or sound already recorded on blank cassettes is irrelevant. 11. For the reasons mentioned above, there is no merit in the appeal and is dismissed.
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1992 (9) TMI 231 - CEGAT, NEW DELHI
Rate of duty ... ... ... ... ..... been available to the appellants. rdquo 5. We have carefully considered the pleas advanced by the learned DR for the Revenue. We are, however, not inclined to agree with the proposition in that the words ldquo entry for home consumption under Section 46 occurring in Section 15(1 )(a) would also qualify in our view the bill of entry mentioned in the latter part of Clause (a). In other words the bill of entry referred to in Clause (a) would mean bill of entry for home consumption. Since bill of entry for home consumption has admittedly been filed subsequent to the enforcement of the notification the respondents were entitled to the benefit of concessional rate of duty under the said notification. We are also impressed by the logic of the Collector as reproduced above. There would be no loss to the Revenue if the respondents had followed the method pointed out by the learned lower appellate authority. Accordingly we do not find any merit in the appeal. We, therefore, reject it.
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1992 (9) TMI 230 - CEGAT, MADRAS
... ...
... ... ..... hri D.S. Tekwani, at Singapore. There is nothing on record to indicate how Jayant Kumar Mandalia can give a general Power of Attorney on behalf of the Company. The Power has been signed by Jayant Kumar Mandalia in Singapore on 30th April 1992 whereas in the various appeal papers filed before the Tribunal, Shri D.S. Tekwani, as Power Agent has signed the papers on 13th April 1992. When this fact was brought to the notice of the learned Counsel Shri Satish Sunder on 3-9-1992, Shri Satish, Advocate sought for an adjournment and only in this context an adjournment was granted. The copy of the impugned order sent to the Shipping Company was returned with endorsement ldquo gone away, no such Co. rdquo and the Company also did not participate in the proceedings before the adjudicating authority. Therefore, in the facts and circumstances of the case, we hold that the appeal filed as such is not competent and maintainable nor in accordance with law. The appeal is therefore, dismissed.
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1992 (9) TMI 229 - CEGAT, MADRAS
... ...
... ... ..... ng for some work of Mammu Haji and that Mammu Haji and Mohammed had made enquiries with her about the whereabouts of Sasidharan. Therefore, in the face of the clinching evidence, as discussed above, we hold that the charges against Mammu Haji have been brought home and he is therefore liable to penalty. Taking into consideration the quantum of gold seized, and other circumstances of the case, we hold that a penalty of Rs. 2,50,000/- levied on him under Section 112 of the Customs Act, 1962 cannot be considered as excessive and we confirm the same in entirety. However, inasmuch as the same transaction has given rise to an offence under the Gold (Control) Act, 1968 and taking into consideration the repeal of the Gold (Control) Act, 1968, we hold that ends of justice would be met if the penalty under the Gold (Control) Act, 1968 is reduced to Rs. 25,000/- (Rupees Twenty five thousand) and we order accordingly. Except for the above modification the appeals are otherwise dismissed.
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1992 (9) TMI 228 - CEGAT, NEW DELHI
Appeal - Restoration thereof ... ... ... ... ..... as aforesaid, within the aforesaid time. rdquo 6. The contention of the learned SDR, Smt. Ananya Ray, that the appellants did not deposit the aforesaid amount nor furnish the undertaking within the given period and, therefore, the appeal was liable to be dismissed in terms of Section 129E of the Customs Act, 1962 is not required to be considered for the purpose of the present application for Restoration of Appeal which was admittedly dismissed for default of appearance under Rule 20 of the CEGAT (Procedure) Rules, 1982. In other words, non-compliance of the said Stay Order, as modified by the Hon rsquo ble High Court of Delhi, was not the ground for dismissing the appeal. Therefore, we do not think it necessary to express our opinion about it at this stage. The respondent would be free to raise this objection, if so advised, after the restoration of the appeal. 6. In the result, we set aside the Order No. 68/92-C dated 24-2-1992 and restore the appeal to its original number.
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