Mumbai Court January 1997 Judgments
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Madhav K. Kirtikar Vs. Bank of India
Court: Mumbai
Decided on: Jan-07-1997
Reported in: 1997(2)BomCR524; (1997)ILLJ1094Bom; 1997(2)MhLj559
ORDER1. This petition under Article 226 of the Constitution is filed by a retired Bank employee for the following reliefs :(i) to declare that the petitioner is entitled to the benefit of pension in accordance with the pension scheme framed by the Bank of India; (ii) to issue a writ of mandamus to strike down that part of the scheme which denies pensionary benefits to the employees who had retired voluntarily from service during the period August 1, 1986 to October 31, 1993, and (iii) to issue a writ of mandamus directing the respondent to forthwith extend the pensionary benefits to the petitioner. 2. The facts of the case are simple and may be shortly stated. In or about 1946 the petitioner joined the respondent-Bank of India which was then a limited company. He retired from the service on August 1, 1987. Many developments had taken place in the intervening period. What was till then a private Bank, became a nationalized Bank under the Banking Companies (Acquisition and Transfer of U...
Morarjee Goculdas Spg. and Wvg. Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-06-1997
Reported in: (1998)(98)ELT565Tri(Mum.)bai
1. The appellant imported a consignment of rubber blankets for use in rotary textile printing machine and claimed clearance of the goods tinder the provision of Open General Licence (OGL). This has been denied in the order impugned in the appeal on the ground that the goods are nothing other than conveyor belts, which is specified in Entry 139 of Appendix 3A of the Policy 1988-91 and therefore require a specific licence. Hence this appeal.2. The appellant had claimed before the Customs that the goods were specifically covered by the entry in the OGL Appendix 6, at list 8 Part I serial No. 518. This claim has not been accepted in the order impugned in the appeal on the ground that the rubber blankets were used for carrying fabrics, which were to be printed and that therefore they are conveyor belts. The Additional Collector also relied upon the decision of the term "rubber blankets" in the McGraw Hill Dictionary of Science and Technology as "rubber sheet used as a functional die in rub...
M/S. Earth Builders, Bombay Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jan-06-1997
Reported in: AIR1997Bom148; 1996(3)BomCR390; (1997)2BOMLR137
ORDER1. The petitioners seek a writ of mandamus to direct the State Government and the municipal authorities to enforce their powers under Rule 22(5) of the Development Control Rules, 1991 read with Section 291 of the Bombay Municipal Corporation Act, 1888 and the Circular dated 18th January, 1996 of the Bombay Municipal Corporation (BMC) and to provide petitioners' property an access through the adjoining property of respondent No. 4 viz. the consulate General of Islamic to State of Afghanistan over the portion of the land shown yellow hatched lines in the plan annexed as Ex. A to the writ petition by declaring that portion to be a public street. 2. An advertence, though brief, to the factual antecedents leading to this petitions is necessary to appreciate the controversy between the parties in proper perspective. The petitioners are a partnership firm carrying on business as builders and developers. Under a conveyance dated 6th September, 1994 the petitioners have purchased the prope...
BenjamIn Doming Cardoza Vs. Mrs. Gladys BenjamIn Cardoza
Court: Mumbai
Decided on: Jan-06-1997
Reported in: AIR1997Bom175; 1997(3)BomCR553; (1997)2BOMLR94; II(1997)DMC460; 1997(1)MhLj536
ORDERL. Dudhat, J. 1. The learned District Judge, Thane, has referred this matter to the High Court by his order dated 2-2-1993 passed in Marriage Petition No. 2 of 1992. 2. Petitioner in this case is the husband who had filed the aforesaid Marriage Petition No. 2 of 1992 in the Court of the District Judge, Thane, for a declaration that the marriage solemnised between the petitioner-husband and the respondent, his wife on 3-4-1983, is a nullity under Section 19 of the Indian Divorce Act, 1869. It was stated in the said petition that the marriage of the petitioner and the respondent was solemnised as per the Christian rites on 3-4-1983. About fifteen days after the marriage, the petitioner-husband left India for the Gulf countries on an employment and somewhere in the month of Oct. 1987 he returned to India. After his return to India from the Gulf countries, petitioner-husband learnt that the respondent had undergone an operation for excision of her fallopian tubes somewhere in Dec. 197...
Central Bank of India Vs. Miss Jayanti Kalgo Dessai
Court: Mumbai
Decided on: Jan-06-1997
Reported in: 1997(4)ALLMR523; [1998]91CompCas218(Bom)
R.M.S. Khandeparkar, J.1. The present appeal arises from the judgment and decree dated October 13, 1995, passed in Special Civil Suit No. 294/1992/A by the Civil Judge, Senior Division, Margao, whereby the suit filed by the respondent herein was decreed and the appellant herein was directed to pay to the respondent a sum of Rs. 40,490 with interest thereon at the rate of 10 per cent. per annum from June 27, 1992, till the date of final payment. It is seen from the record that at the time of admission of the appeal, the appellant was directed to deposit all the amount due to the respondent within two weeks from March 22, 1996, and accordingly, the appellant has deposited a sum of Rs. 55,400 in this court on April 16, 1996. 2. The case of the respondent herein is that on December 27, 1985, the respondent deposited with the Cuncolim branch of the appellant-bank herein a sum of Rs. 20,000 in fixed deposit, vide Money Multiplier Deposit Certificate No. 15/373. The deposit was for a period o...
Shri Anand Patwardhan Vs. the Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jan-06-1997
Reported in: 1998(1)ALLMR312; 1997(3)BomCR438
A.P. Shah, J.1. This petition under Article 226 seeks a writ of mandamus directing the Union of India and Doordarshan to telecast the petitioner's documentary film 'Ram -Ke-Naam' on the Doordarshan on its national programme.2. The petitioner is a well-known documentary film maker. The petitioner produced in 1991 a documentary film of ninety minutes duration called 'Ram-Ke-Naam' (in the name of God). The film was granted 'U' certificate by the Censor Board in 1992. The film deals with the Ramjanmabhoomi-Babri Masjid dispute and various social and religious issues arising therefrom. The film was selected as the best investigative documentary for the year 1993 and given National Award by the Government of India. It was adjudged as the best documentary in the year 1992 by the jury of the Film fare Award. It secured a best documentary award at Fry bourg Switzerland in 1992 and Citizens Award at Yamagota, Japan in 1993 and Ecumenical Prize at Nyon, Switzerland. The film was selected as the o...
Mohan Gangaram Adsool Vs. Jeevan Kala Mandal
Court: Mumbai
Decided on: Jan-06-1997
Reported in: (1997)99BOMLR695
R.M. Lodha, J.1. The Petitioner Mr. Mohan Gangaram Adsool was appointed as a P.T. teacher on 1.7.1989 in the Respondent No. 2 School viz, Dr. Parnerker Maharaj Vidyalaya, Vashivili, Taluka-Khalapur, District-Raigad run by Respondent No. 1 trust. On 22.3.90 an order was issued terminating the Petitioner's services with effect from. 30.4.1990. Constrained by the termination order the Petitioner preferred appeal before the School Tribunal, Pune Region, Pune under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The School Tribunal after hearing the parties allowed the appeal preferred by the Petitioner and quashed and set-aside the termination order dated 22.3.90 and declared that Petitioner continued in employment with the Respondents with continuity of service and all consequential benefits including back wages. The order passed by the tribunal allowing the Petitioner's appeal on 30th August-91 came to be challenged by the Responden...
Bell Granito Ceramica Ltd. Vs. Commr. of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-03-1997
Reported in: (1997)LC694Tri(Mum.)bai
1. This appeal is directed against the order dated 5-8-1996 passed by the Commissioner, Central Excise and Customs, Vadodara by which the Commissioner has denied capital goods Modvat credit claimed by the appellants herein in their plant for manufacturing granite tiles. The demand confirmed is Rs. 6,42,182/- under Rule 57U. The appellants had claimed capital goods Modvat credit on material which have been broadly categorised by the Commissioner as (1) Oil Circuit Breakers (Switch Gears), (2) L.T. Distribution Panels/Control Panels, (3) Power Transformers and (4) Air Compressors.2. The defence of the appellant say that all these items are part of their plant for Granite tiles and as such would be covered by the definition of Capital Goods under Rule 57Q and explanation thereto in terms of Explanation 1(b) which covers component parts, accessories and plant and equipment and machinery to be considered as capital goods for the purpose of Modvat credit. The Commissioner, Central Excise ho...
Aditi Pharmaceuticals Pvt. Ltd. Vs. Commissioner of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-02-1997
Reported in: (1998)(103)ELT412Tri(Mum.)bai
1. The question for decision in this appeal is whether membrane filter disc which the appellant contends was used in the manufacture of pharmaceutical products, is an input in terms of Rule 57A.2. The Representative of the appellant, says that the goods are nothing other than filter paper. This is used, in the filter machine in the appellant's factory to filter liquid pharmaceutical products so as to remove unwanted solid particulate matter. Filtration cannot take place by use of this disc alone. It is therefore not a complete equipment and that would be almost a part of the equipment. Hence according to the ratio of the decision in Union Carbide India v. CCE 1996 (15) RLT 144] the goods would not be excluded by the exclusion clause of Rule 57A and would not be regarded as an input.3. The Departmental Representative contends that, going by the use of the goods as described by the appellant, the filter disc 'goes along with' the filter machine. It is, he says, identifiable with that ma...
Reliance Industries Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-01-1997
Reported in: (1998)(97)ELT497Tri(Mum.)bai
1. Application is for waiver of pre-deposit of duty of Rs. 40.14 crores demanded by order of the Commissioner of Customs, Mumbai.2. Advocate for the applicant says that the demand for duty is on three counts. The first count is the valuation of the plant for manufacture of purified terephthalic acid (PTA). The Commissioner had found that the plant which was claimed to be of the capacity of 75,000 Metric Ton per annum (MTA) was comparable to a plant with the capacity of 1.5 lakh PTA and adopted the value of that plant. He contends that the notice issued to the applicant alleged that the capacity of PTA plant was of the capacity of 1.84 lakh MTA. He says that various hypothetical alternatives were discussed in the notice to determine the capacity of the plant and that thereafter, capacity was alleged to be 1.84 lacs MTA. Based on this capacity, the value was sought to be enhanced by an arithmetical enhancement of the declared value proposed by the revenue found in the capacity. He says ...
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