Mumbai Court February 1998 Judgments

Navi Mumbai Hawkers and Workers Union and Others Vs. the State of Maha ...

Court: Mumbai

Reported in: 1998(2)ALLMR596; 1998(3)BomCR458; 1998(3)MhLj438

ORDERA.V. Savant, J.1. Heard all the learned Counsel; Dr. Chandrachud for petitioners; Mr. C.J. Sawant, Advocate General for respondent Nos. 1 and 5; Mr. B.R Apte, Advocate General for respondent Nos. 2 and 3 and Mr. R.M. Sawant for respondent No. 4. 2. The first three petitioners are Trade Unions duly registered under the Trade Unions Act, 1926 representing a large number of hawkers in Navi Mumbai, (New Bombay), the twin city. Petitioner Nos. 4 to 17 are hawkers, who claim to have been carrying their hawking activities in Navi Mumbai and had submitted their applications to the second respondent Commissioner, Navi Mumbai Municipal Corporation for grant of licence to hawk in the hawking zones. The fourth respondent City and Industrial Development Corporation (for short 'CIDCO') is the New Town Development Authority (N.T.D.A.) constituted under section 113 of the Maharashtra Regional and Town Planning Act, 1966. The third respondent Navi Mumbai Municipal Corporation is a Corporation duly...

Oceanglobe Container Services Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1998)LC277Tri(Mum.)bai

1. The question for decision in this appeal is whether compressors fitted to the refrigerator marine containers ("reefer containers" as they are popularly known), are ship's stores within the meaning of Sub-clause (d) of para 11 of the Imports (Control) Order, 1955. In the order impugned in the appeal, the Collector has held that these are not ship stores for the reasons that containers are not part of the ship and therefore, parts of such containers would not be part of ships, and hence confiscated the compressors imported for being fitted on to such containers with an option to redeem them on payment of fine.2. Advocate for the appellant says that reefer container is used for transportation of refrigerated cargo and since such refrigeration cannot be maintained in the container without electricity supplied from the ship generators, the compressor and other such parts are ship stores. He says that the containers can not be differentiated as being other than parts of ships.3. Marine c...

Esdee Paints Limited Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1999)(111)ELT913Tri(Mum.)bai

1. The learned Counsel for the applicant submitted that the stay application is for waiver of pre-deposit effectively of a sum of Rs. 1,14,936/- taking into consideration the relief already given in the impugned order by the Commissioner (Appeals). The learned Counsel submits that the issue in this appeal relates to denial of Modvat credit by the lower authorities on the ground that the duty paying documents under which the credit was availed by the applicant was not acceptable. In respect of the duty demand of Rs. 1,03,191/- the denial of Modvat credit is on the ground that the gate passes under which the input material was received has been issued prior to 1-4-1994 and that it has been endorsed later on, and that, in terms of Notification 15/94 such gate passes are not a valid document for which Modvat credit can be taken.2. In respect of the second component of the demand of Rs. 8,054/- the learned Counsel pointed out that both the lower authorities have given a finding that the in...

Fag Precision Bearing Ltd. Vs. Commr. of Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1998)LC51Tri(Mum.)bai

1. The appeal is directed against the order dated 20-2-1997 of the Commissioner of Customs (Appeals) captioned above.2. The Appellants entered into various agreements with the West German collaborates and signed agreements for consultancy and technical know-how. After proposing to load the assessable value of the components imported by the Appellant to the extent of 0.9% for the use of the trade mark of the West German Collaborators, the Assistant Commissioner of Customs passed an . order dated 8-6-1993 accepting the contentions of the Appellant and withdrawing the proposal in the show cause notice for enhancement of the assessable value. This order of the Assistant Commissioner was sought to be reviewed by the Commissioner of Customs by filing a review application before the Commissioner (Appeals) and that authority allowed the department's appeal and set aside the Assistant Commissioner's order.3. Shri S. Kantawala, the learned Counsel for the Appellant submitted that the impugned o...

A.T.E.(P.) Ltd. Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. The appeal of the assessee, for assessment year 1983-84, is directed against the order dated 26-10-1990 of Commissioner of Income-tax (Appeals)-I, Mumbai. Rival contentions have been heard and records perused.2. The first ground of appeal is in regard to reimbursement of medical expenses which have been held as part of the salary for purposes of calculation of disallowance under section 40A(5)/40(C). This issue is covered against the assessee by the decision of the Supreme Court in the case of CIT v. Mafatlal Gangabhai & Co. Ltd. [1996] 219 ITR 644/85 Taxman 381. In this case it has been held that the reimbursement of medical expenses does not amount to perquisites but forms part of the salary.3. We respectfully following the aforementioned decision of the Supreme Court, dismiss this ground of appeal raised by the assessee.4. The second ground of appeal is relating to the disallowance of interest of Rs. 17,000 on account of interest free advance of Rs. 1,00,000 given the assess...

Venkatesh Iyer Vs. Bombay Hospital Trust and Others

Court: Mumbai

Reported in: 1998(2)BomCR798

ORDERDr. Pratibha Upasani, J.1. This Notice of Motion is taken out by defendant Nos. 1 and 2 praying that the plaintiff be disappeared under the provisions of Order XXXIII, Rule 9 of the Code of Civil Procedure, 1908.2. The suit is filed by the plaintiff Venkatesh Iyer for declaration that the defendants/any one of them, their servants/officers etc. are guilty of treating the plaintiff with negligence, and seeking a decree for a sum of Rs. 47 lakhs as and by way of damages in accordance with the particulars of claim at Exhibit II to the petition with interest. Prayer for punitive damages also is made by the plaintiff.3. The plaintiff had sought permission to sue the defendants in forma pauperis as per the provisions of Order XXXIII, Rule 1 of the Code of Civil Procedure, 1908. Proceedings accordingly were conducted before the Prothonotary and Senior Master as per Chapter XIII of the Rules of High Court of Judicature, Bombay on the Original Side read with Order XXXIll, Rule 1 of the Cod...

Devlal S/O Jagatram Chauhan and anr. Vs. Municipal Council Gondia and ...

Court: Mumbai

Reported in: 1999(2)ALLMR374; (1999)101BOMLR384

A.Y. Sakhare, J.1. By this writ petition under Article 226 of the Constitution of India, the Petitioners have challenged the seniority list dated 2.5.1991 prepared by the Municipal Council, Gondia, the Respondent No. 1 herein. The petitioners and the respondents Nos. 3 to 9 are Assistant Teachers serving in various municipal schools run and managed by the respondent No. 1. The respondent No. 2 is the Education Officer of Zilla Parishad, Bhandara.2. The petitioner No. 1 joined the respondent No. 1 with effect from 7.6.1960, while, the petitioner No. 2 joined the service of the respondent No. 1 with effect from 24.7.1959. Initially they were appointed in the middle school classes. The Petitioners have claimed that after improving their qualifications, i.e. acquiring B.A. Degree in the year 1962 and 1961, respectively, in the year 1962, they were promoted as high school teachers. The Petitioners acquired B.Ed. training on 11.5.1963. Thus they have claimed that they became qualified traine...

Stephen Laslie Victor D'Souza and others Vs. Stanley Antony D'Souza an ...

Court: Mumbai

Reported in: AIR1998Bom149; 1998(2)ALLMR1; 1998(3)BomCR714; 1998(1)MhLj912

ORDERDR. Pratibha Upasani, J.1. This Chamber Summons is taken out by plaintiffs, praying that the delay in taking out the present Chamber Summons be condoned and that the abatement of the suit against defendant No. 6 be set aside and the plaintiffs be granted leave and they be permitted to carry out the amendment to the plaint in terms of the proposed amendments set out in the schedule annexed to the Chamber Summons.2. The proposed amendment in the schedule is to bring respondent Nos, 1 to 8,who are the legal representatives of the deceased defendant No. 6, Aithappa Sharma,on record. Consequential amendment in terms of Clauses II and III of the Scheduleis also prayed.3. At the outset, the Counsel for the plaintiffs Mr. Mehta conceded that since defendant No. 6 was already dead at the time of the filing of the suit, prayer (a) of the Chamber Summons for setting aside abatement against defendant No. 8 is misconceived and, therefore, he is withdrawing the said prayer. He, however, prayed ...

Vikrant Engineers and Others Vs. Shridhar Bhaskar Paranjape and Anothe ...

Court: Mumbai

Reported in: 1998(3)ALLMR753; 1998(5)BomCR269; (1998)2BOMLR140; 1998(2)MhLj132

ORDERD.K. Deshmukh, J.1. By this petition filed under Article 227 of the Constitution of India, the petitioners challenges the order dated 14-8-1986 passed by the II Extra Joint District Judge, Pune in Civil Appeal No. 862/1984. That appeal was filed by the respondents challenging the judgment and decree dated 20-7-1984 passed by the IVth Addl. Small Causes Judge, Pune in Civil Suit No. 184/79. That civil suit was filed by the present petitioners, claiming therein that the respondents Shridhar Bhaskar Paranjape and Bhaskar Tukaram Joshi, the original defendants Nos. 1 and 2 are the owners of a final plot of land No. 9 Survey No. 91, Pune. It was alleged that as the defendants did not have enough funds to raise a construction on that plot of land they approached the plaintiffs and an agreement was entered into between the plaintiffs and the defendants on 24-2-1971. As per that agreement the plaintiffs were to advance an amount of Rs. 20,000/- to the defendants. The defendants were to co...

Ashok Kamlakar Vs. State of Maharashtra

Court: Mumbai

Reported in: 1998(5)BomCR609

ORDERD. D. Sinha, J.1. The present criminal appeal is preferred by the appellant against the judgment and order of conviction dated 21-12-1993, passed by the Additional Sessions Judge, Aurangabad in Sessions Case No. 150 of 1993, whereby the appellant/accused was convicted for the offence punishable under section 307 of the Indian Penal Code, and sentenced to suffer R. I. for the period of seven years and also directed to pay a fine of Rs. 500/-, in default to suffer further R.I. for six months. The appellant is also convicted for the offence punishable under section 332 of the Indian Penal Code and sentenced to suffer R.I. for the period of two years and to pay a fine of Rs. 300./-, in default to suffer further R.I. for three months. Similarly, the appellant is convicted for the offence punishable under section 135 of the Bombay Police Act and sentenced to suffer R.I. for four months and to pay a fine of Rs. 100/- in default to suffer further R.I. for one month. The appellant is also ...