Mumbai Court June 2000 Judgments
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Ashok Narhari Salunke Vs. Jalgaon District Central Co-operative Bank L ...
Court: Mumbai
Decided on: Jun-09-2000
Reported in: 2000(4)ALLMR653; (2000)IIILLJ1126Bom
R. J. Kochar, J.1. The petitioner employee is aggrieved by the order dated August 29, 1998 passed by the Industrial Court, Maharashtra at Nasik, in Appeal (BIR No. 1/88) filed by the Respondent-bank challenging the order of the Labour Court, Jalgaon dated January 7, 1988 in Application (BIR) No. 6/84 filed by the petitioner employee has challenged the legality and propriety of the dismissal order passed by the Respondent bank, dismissing him from employment for the proved acts of misconduct levelled against him by the Bank. There is no dispute that both the parties are governed by the provisions of the Bombay Industrial Relations Act, 1946. The undisputed facts are as follows :The petitioner was in employment of the Respondent Bank as a clerk from November 2, 1972. He appears to have been promoted in the year 1977 as a Cashier and as the Head Cashier in the year 1979 in the Head Office of the Bank at Jalgaon. On July 10, 1979 while the petitioner was working as the Head Cashier, it app...
Visen Fabrics Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-08-2000
Reported in: (2000)(71)ECC554
1. When these two applications seeking stay and waiver of the penalties was argued by Shri Prakash Shah Advocate, it appeared that the issue being small and well defined, the main appeals themselves could be taken up for the disposal. This was done after hearing Shri V.K.Choubey the Ld. DR for the revenue.2. The facts being common and the appellants being the same these appeals are being disposed of after granting waiver of the penalties imposed in this case.3. The appellants were operating under the provisions of Rule 96ZQ of the Central Excise Act, 1944. In terms of this rule a specific amount per Chamber per month had to be deposited by such processors by the 15th of each month for that month. Sub-rule 5 read as follows: If an independent processor fails to pay the amount of duty or any part thereof by the date specified in Sub-rule (3), he shall be liable to,-- (i) Pay the outstanding amount of duty along with interest at the rate of twenty-four per cent, per annum calculated for ...
Commr. of Central Excise Vs. Chemical and Dyestuff Inds.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-08-2000
Reported in: (2000)(71)ECC550
1. This application is from Revenue seeking stay of the operation of the order in so far as it relates to the credit taken on invoice issued by M/s. Shri Ram Chemicals, Mumbai. On perusal of the issue, it was thought proper to take the appeal itself for disposal. I have heard Shri Choubey for the department and have seen the case file.2. The show cause notice dated 30-12-94 refers to invoice dated 7-6-94 issued by M/s. Shri Ram Chemicals, Bombay. The show cause notice did not spell out the exact ground for denial. The Asstt. Commissioner denied the credit on the following ground: As regards the invoice issued by M/s. Shri Ram Chemicals, Bombay, the said assessee has produced that zerox copy of the dealer and on scrutiny, I find that the C. Ex. registration certificate is issued on 20-3-1995 whereas the Central Board of Excise and Customs issued a Circular No. 76/76/94-C. Ex. dt. 6-11-1994 in which it was clarified that the commercial invoices issued by the dealers/traders prior to the...
Gajendra Kumar A. Agarwal and ors. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-08-2000
Reported in: (2000)(71)ECC353
1. These applications relate to the twelve appeals arising out of the same order of the Commissioner Excise and are therefore taken up together for disposal.2. M/s. R.K. Taneja Fashion Fabrics (hereafter called RKT) processed fabrics received from merchant manufactures. During the period August 1993 to August 1995. Shri Naresh Kumar. R, Taneja, Shri Ramesh Kumar.P. Taneja, Shri Kaushal B. Pal, Shri Krishnakumar B. Taneja and Shri Bodhraj S. Pal were Directors therein. Thereafter the activities were taken over by a company styled as M/s. Paul Tex (P) Ltd. of which the Directors were Shri Bodhraj Pal and Kaushal Pal. As a result of simultaneous searches of the office as well as residential premises in December 1996 unrecorded excess goods were found and seized. Shri Kaushal Pal before the panchas admitted the non-entry and also the fact that the goods were mentioned in the non-statutory invoices. Search of his residential premises resulted in recovery of incriminating documents. One M.P...
Ocean Shipping Service Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-08-2000
Reported in: (2000)(120)ELT631Tri(Mum.)bai
1. These four applications relate to four appeals filed against the same impugned order. These applications are, therefore, being disposed of by this common order.The vessel M.V. Arjun arrived on 18-2-1998 carrying cargo of 1950 MT of scrap. Prior to the entry, IGM had been filed on 16-2-1998. Three Bills of Entry were filed by M/s. Jaswantrai & Co., CHA on behalf of the importers M/s. Shree Electromelts Ltd. The goods were described as Heavy Melting Scrap under sub-heading 7204.49. The value was declared as US $ 120 cif. Benefit of Not. No. 11/97-Cus. was claimed which prescribed the rate of 5% adv. on imported heavy melting scrap provided the importer produced evidence within a stipulated time that the scrap was so melted. All the Bills of Entry were dated 16-2-1998. Vide letter dated 18-2-1998 the CHA M/s. Jaswantrai & Co. furnished supplier's certificate that the Heavy Melting Scrap consisted of railway lines, ship hulls and other parts which are fit for melting. On 2-4-19...
Employees State Insurance Corporation Vs. Mukund Iron and Steel Works ...
Court: Mumbai
Decided on: Jun-08-2000
Reported in: (2001)1BOMLR581; [2000(87)FLR984]; (2001)ILLJ504Bom
D. K. Deshmukh, J.1. By this appeal, the Employees' State Insurance Corporation challenges the order dated July 30, 1982 passed by the Employees' Insurance Court, Bombay in Application (ESI) No. 17 of 1976. That application was taken out by the Respondents. By the order Impugned, the Trial Court has declared that the Respondent Company is not liable to pay contribution on the amount of Rs. 12,95,832.20 paid by them as ex gratia and the appellant Corporation is restrained from recovering contributions on the said amount. The above referred amount was required to be paid by the Respondents to its employees pursuant to the memorandum of settlement arrived at between the Respondent and the representatives of its employees. There are various terms of this settlement. One of the terms of the settlement is for making payment of some amount ex gratia at one time by the Respondent employer to the employees. The Trial Court has held that this payment does not amount towages within the meaning of...
Jagrajsing Vs. Anglo American Marine Co. Ltd. and anr.
Court: Mumbai
Decided on: Jun-08-2000
Reported in: 2000(4)ALLMR132; [2000(86)FLR894]; (2001)IIILLJ825Bom
R.J. Kochar, J. 1. The petitioner workman has challenged the award Part-II dated June 10, 1987 passed by the Labour Court in Reference I.D.A. No. 19 of 1982. By its award Part-I the Labour Court has held the inquiry to be fair and proper and findings not being perverse but based on material and evidence on record in respect of the charge sheet dated May 17, 1981. In respect, of the charge-sheet issued against the petitioner on August 1, 1981 the Labour Court has recorded a finding that though the inquiry was fair and proper the findings were perverse. The respondent company has not challenged the, same finding of the Labour Court holding that the findings of the Inquiry Officer were perverse. After recording the aforesaid findings the Labour Court has considered the question of punishment under Section 11-A of the Industrial Disputes Act in its Part-11 award. The Labour Court has converted the order of dismissal into an order of discharge, meaning thereby that the punishment of dismiss...
Shri Bansilal Narayandas Kankaria and anr. Vs. the Special Land Acquis ...
Court: Mumbai
Decided on: Jun-08-2000
Reported in: 2000(4)ALLMR127; 2001(1)BomCR136
B.H. Marlapalle, J.1. The petitioners have challenged the land acquisition proceedings in respect of agricultural land being Gat No. 12/5 and 12/6 of village Vadgaon Budruk, Taluka Haveli, Dist. Pune, in this petition filed under section (sic Article) 226 of the Constitution of India.2. The factual matrix of the case is as set out herein below :---One Shri Shagi Alias Baban Mahadeo Gandale resident of Shukarwar Peth, Pune, was the owner of agricultural land located in Survey Nos. 12, 18, 19 and 20 admeasuring about 48 Acres in the said village. Out of that land about 31 Acres was in his personal name whereas the balance of about 17 Acres was in the name of his mother. The notification under section 4 of the Land Acquisition Act (for short 'the Act') was issued on 19th January, 1972 and the same was served on the land owner on 3rd May, 1972, for acquisition of land admeasuring 5 Acres i.e. 1 Hector 79 Acres from Survey No. 12/6 & 23 Acres from Survey No. 12/5. The notification under sec...
Prashant Mallikarjun Mendhapoorkar Vs. Sou. Pragati Prashant Mendhapoo ...
Court: Mumbai
Decided on: Jun-08-2000
Reported in: II(2000)DMC696
Pratibha Upasani, J.1. This criminal writ petition is filed by the petitioner/husband, being aggrieved by the order dated 9th July, 1993 passed by the 3rd Additional Sessions Judge, Solapur in Criminal Revision Application No. 228 of 1992, dismissing the said revision. By the impugned judgment and order, the learned 3rd Additional Sessions Judge confirmed the judgment and order dated 3rd September, 1992 passed by the Judicial Magistrate, First Class, whereby he allowed the application of the respondent Nos. 1 and 2 and ordered the petitioner/husband to pay Rs. 350/- per month to original applicant No. 1-Pragati and Rs. 150/- per month to applicant No. 2-Kumari Kalyani from the date of the application dated 12th July, 1991.2. Few facts which are required to be stated are as follows :It is an admitted position that the original applicant No. 1-Pragati and respondent No. 1 -Prashant are husband and wife. It is also an admitted position that Kumari Kalyani is their daughter born out of the...
Madhukar Govind Vaidya Vs. Narayan Harishchandra Surve
Court: Mumbai
Decided on: Jun-08-2000
Reported in: (2000)102BOMLR276
A.M. Khanwilkar, J.1. This writ petition, under Article 227 of the Constitution of India, has been filed by the petitioner-original plaintiff challenging the judgment and decree passed by two Courts below in dismissing the suit for possession of the suit premises.2. The petitioner gave notice to the respondent on June 12, 1980 demanding arrears of rent in respect of the suit premises for a period between December, 1979 and May, 1980. According to the petitioner, he was entitled to rent at the rate of Rs. 20/- per month and permitted increases. The respondent gave reply to the suit notice on 17 July, 1980 and disputed that he was liable to vacate the suit premises on the ground of default. According to the respondent, he was regularly paying the rent at the agreed rate of Rs. 1 5/- per month as well as the permitted increases from time to time. The respondent claims that he had tendered rent by money order on three occasions, lastly on April 22, 1980, just before the issuance of the sui...
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