Mumbai Court January 2001 Judgments
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Voltas Switchgear Plant Employees' Union Vs. Voltas Switchgear Ltd.
Court: Mumbai
Decided on: Jan-10-2001
Reported in: (2001)ILLJ1242Bom
V.C. Daga, J.1. Heard. Rule returnable forthwith. Respondent waives service.2. The petition in question is directed against the interim order dated December 20, 1999, passed by the Industrial Court, Thane, refusing to grant interim relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'MRTU and PULP Act' for short).3. The petitioner is a registered trade union recognised under the provisions of] MRTU and PULP Act and represent all the workmen employed in the Switchgear Factory at Thane run by the respondent/company. The respondent/company is a public limited company having its registered office and its factory at 2nd Pokhran Road, Thane. The company is engaged in the business of manufacturing and marketing of electrical switchgears, panels and other accessories having 560 employees including supervisors; and managerial staff.4. The present controversy involved in the petition relates to ...
Mahadeo Ganpati Sutar and anr. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-10-2001
Reported in: 2001ALLMR(Cri)2274; 2001(5)BomCR610; 2001CriLJ1375; II(2001)DMC202
Pratibha Upasani, J.1. This criminal appeal is filed by the appellants/original accused Nos. 1 and 2, namely, Mahadeo Ganpati Sutar and Shrimati Sakhubai Ganpati Sutar, being aggrieved by the judgment and order dated 31-10-1985, passed by the Sessions Judge, Kolhapur in Sessions Case No. 69 of 1984. By the impugned judgment and order the learned Sessions Judge, Kolhapur convicted accused No. 1 Mahadeo for offences punishable under section 498-A r/w section 34 and sections 302 and 201 of the Indian Penal Code. He accordingly sentenced him to suffer R.I. for three years and a fine of Rs. 1,000/-, in default to suffer R.I. for six months under section 498-A r/w section 34 of the Indian Penal Code. Accused No. 1 was further convicted and sentenced to suffer imprisonment for life and a fine of Rs. 1,000/- in default to suffer R.I. for one year under section 302 of the Indian Penal Code. Accused No. 1 was further convicted under section 201 of the Indian Penal Code and was sentenced to suffe...
Chandidas S/O Balwantrao Deshpande Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jan-10-2001
Reported in: 2001(3)ALLMR865; 2001(3)BomCR122
R.G. Deshpande, J.1. The petitioner Shri C.B. Deshpande, was appointed initially as a Cashier (Saraf) on 16-1-1952 in the Office of the District Superintendent of Police, Nanded in the pay scale of Rs. 35-50, as it was applicable then. The petitioner's date of birth is 7-4-1931 and he is a permanent resident of Nanded. By the passage of time, this post of Saraf was upgraded some time in the month of March, 1973 and the petitioner become a Clerk (Class III) in the said same department. At the time of entering in the service, the petitioner had just passed X standard examination. However, while in service, some time in the year 1974, the petitioner cleared the Departmental Examination known as 'Sub-Services Departmental Examination' wherein, according to the petitioner, he had secured first class.2. It is the case of the petitioner that all through his service career, he had sincerely, efficiently and in a most obedient manner, served the department, having absolutely good service record...
Ramchandra S/O Ukandaji, Died, Through L.Rs. Vs. Agricultural Produce ...
Court: Mumbai
Decided on: Jan-10-2001
Reported in: 2001(3)ALLMR850; 2001(3)BomCR85
S. Radhakrishnan, J.1. The brief background of the second appeal is that the respondent herein was the original plaintiff namely Agricultural Produce Market Committee, Nanded, had filed suit for recovery of possession of 3 plots shown in green and red colour in the map annexed to the plaint. It appears that Nanded Municipal Council had resolved to transfer 47 Acres and 15 Gunthas land situated at New Mondha, Nanded, in favour of Agricultural Produce Market Committee (hereinafter referred to as the 'Committee' for brevity) for a consideration of Rs. 75,000/- by its Resolution No. 224 dated 27-1-1970. This resolution was forwarded to the Government of Maharashtra for according sanction as per section 92 of the Maharashtra Municipalities Act, 1965. Ultimately, the Government of Maharashtra issued a Government Resolution dated 28-9-1970 whereby the necessary sanction was accorded. In pursuance thereof, Nanded Municipal Council delivered physical possession of the aforesaid 47 Acres and 15 ...
Indian Extrusion Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-09-2001
Reported in: (2001)(74)ECC487
1. The appellants are importers. Certain consignments were cleared by them on payment of duty. Subsequently in pursuance of a judgment of the Bombay High Court, they filed 8 refund claims. The imports were made during January 1989 to April 1989, the duties were paid during 4.2.89 to 25.5.89, and the refund claim were lodged on 13.12.89. However, the importers claimed that they had earlier filed a consolidated refund claim vide their letter dt. 6.7.89 which was received by the Customs on 12.7.89. Whereas the individual claims were addressed to Assistant Collector of Customs (Import) Air Cargo Complex, the consolidated claim was addressed to the AC Air Port, Bombay. Much later that is in August 1999 they reminded the Custom House about pendency of their claims. No show cause notice appears to have been issued but that the importers were directed to appear before the Jurisdictional Assistant Commissioner on 23.4.99. The Assistant Commissioner rejected the claims holding that they were ba...
Kanugo Tubes (i) Ltd. Vs. Commissioner of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-09-2001
Reported in: (2001)(74)ECC208
1. On careful examination of the records of the case and on hearing both sides in the stay application, I am of the view that the appeal itself can be finally disposed of at this stage in the interest of justice. I, therefore, allow the stay application unconditionally and proceed to dispose of this appeal.2. The department, by a show cause notice, had directed the appellants to reverse the Modvat credit of Rs. 2,91,286/- availed earlier by them.This was on the alleged ground that the credit had been taken without valid duty paying documents. The notice had also proposed to impose penalty on the party under Rule 173Q of the Central Excise Rules. The party contested the notice. The dispute was adjudicated by the jurisdictiqnal Assistant Commissioner, who disallowed the Modvat credit and imposed a penalty of rupees five lakhs. The assessees, aggrieved by this order of the Assistant Commissioner, preferred an appeal to the Commissioner (Appeals). They also filed a stay application prayin...
Walu @ Walmik Popat Khairnar and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-09-2001
Reported in: 2001ALLMR(Cri)829; 2001(5)BomCR604; 2001CriLJ1322
Vishnu Sahai, J.1. Since these four connected matters arise out of the same set of facts, and a common impugned judgment, we are disposing them off by one judgment.2. Seven persons namely Ramji Vithal Deore, Murlidhar Kolhe, Yashwant Pandit Khole, Walu @ Walmik Popat Khairnar, Kacharu Sukdeo Khairnar, Dattu Sukdeo Khairnar and Popat Mahadu Khairnar were tried by the Additional Sessions Judge, Nasik in Sessions Case No. 87 of 1985 for offences punishable under sections 148 and 302 r/w 149 I.P.C.. The learned trial Judge found each of them guilty for offences punishable under section 148 I.P.C. and 325 r/w 149 I.P.C. On the former count, he sentenced each one of them to undergo one year R.I. and on the latter two years R.I.The seven persons named above challenged the aforesaid convictions and sentences by preferring Criminal Appeal Nos. 739 of 1985 and 761 of 1985. Criminal Appeal No. 739 of 1985 has been preferred by Walu & Walmik Khairnar, Kacharu Khairnar, Dattu Khairnar and Popat Kha...
Benzo Chem Industries Pvt. Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Jan-09-2001
Reported in: 2001(128)ELT328(Bom)
ORDER1. Rule, made returnable forthwiih. Respondents waive service through learned Counsel Mr. Jetley. By consent, the petition called out for hearing and heard.2. This writ petition is directed against an order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) under Section 35F of the Central Excise Act, directing the petitioners to deposit a sum of Rs. 20 lacs as pre-deposit for hearing the appeal.3. The facts are in short compass and this petition can be disposed of here and now. It is the petitioners' case that they used to send the semi finished goods to their sister concern for further processing and the same was returned to them after processing. While doing so, the requisite statutory registers were neither maintained not were deck rations filed with the concerned authority as required by law. However, :he petitioners contend that all material which had gone out of their factory has physically come back after processing, and that no material had been taken ou...
Shainaaz S. Punjani Vs. Commissioner of Customs, Acc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-08-2001
Reported in: (2001)(75)ECC466
The above appellant has filed this appeal against the above captioned impugned order dated 9.8.90 praying for setting aside the same.1. The facts of the case in brief are that on 19.8.89 Customs Officers of Sahara International Airport, Bombay, on prior information intercepted Sri Sultan Shaban Ali Punjani, his wife the appellant, son Nazar Sultanali Punjani, daughter Reema Sultan Ali Punjani and Ilham Sultan Ali Punjani, who arrived from Abudhabi by Air India Flight No.AI708 and had declared their goods worth Rs. 2250 CIF to the customs at counter No. 13. They were asked before panchas whether they carried any gold either in their baggage or on their person to which they replied in the negative. Not satisfied with that, their entire baggage was screened, Appellant and Sultan Shaban Ali Punjani were very reluctant to put lady's vanity box in the screening machine. On screening it on machine, dark patches were noticed on the screen indicating the presence of some hard metals inside the...
Reliance Rasayan Private Limited Vs. Cce and C
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-08-2001
Reported in: (2001)(129)ELT510Tri(Mum.)bai
1. The question for consideration in this appeal is whether the product "Lomafinish 45" manufactured by the appellant is textile lubricating preparation which is exempted by Notification 45/95.2. The stay application was listed for hearing on 1-10-2000 and on our perception that the appeal itself could be disposed of, we ordered the appeal to be listed today. The appellant is absent today and was absent on the last occasion despite notice.3. The Deputy Chief Chemist of the department, after testing the product, has said "It is composed mainly of organic surface active agent with small amount of mineral oil". The Commissioner (Appeals) finds that this description is sufficient to say that the product is not a lubricating preparation, but is one used for the oil or grease treatment of textile material and leather etc. He has relied upon the Board's circular to say that such goods would not be entitled to the benefit of the notification.4. The Notification 12/94 exempts inter alia lubric...
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