Mumbai Court March 2001 Judgments

Sudhakar Vithal Kumbhare Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2001(2)ALLMR523; 2001(4)BomCR582; (2001)2BOMLR952; 2001(4)MhLj475

R. M. Lodha, J. 1. By the order dated 5.5.1989 the respondent No. 2 ordered reversion of the petitioner to the post of Junior Engineer (C) since it was found that the petitioner was wrongfully promoted to the post of Assistant Engineer (C) against the quota reserved for B. C. Communities vide order dated 23.9.1987. This office order dated 5.5.1989 is impugned by the petitioner in the present writ petition.2. Mr. Mendadkar, learned counsel for the petitioner, urged that the petitioner was born in Maharashtra and the question whether he is migrant from Madhya Pradesh was not open to be decided by the employer, but could only have been determined by the Committee for Scrutiny and Verification of Tribe Claims (For short 'the Scrutiny Committee') and unless that claim was determined holding that the petitioner was not Scheduled Tribe (S.T.) the order of reversion could not have been passed. In support of his arguments, the learned counsel for the petitioner relied upon the judgment of Apex ...

Mudra Salt and Chemical Industries Vs. the Collector, Dist. Thane and ...

Court: Mumbai

Reported in: 2001(3)ALLMR356; (2001)4BOMLR534; 2001(3)MhLj151

V. C. Daga, J.1. This revision application is directed against the order dated 3.9.1998passed by the Second Joint Civil Judge, S.D. Thane, below Ex. 49 in SpecialCivil Suit No. 936 of 1997, rejecting application seeking amendment to theplaint, holding that inconsistent pleas cannot be allowed to be brought onrecord by way of an amendment.The facts giving rise to the present Revision Application may be noticed as under :2. The plaintiff has filed a suit bearing Special Civil Suit No. 936 of 1997 pending on the file of the Civil Judge, S.D. Thane, seeking negative declaration that defendant Nos. 1 to 3 have no right, title and interest to allot, any part or portion of the suit land, situated at village Kopri, Taluka and District Thane, to any third party, with further declaration that the defendant Nos. 4 and 5 have no right, title, interest, of whatsoever nature in the said land, and that the alleged order of allotment passed by defendant No. 1 in favour of the defendant Nos. 4 and 5 ar...

Reserve Bank of India Vs. L.M. Devare, Liquidator Bank of Karad Ltd.

Court: Mumbai

Reported in: 2002(2)ALLMR398

D.Y. Chandrachud, J.1. In the company application which is being disposed of by this order, the applicant is the landlord of office premises situated on the ground floor of a building known as Jaya Shree Chambers, situate at 82, Nagindas Master Road, Fort, Mumbai-400 023. The Applicant has sought a direction from the Court to the Liquidator of the Bank of Karad Limited to hand over vacant and peaceful possession of the office premises. The Bank of Karad was the tenant in respect of the office premises situated on the ground floor on a monthly rent of Rs. 493.71. The applicant purchased the premises under a registered deed of conveyance on 11-8-1995, after which a letter or attornment came to be issued. Bank of Karad was ordered to be wound up with effect from 27-5-1992 by an order dated 28-7-1994 of the Court.2. The liquidator filed an affidavit dated 8-2-2000 in these proceedings stating that in the premises in question which are also popularly known as the Oak Lane premises, all the ...

Gulabsingh Prabhu Rathod Vs. State of Maharashtra

Court: Mumbai

Reported in: 2001ALLMR(Cri)1335; (2002)104BOMLR357

Pratibha Upasani, J.1. These three criminal appeals are filed by the appellants Gulabsingh Prabhu Rathod, Ranglal @ Ganeshdas and Harikisandas Keshavji Johanputra (original accused Nos. 1, 3 and 4), being aggrieved by the judgment and order dated 4.10.1985, passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 301 of 1984. By the impugned judgment and order, the learned Additional Sessions Judge, Greater Bombay, convicted these appellants/original accused for offence punishable under Section 302 r/w Section 34 of the Indian Penal Code and sentenced them to suffer imprisonment for life. The learned Additional Sessions Judge also convicted the appellants for an offence punishable under Section 201 r/w Section 34 of the Indian Penal Code and sentenced them to suffer R.I. for seven years. Both the sentences were ordered to run concurrently.Original accused. No. 2 Nandkishore Gulabsingh Rathod, who was the son of original accused No. 3 Gulabsingh Prabhu Rathod, expir...

Arvind Gore Vs. Ito

Court: Mumbai

Reported in: (2002)74TTJ(Mumbai)404

ORDERM.A. Bakshi, V.P.We find it convenient to dispose of these two appeals of the assessee for assessment year 1994-95 by this consolidated order. Rival contentions have been heard and record perused.2. We first take up the appeal in respect of an order under section 143(1)(a). The relevant facts in this case are that the assessee was an employee of Cadbury India Ltd. He had availed of voluntary retirement scheme benefits during the previous year relevant to assessment year 1994-95 and had received a sum of Rs. 4,64,402. The certificate issued by the employer company in Form No. 16 granted exemption in respect of sum of Rs. 3,79,965 and deducted tax inter alia in the sum of Rs. 84,437. However, the assessee while filing the return of income claimed exemption in respect of the entire sum of Rs. 4,64,402 under section 10(10C). The assessing officer made an adjustment of Rs. 84,440 disallowing the claim of the assessee. The assessee appealed to the Commissioner (Appeals) but did not succ...

Tide Industries Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(133)ELT426Tri(Mum.)bai

1. The appellant manufactures shoe polishes and creams. It draws samples from every bath of each of these products, and keep them so as to be available in case of any complaint regarding the quality of the product for two years after which they are brought back to the factory and mixed with goods under process and then cleared on payment of duty.In the order impugned in the appeal, the Commissioner, adjudicating upon a notice issued to the appellant, held that duty is to be payable on these samples when they are initially removed to the laboratory.Hence this appeal.2. The contention of the representative of the appellant is that the law is very clear that duty is to be payable on excisable goods when they are removed from the place of production. The laboratory was approved in the ground plan that the appellant submitted as being part of the factory, the place of production. There has therefore been no removal from the factory. These samples were therefore not removed from the factory...

M/S. Puja Enterprises Vs. C C, Mumbai

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2001)(133)ELT617Tri(Mum.)bai

1. The application is for early hearing on the ground that there has been considerable delay by the Customs department in dealing with the goods imported by the appellant. While we agree such delay is undesirable, such delay itself cannot be a ground for out of turn hearing. Further, the absence of a regular judicial member in this bench also has to be taken into account. We therefore dismiss the application. The applicant is at liberty to seek revival as and when the bench starts functioning regularly....

Shri Manishkumar Bagdawala, Shri Vs. Commissioner of Central Excise an ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. These applications relate to three appeals arising out of the common order of the Commissioner of Central Excise, Surat-I. These are therefore being disposed of vide this common order. We have heard Shri Mayur Shroff, advocate for the applicants and Shri A.K. Jain for the Revenue.2. M/s. Shree Vishnu Dyeing & Printing Mills Pvt.Ltd. are the central excise assessees. Shri Dharmendra Bakhaswala is the director of the assessee unit. Shri Manishkumar Bagdawala is the assistant dyeing master. When the excise officers visited the mills, they noticed certain processed fabrics which were in excess of the recorded stock.These were seized. The search of the premises yielded certain kachha delivery challans as also four pocket diaries. These were seized from behind the seat of Bagdawala. The panchnama records that before the panchas Bagdawala admitted recovery of the note books. He made the statement that the note books indicate the clearances of processed fabrics without payment of duty....

Commissioner of Central Excise, Vs. M/S Inga Laboratories Pvt Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. In the order out of which this application arises, the Tribunal had, relying upon decisions of the Tribunal, and of the Calcutta High Court, held that in order to recover refund wrongly sanctioned, a demand has to be raised under Section 11A of the Act, and therefore confirmed the finding to this effect arrived at by the Collector (Appeals). It therefore had held that the department's appeal fails. Although it had observed that consequent upon the amendment of Section 11B of the Act, the refund would go to the consumer Welfare Fund, if the claimant was not able to show that incidence of duty has not been passed on to the customer.2. The application seeks reference to the High Court on the question as to whether, in absence of a claim made under Section 11A of the Act, an appeal under Section 35E(4) of the Act alone is enough to recover refund erroneously sanctioned.CCE vs Rerolling Mills 1997 (94) ELT 8 is that the demand for recovery of erroneous refund has to be raised under sect...

Raychem Rpg Ltd Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The representative of the appellant prays for withdrawal of the appeal, which is not opposed by the department. The appeal is dismissed as withdrawn....