Mumbai Court September 2002 Judgments

Shankarlal Nandkishore Dhamat Vs. State of Maharashtra and anr.

Court: Mumbai

Reported in: 2003(2)BomCR294

R.K. Batta, J.1. The petitioner has invoked the writ jurisdiction of this Court for directions to respondent No. 2 to give the terminal benefits including pension. The petitioner was appointed on daily wages on 25-7-1977 and he was regularised in the post of Clerk with effect from 15-3-1979. The petitioner retired on 31-1-1988. The petitioner was not paid pension benefits on the ground that he had not completed ten years of service. The petitioner has, therefore, approached this Court seeking directions as aforesaid. 2. We have heard learned Advocate for the petitioner, learned Advocate for the respondent No. 2 and learned Assistant Government Pleader for the respondent No. 1.3. There is no dispute regarding the admitted facts which have been enumerated above. According to the learned Advocate for the respondent No. 2, the total pensionable service of the petitioner, in accordance with the Maharashtra Civil Services (Pension) Rules, 1982 (hereinafter referred to as the 'Act'), comes to...

Dinesh Shamrao Barapatre Vs. Deputy Director and anr.

Court: Mumbai

Reported in: 2003(1)ALLMR724; 2003(2)BomCR296

S.A. Bobde, J.1. Rule is made returnable forthwith. Heard by consent of parties.2. This petition is directed against an order dated 21-5-1999 of Caste Scrutiny Committee negativing the petitioner's claim that he belongs to Halba Scheduled Tribe.3. The only point urged by the learned Counsel for the petitioner is that the Police Vigilance Cell has failed to record the statement of any person as required by Supreme Court in the case of Madhuri Patil v. Additional Commissioner, Tribal Development, Thane, : AIR1995SC94 . In that judgment, particularly in paragraph 5, the Supreme Court has observed as follows:'5. Each directorate should constitute a Vigilance Cell consisting of Senior Deputy Superintendent of Police in overall charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the plac...

Anil P. Bansal and anr. Vs. Central Bank of India and ors.

Court: Mumbai

Reported in: 2003(1)ALLMR1100; 2003(3)BomCR433

A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India takes exception to the judgment and decree passed by the Small Causes Court on 29th April, 1992 in Appeal No. 220 of 1991. The premises in question are block Nos. 7-A and 7-B on the 7th floor of the suit building Chandramukhi on plot No. 316, Block No. IIP Backbay Reclamation, Nariman Point, Bombay 400021. The petitioners were the joint owners of the suit flats alongwith their aunt. The suit flats were subsequently transferred in favour of the petitioners after they became major. The respondents were inducted in the suit flats on leave and licence basis. But, since licence was subsisting on 1st February 1973, they became protected tenants by virtue of section 15A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The present suit was filed by the petitioners for possession of the suit flats before the Court of Small Causes, Bombay being R.A.E. Suit No. 1496/4851 of 1983 on the gro...

Brahm Vasudeva Vs. Union of India (Uoi) and ors.

Court: Mumbai

Reported in: 2002(4)ALLMR761; 2002(6)BomCR15

R.J. Kochar, J.1. The petitioner claims to be a displaced person, who came to India along with his father late Shri H.D. Vasudeva as a refugee and was registered on 13th November, 1947 as a refugee with the Ministry of Relief and Rehabilitation Government of India. The petitioner is aggrieved by the order dated on 6th June, 1998 passed by the Deputy Custodian of Evacuee Property of Mumbai in his Appeal No. EVP/Appeal /No.1/98 filed against the order passed by the Assistant Custodian of Evacuee Property, Mumbai on 16th March, 1998 holding that the petitioner was in an unauthorised and illegal possession of 2/3rd portion of the office premises and directing him to hand over the said office premises for the use as the office of the said authority, as it was facing problem for office premises. The main or the only ground on which both the authorities passed the impugned orders against the petitioner, was the alleged breach of terms of the conditions of the allotment of the accommodation, o...

Lakhanpal National Ltd. and H. Ono Vs. Commissioner of Customs and Cen ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Lakhanpal National Ltd., the assessee, was engaged at the relevant time in the manufacture of dry battery and electrical storage battery.There was dispute between the assessee and the department as to the admissibility of certain deductions from the sale price for arriving at the assessable value of the batteries, during the period between 1975 and 1986. The assessee had filed a writ petition to the Gujarat High Court, seeking issue of directions to the department to accept the deduction that it had claimed. By its orders passed on 30.9.1987, the High Court directed the assessee to file revised price list for the period under consideration directing the Assistant Collector to decide on the admissibility on the deductions claimed therein. Accordingly the assessee filed price list on 18.3.1988. The Assistant Commissioner passed order on 25.12.1988 allowing some deductions and disallowing some others. An appeal was filed to the Commissioner (Appeals) against that part of his order hol...

Modern Textile Rayon and Silk Mill Vs. Commr. of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2002)LC888Tri(Mum.)bai

1. The question for consideration in this appeal is the classification of the product that the appellant manufactures flocked fabric. The appellant claimed classification of the goods as printed fabric in Heading 54.09 of the tariff. The department proposed to classify the goods under 59.06 which includes fabrics covered partially or fully with textile flocks or with preparation containing textile flocks.Adjudicating on the notice issued to the appellant, the Asstt.Commissioner whose order has been confirmed by the Commissioner (Appeals), held that the goods rightly classifiable under 59.06. Hence this appeal.2. The contention of the representative of the appellant is that the process that is undertaken on the fabric is the kind of printing referred to as flock printing. He invited our attention to the definition of the term in Fairchild Dictionary of Textiles as "a type of printing consisting of the application of flock (very short fibres) to the surface of a fabric by means of an ad...

Sbm Engg. Products (P.) Ltd. Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2004)91ITD116(Mum.)

1. This appeal of the assessee has been directed against the order of the CIT(A), C-II, Mumbai, dated 11-12-1991 for the assessment year 1988-89. The grounds of appeal taken up by the assessee are regarding the (i) disallowance of carry forward of loss and (ii) disallowance of interest of Rs. 17,96,757 and proportionate insurance premium out of Rs. 52,254 relevant to plant and machinery.2. A return of income declaring loss of Rs. 56,60,000 was filed by the assessee company on 27-6-1988. The return was marked as provisional.Since audited profit and loss account and balance sheet and the auditor's report were not filed along with return, the Assessing Officer issued notice under Section 139(9) of the Act on 22-9-1988 asking the assessee to rectify the said defects within 15 days from the receipt thereof. Since the assessee had failed to rectify the defects, the return filed by the assessee was treated as invalid as per the provisions of Section 139(9) of the Act. Thereafter, the Assessi...

V. Shreenivasan Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2003(1)ALLMR1108; 2003(3)BomCR134; 2003(3)MhLj189

A.M. Khanwilkar, J.1. This writ petition under Articles 226 and 227 of the Constitution of India, takes exception to the order passed by the Minister of State for Co-operation dated 23rd January 1987 in Revision Application No. RVA-1679/2254/CR-19/15-C. The premises in question is Flat No. 14 admeasuring 770 sq.ft. carpet area in the building known as Sundram, Goradia Nagar, Ghatkopar (East), Mumbai 400 007. Respondent No. 4 society was registered some time in the year 1970. At the relevant time, it is stated that, the petitioner was the Chief Promoter of the Society. It is further stated that the subject flat was allotted to the petitioner some time in the year 1970, but possession thereof was made over to the petitioner in March 1973 by the respondent No. 4 society. It is the case of the respondent No. 4 society that the petitioner inducted one Mr. Pai in the suit premises as a consequence of that subletting and for other reasons, the respondent No. 4 society issued notice on 4-8-197...

Rambhau Diwakar Parkhedkar Vs. State of Maharashtra Through Its Secret ...

Court: Mumbai

Reported in: 2003(1)ALLMR1042; 2003(4)BomCR264

S.A. Bobde, J.1. Rule returnable forthwith. Heard by consent.2. This petition is directed against the order dated 5-5-2000, by which, the petitioner's caste claim that he belongs to 'Halba', Scheduled Tribe, has been negatived on the ground that in the extracts of school admission register, issued by the Head Master, the caste in respect of petitioner's grandfather, uncle and other relatives is clearly recorded as 'Koshti'.3. The main challenge by the petitioner is that the Police Vigilance Cell of the Committee neither collected any information regarding the social cultural traits, customs etc. in respect of the petitioner, nor did it make an enquiry as to anthropological and ethnical traits, deities, religious customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. According to the petitioner, the petitioner belongs to 'Halba' who have taken to weaving. In the present case, it is clear that the petitioner's caste claim that he belongs to 'Halba' has been neg...