Mumbai Court June 2003 Judgments

R.H. Sayyad Vs. the Maharashtra State Electricity Board, Through the M ...

Court: Mumbai

Reported in: 2004(1)ALLMR865

B.H. Marlapalle, J.1. The petitioner was appointed as a Lower Division Clerk on 15th June, 1959 and came to be promoted as Assistant Accountant w.e.f. 6.4.1970. He was further promoted to the Post of Divisional Accountant from 8th June 1971. On the basis of the decisions rendered by the Division Bench of this Court in Special Civil Application No. 3071/1973 and W.P. 2948/1979 as well as W.P. No. 79/1979, the respondent Board has re-drawn the seniority list of the employees in the Accounts Branch as on 31.3.1977 and the petitioner was shown at Sr. No. 104 in the said seniority list.2. By way of the instant petition, the petitioner raises a limited grievance regarding his promotion to the post of Accounts Officer with retrospective effect i.e. from 7th February, 1977. He has been promoted to the said post w.e.f 26th March, 1984 and he claims that his junior at Sr. No. 108, in the above referred seniority list, Shri N.S. Borkhede, came to be promoted to the said post from 7-2-1977, wherea...

Lily Babu Vs. Municipal Commissioner and ors.

Court: Mumbai

Reported in: 2003(4)BomCR476

Khandeparkar R.M.S., J.1. Heard the learned Advocates for the parties. Perused the records.2. The petitioner challenges the order dated 16-4-2001, passed by the Industrial Court, Mumbai, rejecting Complaint (ULP) No. 44 of 1998 filed by the petitioner. The grievance of the petitioner is that though initially she had disclosed her date of birth to be 22-9-1938 on the basis of the school leaving certificate. However, the petitioner was in fact born on 8-12-1945 and therefore based on circular dated 10-3-1986 the petitioner requested the respondent-Corporation to make necessary changes in her service records in relation to the date of birth of the petitioner but the same was illegally refused by the respondents and further the petitioner was served with the retirement memo dated 1-10-1996 stating that she would stand retired with effect from 1-10-1996. The refusal to carry out the necessary corrections in the service records pertaining to the date of birth of the petitioner inspite of doc...

Subhadra Bai and ors. Vs. Maharashtra State Road Transport Corporation ...

Court: Mumbai

Reported in: II(2004)ACC253; 2005ACJ1574

D.S. Zoting, J.1. This appeal is directed against the judgment and order dated 26.8.1985, passed by the Commissioner, Workmen's Compensation Cases, Latur in Application No. 1 of 1983, whereby the application filed by the present appellants who are the legal representatives of the deceased Ganpatrao Suryawanshi, came to be rejected.2. The case of appellants in short is that late Ganpatrao Suryawanshi was serving as driver, in the respondent Corporation. He was entrusted with the duty to take S.T. bus from Latur to Aurangabad on 5.10.1978 and to complete the second trip on the next day, by way of return journey from Aurangabad to Latur. In pursuance of the duty entrusted to the deceased Ganpatrao, he left Latur with S.T. bus at 11.55 a.m. and reached Aurangabad at about 6.30 p.m. After completing the first trip of journey up to Aurangabad, he left the bus in the depot of Aurangabad and started going to the house of his daughter at Aurangabad. He made a complaint of severe pain in his che...

Divyesh Shah, Piyush D Shah, Vs. Commissioner of Customs (Adj)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The above applications arise out of three separate adjudication orders of the Commissioner of Customs (Mumbai) involving common issues and are hence heard together and dispose of by this common order.2. In adjudication order No. 310/2001 dated 08/10/2001, the case of the Revenue is that exporting firms namely M/s. RKN Exports, M/s. VNS Exports and M/s. Kunal Exports have indulged in fraudulent exports under the Customs duty drawback scheme and that they were being controlled by the Directors of M/s. Cherry Fashions Ltd., Mumbai.Statements of Shri Prakash Shah, Director of M/s. Cherry Fashions Ltd., were recorded in which he stated inter-alia that two companies were floated in the name of M/s. RKN Exports and M/s. VNS Exports by Shri Piyush Shah and Shri Divyesh Shah with the help of one Shri Raghu Subramanium, an employee of their company for export of readymade garments under the Customs duty drawback scheme. Statements of Shri Piyush Shah were also recorded in which he admitted t...

Maharashtra Magnet Wires (P) Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Shri Naresh Thacker, learned Advocate appearing on behalf of the appellants submits that since the Department is pressurising to realize the amount of penalty and fine, the stay order dtd. 01/11/2002 granted in the matter may be extended till the final disposal of the appeal. He further submits that as per the directions given in the said stay order, the entire duty amount has been paid. He also submits that the fine of Rs. 5 Lakhs imposed may also be stayed till final disposal of the appeal. Besides, he brings to my notice that the Bank Guarantee for the total value of the goods of Rs. 2,20,000/- and bond for the total value of the goods of Rs. 21,91,360/- have been furnished in favour of the Department. His submission, therefore, is that in view of the facts of the case the fine may also be stayed till final disposal of the appeal. He also brings to my notice that Court No. 2 is granting such extension fairly 2. Shri S. Parelkar, D.R. appearing on behalf of the Revenue submits th...

Bharat Petroleum Corporation Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. In pursuance of the permission granted by the Commissioner the appellant kept in storage tanks of its refinery at Mahul in Mumbai used to store liquified petroleum gas (LPG) manufactured therein without payment of duty, a quantity of such gas which had been imported and cleared on payment of appropriate customs duty in March 1993. It is contended that the appellant subsequently by mistake paid excise duty on this consignment, and cleared it in the same month.2. In April 1993 the appellant cleared an equal quantity of goods manufactured by it without payment of duty. In September of that year, it paid duty on that quantity on an objection raised by the department.The appellant in the same month had filed a claim for refund of the duty stated to have been wrongly paid in March 1993. This claim was disallowed by the Assistant Commissioner whose order was confirmed on appeal by the Commissioner (Appeals). Hence this appeal.3. In the course of the arguments before me the counsel for the...

Sk. Hasan Sk. Khannu Rayaliwale Vs. State of Maharashtra

Court: Mumbai

Reported in: I(2004)DMC134

P.S. Brahme, J.1. The appellant Sk. Hasan Sk. Khannu Rayaliwale, along with his brother Sk. Mohammad and his parents Sk. Khannu Sk. Hasira and Pyaribai w/o Sk. Khannu, was tried for committing murder of his wife appellant Rannubai, for subjecting her to cruelty by wilful conduct and for making evidence of murder to disappear for the offences punishable under sections 302, 498-A and 201 I.P.C. in the Court of Additional District Judge, Akola in Sessions Trial No. 156 of 1997. In order to substantiate the charge, the prosecution examined in all eight witnesses including Dr. Sonone (P.W. 1), who conducted post-mortem on the dead body of deceased Rannubai, Jammanbai w/o Hasan Hirewale (P.W. 6), mother of the deceased, Hira Hasan Hirewale (P.W. 7), real brother of deceased Rannubai, who sent telegraphic message to police immediately after receiving telephonic message that deceased Rannubai sustained burn injuries and died on 4th April, 1997, on the basis of which offence was registered vide...

Vasant Namdeo Chavan Vs. Maharashtra State Road

Court: Mumbai

Reported in: 2003(4)BomCR473

Khandeparkar R.M.S., J.1. Since common questions of law and facts arise in both the petitions and as they arise from a common judgment passed by the Industrial Court, Mumbai, they were heard together and are being disposed of by this common judgment.2. The facts in brief relevant for the decision are that the petitioner filed a complaint before the Labour Court alleging unfair labour practices by the respondents. The petitioner was charge-sheeted to the effect that on 23-2-1992 after completing Bombay-Panvel-Mumbra trip he had misbehaved with his superior, that he had consumed liquor while on duty and he had delayed to deposit the cash amount collected from the passengers. He was referred to J.J. Hospital for his medical check up. After holding domestic enquiry and on completion of the necessary formalities of issuance of show cause notice, etc., the petitioner's services were terminated by order dated 30-6-1993. The Labour Court after hearing the parties, by its judgment and order dat...

Glaxo Group Ltd. and anr. Vs. Neon Laboratories Ltd.

Court: Mumbai

Reported in: 2004(29)PTC88(Bom)

S.J. Vazifdar, J.1. The plaintiff has filed this suit to restrain the defendants from using, manufacturing, selling, offering for sale and/or advertising or dealing in any manner by themselves, their servants, agents, distributors and stockists in any medicinal or pharmaceutical preparations in any form bearing the trade marks TOCILLIN', 'CEFTIN' and 'TREX' or any other trade marks which are deceptively similar to or are a deceptive variation of the plaintiffs marks 'CELIN', 'CEFTUM' and TROX'.2. Plaintiff No. 1 is a company incorporated under the laws of England. Plaintiff No. 2, Glaxo SmithKline Pharmaceutical Ltd., is a company incorporated under the Indian Companies Act, 1913. The plaintiffs manufacture and carry on business inter alia in medicinal, pharmaceutical and veterinary preparations. The defendants carry on a similar business.3. It is not necessary for me to decide the plaintiffs case regarding its trade mark CEFTUM as Mr. Tulzapurkar stated that the defendants do not inte...

Eicher Consultancy Services Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2003)(157)ELT432Tri(Mum.)bai

1. Sri. F.D. Souza, Ld. Representative appearing on behalf of the appellants had submitted that the amount of Rs. 16,322/- has been demanded on account of late payment. His contention is that though the cheques were presented before the due dates for the quarter in question, however, the same were encashed a day or two later and consequently the imposition of interest. The Ld. Consultant brought to my notice the instructions issued as per the Directorate of Service Tax Board F.No. V/DGST/33-Misc/46/2000 dated 23.8.2002 as under:- " It is observed that the identical issue has arisen in case of payment of Inland Air Travel Tax (IATT) by Sahara Airlines Ltd. The concerned authorities had imposed penalty and ordered recovery of the interest from the party since the cheques deposited by them towards payment of IATT were credited to the Government after the due date. The matter has now been decided in second appeal by the Government of India (Sahara Airlines Ltd. Vs. Commissioner of Custom ...