Mumbai Court October 2004 Judgments

Vidyut Karmachari Pat Sanstha Maryadit Vs. Ratansingh Ramsingh Khande

Court: Mumbai

Reported in: 2005(1)ALLMR530; (2005)107BOMLR99

A.H. Joshi, J.1. This is revision application under Section 115 of the C.P.C. filed by original defendant. The admitted facts can be narrated briefly as follows.2. The non-applicant/ori. plaintiff is a member of applicant/defendant, which is a co-operative society registered under the Maharashtra Cooperative Societies Act, 1960. The non-applicant admits to have borrowed from the applicant in 1994 and had received the disbursement of a sum of Rs. 20.000/- and commenced with the repayment by monthly installment of Rs. 500A by deduction from salary. According to the non-applicant/ plaintiff, that apart from the monthly deduction, in total approximately a sum of Rs. 43.000/- which is more than double the loan amount, however, the society was still showing the outstanding debt of Rs. 11.320/-.3. As regards cause of action, the plaint discloses the statement contained in Para 14 as follows:14.- The plaintiff, therefore, issued notice through his Counsel to the defendant on 30.7.1999 for with...

Arya'S Dyeing And Printing Pvt. Vs. Commissioner Of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. After hearing both sides and considering that the issue involved could be decided, the main appeal is taken up for disposal after waiver of the pre-deposit required.2. The Learned Commissioner has ordered for recovery of duty of excise equal to the aggregate of Customs duty on the finished goods which were cleared for sale against CT-3 Certificate but in respect of which the original copies of rewarehousing certificates from the consignee's Range Office were not received within 90 days.3. The Learned Commissioner has also confirmed demand of duties of excise equal to the aggregate of customs duties on the raw materials procured duty free from other 100% EOUs and consumed in the manufacture of the aforesaid finished goods. Thus, he has demanded duties at both stages of raw materials and the finished goods.4. The appellant is an 100% EOU engaged in the manufacture of MMF and Polyester knitted Fabrics and for this purpose procured raw material against CT3 certificates in terms of Cent...

Nicholas D'Souza Garage And SelIn Vs. the Commissioner Of Central

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Both the applications are being disposed off by a common order as they arise out of the same impugned order of Commissioner vide which, he has confirmed the demand of duly of Rs. 93,98,094/- Lakhs (Approx) against the Nicholas D'souza George along with imposition of personal penalty of equal amount. In addition, personal penalty of Rs. 19 lakhs has been imposed on the other appellant, Shri. Selin D'souza George.2. After hearing the Ld. Advocate of the appellant, we find that Nicholas D'souza was engaged in the business of fabrication of Motor vehicles bodies on chassis as also in the alteration of motor vehicle like conversion of jeeps into cash vans. Duty of Rs. 20 lakhs upon has been confirmed against the appellant on the ground that during the period 1998-February 2001, the motor vehicles fabricated on the chassis was classifiable under heading 8707 as against the appellants claim of classification under heading 87.04. The amount of Rs. 8.75 Lakhs has been confirmed for the peri...

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2005)1SOT243(Mum.)

This appeal is filed by the revenue. The relevant assessment year is 1995-96. This appeal is directed against the order passed by the CIT (A)-XLIV at Mumbai on 28-5-2001 and arises out of the assessment completed under section 143(3) of the Income Tax Act, 1961.The assessee-company in this case is involved in the manufacture of icecream. During the previous year relevant to the assessment year under appeal, the assessee-company along with its sister concerns had formed a consortium designated as Kwality (West) for the purpose of disposing of various assets and trademark to indenting parties. The assignments of the assets and rights as proposed by the consortium was made in favour of M/s. Brooke Bond Lipton India Limited for a consideration of Rs. 24.70 crores. The sum total of the consideration of Rs. 24.70 crores as stated above consisted of various payments made towards transfer of assets and rights such as trademark, lease of vehicles, sourcing deposit, non-compete agreement, franc...

Shri Chandrakant B. Dhumal Vs. Advani Oerlikon Limited and Shri D.M. K ...

Court: Mumbai

Reported in: 2005(2)ALLMR665; 2005(3)BomCR398; [2005(106)FLR366]

Nishita Mhatre, J.1. This Petition challenge the award of the Labour Court rejecting the Reference for reinstatement with continuity of service and full backwages.2. The facts involved in the present case are as follows:The Petitioner was employed as an Electrician with Respondent No. 1 company since 1.11.1976. He claimed to be an active member of the Union representing the workmen employed with Respondent-Company. On 4.2.1989, he was issued a chargesheet wherein several acts of misconduct had been alleged against him. In his reply to the chargesheet, the petitioner denied all the allegations made against him. As his explanation was not found to be satisfactory, an enquiry was conducted against him. Several witnesses were examined at the enquiry. The enquiry officer submitted his report on 16.7.1989 holding the petitioner guilty of three out of the 15 charges levelled against him. The Enquiry Officer held that it was established that the Petitioner had conducted a meeting of workers ne...

Govind Vithal Patwardhan (Since Deceased Through His Heirs and Legal R ...

Court: Mumbai

Reported in: 2005(2)ALLMR363

R.M.S. Khandeparkar, J.1. Heard the learned Advocates for the parties. perused the records.2. The petitioners challenge the concurrent orders passed by the Courts below decreeing the suit for eviction of the petitioners from the suit premises on the ground of default in payment of rent.3. Few facts relevant for the decision are that the petitioners are tenants in relation to the suit premises comprising of two rooms situated at City Survey No. 1173, Peth Bhag, Harbhat Road, Sangli. The original monthly rent of the suit premises was Rs. 41/-. However, the petitioners filed an application for fixation of the standard rent in relation to the suit premises wherein order for interim rent payable by the petitioner came to be passed by the Court on 8-1-1985. Thereafter, on 14-1-1985 the respondents issued a notice to the petitioners which was received by the petitioners on 15-1-1985, demanding rent accordingly for the period from 1-7-1980 till the date of receipt of the notice. The petitioner...

Appasaheb Maruti Shedge Vs. the State of Maharashtra and Mumtaz Mohhme ...

Court: Mumbai

Reported in: 2005CriLJ1503

V.M. Kanade, J.1. Appellant is challenging the judgment and order passed by the 7th Ad-hoc Additional Sessions Judge, Pune in Sessions Case No. 420 of 2002 dated 26/11/2002 whereby the appellant was convicted under Section 376(2) of the Indian Penal Code and was sentenced to undergo R.I. for seven years and to pay fine of Rs. 5,000/- and in default suffer S.I. for one year.2. Prosecution's case is that the daughter of the complainant while returning home after purchasing the vegetables from the market was called by the accused in his house and she accompanied the accused in his room on the first floor. Thereafter, the accused closed the door and committed rape on her and, thereafter, when the prosecutrix went back to her house, she narrated the incident to her mother. The incident in question is alleged to have taken place on 12/7/2002. Thereafter, the complainant had gone to see the accused and had give two slaps on his face and asked as to what he had done to her daughter. At that ti...

Vatsala Narayan Maske and ors. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2005(2)BomCR55

Joshi A.H., J.1. This is a petition filed by Narayan s/o Sitaram Maske, who is no more and the petition is prosecuted further by his Legal Heirs since the claim involved in this petition is a pecuniary claim. Original petitioner is referred to herein after for brevity and convenience as 'The Petitioner'.2. As pleaded by the petitioner, he entered the employment of a Primary School at Katol on 16-6-1948 and had changed the employment from time to time. He was in the employment of Nava Pratibha High School, where he entered his service on 1-7-1964 and served in Kurve's New Model High School till 30-12-1985 when he was superannuated, when he completed 58 years of age.3. The petitioners has challenged his superannuation on completing 58 years of age. It is seen that he was required to litigate up to Supreme Court, and after remand to the School Tribunal, he ultimately succeeded where his plea that for him age of retirement was to be 60, was accepted. The said order of the School Tribunal i...

A.M. Kapur (Captain) and ors. Vs. Deputy Registrar, Co-operative Socie ...

Court: Mumbai

Reported in: 2005(2)BomCR803

Rebello F.I., J.1. Both the petitions are being disposed of by this common order, as the issues involved are the same.Writ Petition No. 270 of 2003 is filed by petitioners Nos. 1 to 4 as members and share holders of the respondent No. 5 which is a society duly registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. It is the case of the petitioners that the respondent No. 1 had initiated action under Section 78 of the Maharashtra Co-operative Societies Act, against the petitioners at the instance of respondent Nos. 3 and 4. The petitioners seek to challenge the notice dated 12-10-2001 and the order passed under Section 78 of the Act dated 1-12-2001. It is also pointed out that bye-laws have been framed and approved by the Registrar in the year 1961. In terms of the bye-laws, the Managing Committee of the petitioner No. 5 society is to be elected by rotation and as such, every year 1/3rd members have to retire. The tenure of the Managing Committee is of thre...

Sunita Haridas Dhait Vs. Dr. B.R. Ambedkar Shikshan Sanstha and ors.

Court: Mumbai

Reported in: 2005(3)ALLMR788; 2005(2)BomCR761

Sinha D.D., J.1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.2. In the instant case, the petition is directed against the impugned order dated 25-5-1990, passed by the Education Officer (Secondary), whereby the approval to the post of Junior Clerk held by the petitioner at the relevant time was refused. The Counsel for the petitioner contended that the petitioner was appointed vide order dated 29-8-1987 passed by respondent No. 1 Management whereby the petitioner was appointed as a junior Clerk. The petitioner joined the service on 3-9-1987 and the case of the petitioner was forwarded to the Education Officer (Secondary) for consideration of grant of approval to the petitioner. The learned Counsel for the petitioner contended that the Education Officer passed the impugned order dated 25-5-1990 and refused the approval without any reason or justification. Learned Counsel states that the order impugned is completely non-speaking order and there are no...