Mumbai Court October 2004 Judgments

Youth League Recreation Centre and anr. Vs. Municipal Council

Court: Mumbai

Reported in: 2005(2)ALLMR707; 2005(3)BomCR353

Kamdar S.U., J. 1. By the present petition, a declaration is sought that the land which was reserved for children's part under the development plan stood dereserved by virtue of the provisions of Section 127 of Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as M.R.T.P. Act).2. The petitioners are the owners in respect of land admeasuring about 21,275 sq. ft. bearing plot No. 18 situated on Nazul Sheet No. 10 within the limits of Municipal Council of Buldhana. It is the case of the petitioners that the said land was reserved for children's part in the development plan which was sanctioned on or about 24th June, 1975. The said plan according to the petitioners came into effect on 1st September, 1975. According to the petitioners, there was further minor modification to the said plan but, the reservation remained undisturbed. However, according to the respondents, the land was reserved for children's part in a final development plan which was notified on 29th Januar...

Union of India (Uoi), Ministry of Labour, Through the Welfare Commissi ...

Court: Mumbai

Reported in: (2005)107BOMLR926

B.H. Marlapalle, J.1. Heard. Admit. With consent of the parties taken up for final hearing. 2. This letters patent appeal arising from the judgment of this Court (Single Bench) in Writ Petition No. 153/99 raises an important question of law for our consideration, namely :-'Whether the termination of service of a Central Government employee by invoking the powers under the applicable Service Rules framed under Article 309 of the Constitution is required to be examined on the touch-stone of Articles 311, 14 and 16 of the Constitution of India, or, on the ground of failure to comply with the provisions of Section 25F of the Industrial Disputes Act, 1947?'Writ Petition No. 153/99 was filed under Articles 226 and 227 of the Constitution challenging the award passed by the Central Government Industrial Tribunal II on 18th June, 1998 in Reference No. CGIT-2/39/1986 and by the said order the present respondent No. 2/employee was directed to be reinstated with continuity in service and with ful...

Bhagwant Suryabhan Harkal Vs. Maharashtra State Road Transport Corpora ...

Court: Mumbai

Reported in: 2006ACJ1923; 2005(2)ALLMR501

D.G. Karnik, J.1. Mr. A.B. Dhongade, learned Counsel undertakes to file vakalat nama within a week on behalf of the respondents. The undertaking is recorded and accepted and he is heard.2. This appeal is directed against the judgment and Order dated 3.8.1990 passed by a Member, Motor Accidents Claims Tribunal, Ahmednagar (for short, 'the Tribunal') in Claim Application No. 93 of 1987. Appellant was driving an autorickshaw at the relevant time. A bus belonging to the respondent No. 1 driven by respondent No. 2 came in the opposite direction and dashed against the autorickshaw of the appellant. The autorickshaw overturned and the appellant suffered several injuries. Appellant was first admitted in the Civil Hospital, Ahmednagar and later on was sent to Aurangabad Hospital for further treatment. The accident took place on 30.9.1986 and appellant remained in the two hospitals till 30.10.1986. The appellant suffered fracture of the shaft of femur and other injuries and despite medical treat...

Bhurmal Ramkaran Sharma Vs. Gulabchand Shankarlal JaIn and ors.

Court: Mumbai

Reported in: 2005(1)ALLMR838; (2005)107BOMLR48

S.U. Kamdar, J.1. Inspite of the fact that the present petition is pending for admission since 1997, learned Counsel for the petitioner once again sought for an adjournment. A perusal of the record indicates that a large number of adjournments were sought in the past for the purpose of carrying out amendments to the petition and/or for some other irrelevant reasons. In view of this position, we are constrained to reject a further application for adjournment in the matter.2. The present petition is challenging an order dated 4th September, 1996 passed by the Tahsildar under the provisions of the Maharashtra Debt Relief Act, 1975.A few but, glaring facts of the present case which indicates the ingenuity of the lawyers utilising the provisions which are made for protection of under-privileged class of the citizens are set hereinafter.3. The provisions of the Maharashtra Debt Relief Act, 1975 (hereinafter referred to as 'the said Act') was enacted with a view to grant immediate urgent debt...

Commissioner of Customs Vs. Dimple Overseas Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. These appeals are being decided by this common order as they arise from a common order of the Commissioner (Appeals).2. The issue involved in these appeals by Revenue against the order of the Commissioner (Appeals) is - i) Whether the declared contract invoice price could be accepted as the transaction value under Rule 4 of the Customs Valuation Rules 88? and ii) Whether the demand Show Cause Notice issued for the short levy of duty based on the prices as observed from standard international journals i.e. PLATT (for South East Asia)? 3. It is the case of Revenue that Chem System Korea and PCI Plastics (Asia/Far East Asia) and PLATT publications, were showing-much higher prices than prevailing in the market in the course of wholesale trade/transactions and there was no reason put forth by the importer why the above international journal prices were not valid. There was also no evidence or any convincing reason as to why the suppliers of the consignment under import had effected the ...

Maniyar Plast Ltd. Vs. the Commissioner of Central

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Shri V.S.Nankani, Ld. Advocate appearing for the appellant draws our attention to annexure B- of the show cause notice appearing at page 15 of the paper book. He submits that as recorded in the said annexure, entire demand of duty was deposited by them even before the issuance of the show cause notice. It is only in one of the cases appearing against Serial No. 7 of the said annexure that there remains balance of approximately Rs. 4 lakhs to be deposited. As such, he submits that inasmuch as the entire duty stands deposited by them even before the issuance of the show cause notice, the Commissioner's order imposing penalty under the provisions of Section 11AC and confirming interest under Section 11AB is not justified. He places reliance on the Larger Bench decision of the Tribunal in the case of CCE, Delhi v. Machine Montell (1) Ltd., reported in 2004 (62) RLT 709 (CESTAT-LB).2. As regards the demand of duty of Rs. 5,55,964/- raised on the ground that the same was availed on the b...

Garden Silk Mills Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(179)ELT105Tri(Mum.)bai

1. The Miscellaneous Application is for rectification of the mistakes in Order No. C-II/2905/WZB/03 dated 12-11-2003 [2004 (163) E.L.T. 326 (T)] by which the appeal was rejected but the penalty was brought down from Rs. 50.00 lakhs to Rs. 35.00 lakhs.2. Arguing on the application Mr. Willingdon Christian, draws our attention to the fact that the Tribunal has considered that 27757.750 kg of finished texturised yarn was in excess whereas the fact is that the same was 26,365.50 kg. He further submits that a cumulative penalty was imposed which was not correct. Our attention has also been drawn to various other grounds raised in the Miscellaneous Application. However, after hearing the SDR, we find that all these pleas are on merits of the case and cannot be said to be the mistakes which are apparent on the face of the records. The prayer to reduce quantum of penalty cannot, by any stretch of imagination be considered as a mistake on the part of the Tribunal. It has been held by the Hon'b...

Cce Vs. Bharat Plastics

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(118)LC505Tri(Mum.)bai

1. The dispute in the present appeal of revenue is as regards the correct classification of PVC lump waste and PVC film waste and also the applicability notification No. 53/88 dated 1.3.88. I have considered the appellants contentions. I have also gone through the order of the JAC. Waste, in the appellants case, is arising at different stages of manufacturer of PVC film starting with PVC resin, as raw material. Cuttings of films, however, emerge at the time of trimming of the uneven edges of the PVC film. Both these types of wastes are covered under the chapter heading and sub-heading 3915.90. As per Sr. No. 19 of Notification No. 14/92, dated 1.3.1992 as amended by plastic are chargeable to Nil rate of duty if these arise from duty paid goods falling within chapter 339 of any other chapter of the schedule to Central Excise Tariff Act, 1985 or CVD paid goods under Section 3 of the Customs Tariff Act, 1975. In the appellant's case waste, paring and scrap arise out of the starring mater...

David Dhawan Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2005)92TTJ(Mum.)161

1. This is an appeal filed by the assessee and is directed against the order dt. 24th Jan., 2001, in the matter of assessment under Section 143(3) of the IT Act, 1961, for the asst. yr. 1997-98.2. During the course of hearing before us, learned counsel did not prefer to advance any specific arguments in support of first ground of appeal, i.e., against quantum of CIT(A)'s confirming the disallowance in respect of personal use of electricity expenses, motor car expenses and telephone expenses. He relied upon the submissions before the authorities below which are on record, and which we have carefully gone through. Having given our thoughtful consideration to material on record, and having carefully perused the orders of the authorities below, we do not see any need to interfere in disallowance of two-third of electricity expenses and one-fourth of car maintenance, car depreciation and telephone expenses. We approve the same and decline to interfere in the matter.4. In ground No. 2, the ...

The State of Maharashtra (Through the Special Land Acquisition Officer ...

Court: Mumbai

Reported in: 2005(2)ALLMR63; 2005(3)BomCR386

Nishita Mhatre, J.1. The Appeal challenges the judgment and order in Land Acquisition Reference No. 24 of 1982 whereby the claimants were awarded additional compensation of Rs. 6,78,355.75 with interest @ 12% per annum from the date of the order till realisation and the cost of the Reference. The appeal is limited to the extent as to whether the claimants can be awarded interest on compensation of 12% where the award is made prior to 30.4.1982.2. The lands in Panvel Taluka, District: Raigad were acquired for the New Bombay project. The land of the claimants was acquired under a notification dated 3.2.2000 issued under Section 4 of the Land Acquisition Act which was published on 4.2.1970. The award was made in respect of acquired lands on 7.9.1981. The claimants claimed enhanced compensation by filing a Reference under the Act. The reference Court has granted compensation @ 12% interest per annum as provided under Section 23(1A) of the Land Acquisition Act amounting to Rs. 2,68,965/- ap...