Mumbai Court February 2004 Judgments

Shri Manohar V. Barad Vs. Union of India (Uoi) and ors.

Court: Mumbai

Reported in: 2004(3)ALLMR266; [2005(105)FLR524]; 2004(3)SLJ107(Bombay)

N.N. Mhatre, J.1. This petition impugns the order of the Labour Court passed Under Section 33-C(2) of the Industrial Disputes Act. The application filed by the petitioner has been dismissed on the ground that it suffers from inordinate delay and laches and because the petitioner has been unable to prove that he was entitled to a higher salary. As regards the maintainability of the application, the Labour Court has held that 'the application is maintainable.2. The dispute arises in the following manner:The petitioner was employed as Junior Clerk in S & M Railways on 23.9.1945. On 20.7.1954, he was appointed as Assistant Station Master and subsequently offered the post of Passenger Guide and thereafter, he worked as Ticket Collector. The post of Commercial Clerk and Assistant Station master were entitled to certain grades. Writ Petitions were preferred by Asst. Station Master and Commercial Clerks in order to put at rest the anomaly which had crept into the two grades. The petitioner had...

Faber-castle Aktiengesellschaft Vs. Pikpen (P.) Ltd.

Court: Mumbai

Reported in: [2004]54SCL397(Bom)

D.G. Karnik, J.1. This motion is taken out by the plaintiffs seeking relief under Order 39 Rule 2A of the Code of Civil Procedure against the defendant and its director who are alleged to have committed breach of the order of injunction passed by this Court on April 30 and May 2, 2003 in Notice of Motion No. 2/03 as modified by an order dated 4th July, 2003.The facts giving rise to present motion are stated below :2. The plaintiff No. 2 is a subsidiary of plaintiff No. 1 and is a part of Faber-Castle Group and is inter alia is engaged in the business of manufacturing and marketing art material products, stationery products, drawing and painting instruments and text markers which are used for highlighting typewritten or fax text in fluorescent colours. The plaintiff No. 2 manufactures and sells text markers under the brand name 'Faber-Castle' world wide and in India for the last many years. The defendant introduced a product having similar characteristics of highlighting typewritten tex...

Zilla Parishad and anr. Vs. Moreshwar S/O Vithobaji Mendhekar and anr.

Court: Mumbai

Reported in: 2004(4)BomCR680; 2004(4)MhLj123

S.T. Kharche, J. 1. This writ petition takes an exception to the order dated 31-1-1991 passed by the Industrial Court, Nagpur, in Revision (ULPA) No. 96 of 1990 whereby the revision was allowed and the order dated 1-2-1990 passed by the Labour Court in Complaint (ULPA) No. 384 of 1986 was modified and it was declared that by terminating the services of the complainant, the respondents have engaged in unfair labour practice under Item No. 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short the Act) and directing the respondents to reinstate the complainant/respondent No. 1 in service with continuity of service and pay full back wages from 15-5-1986 till the date of reinstatement.2. Relevant facts are as under :Respondent No. 1/complainant was appointed as Waterman with effect from 4-12-1984 and he joined his duty from 5-12-1984. He was in continuous employment of the petitioner since then till 15-5-1986 when his ...

Shankar Keshav Madane Vs. State of Maharashtra

Court: Mumbai

Reported in: II(2004)DMC200

V.G. Palshikar, J.1. Being aggrieved by the judgment and order of conviction and sentence passed on 12.1.2000 by Additional Sessions Judge, Islampur in Sess. Case No. 130/99 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned Advocate appearing on behalf of the appellant before us.2. With the assistance of the learned Counsel for the defence and the prosecution we have scrutinized the record and reappreciated the evidence.3. The prosecution story on reappreciation of evidence on record stated briefly is that the accused and his wife were married and they had three issues borne out of the wedlock. There used to be frequent quarrels between the man and the wife. On 26.3.1998 in the night at about 8.30 the victim was preparing food and was burnt. She was admitted to hospital where two dying declarations of the victim were recorded by the Special Executive Magistrate. Accepting one dying declaration the...

Cce Vs. Apcotex Lattices Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(115)LC155Tri(Mum.)bai

1. The Revenue challenges the order of the Commissioner of Central Excise, in so far as it relates to dropping demand of Rs. 40,713/- relating to manufacture and clearance within the factory of M.S.Storage Tanks, M.S. Distillate Collection Vessel, Intermediate Mixed Solution Tank, SS-304 Vessel, T.S. Vessel, holding that these goods were eligible to exemption under Notification No. 67/95-CE dated 16.3.1995. These goods were held to be satisfy the definition of capital goods contained in Rule 57Q of the Central Excise Rules and used for producing or processing of good within the same factory.According to the Revenue, the above goods are not capital goods as defined in Rule 57Q as they do not have a direct role in processing or producing of excisable goods and are not specifically covered under the specified description/sub-heading under Rule 57Q.2. We have heard both sides. The goods in question are in the nature of storage tanks and vessels. The Tribunal has held in several decisions ...

Parke Davis (India) Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The appellants are manufacturers of P or P medicines falling under Chapter 30 and bulk drugs falling under Chapter 29 of CETA.2. The appellants' case before the Commissioner is summarized by the Commissioner in para 6, page of her order which reads as follows: "The case put forward by the assessee in brief is that when their final products Chloramphenicol IP Capsules and Chloramphenicol Palmitate Suspension were approved for payment of NIL rate of duty w.e.f. 1.2.92 they mistakenly continued to avail of total exemption under Notification No. 217/86 during 1.2.92 to 14.12.92 for their intermediate bulk drugs Chloramphenicol IP and Chloramphenicol Palmitate IP captively consumed though the intermediate drugs were not eligible for exemption. This mistake occurred on the part of the assessee as also of the Department since the Department by approval of NIL rate of duty for the intermediate drugs claimed in their classification list had endorsed the assessee's claim. On being pointed ou...

Tiger Umbrella Inds. and ors. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(175)ELT453Tri(Mum.)bai

1. The above appeals involve common issues and hence heard together and disposed of by this common order. M/s. Tiger Umbrella Industries, Daman are 100% Export Oriented Unit for the manufacture of umbrella covers. In 1987, they imported 1,89,000 yards of Nylon Cloth duty free under 3 Bills of Entry for manufacture of umbrella covers. On 15/10/87, their premises were searched and a shortage of 1,35,305 yards of nylon cloth were detected, out of which 44,154 yards were found at M/s. R.P. Industries, a Domestic Tariff Area unit.3. M/s. Textoplast Industries are 100% EOU set up for the manufacture of dobby designed Polyester films. They imported 512 Rolls of Polyester Film of Japanese origin weighing 37,852 kgs. during the period May, 1985 to June, 1987 duty free in terms of Notification No. 13/81 dated 9.2.81. Search of their premises in October, 1987 resulted in detection of shortage of 31042 kgs. polyester film which was alleged to have been removed to M/s. R.P. Industries and sold the...

ispat Industries Ltd. Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(167)ELT539Tri(Mum.)bai

1. The appellants were issued notice by the Superintendent, Central Excise, Nagpur on the grounds that they had imported Roller Bearing during the month of March, 1989 and bonded them. When the goods were cleared on an Ex-bond B/E from the bonded warehouse at Nagpur. It was found that the duty was short paid and the assessee was required to pay the less charged amount of duty under Notification No. 70/89 dt.01.03.1989 demanded under the provisions of Section 28 of the Customs Act, 1962.2. The Asstt. Collector found that the issue involved was the classification of 'Roller Bearing' and 'Ball Bearing' units and had classified item No. 1 in the B/E i.e. Plummer Blocks, Adapter Sleeves part of the adapter (lock nut & washer) and item No. 2 i.e. 'Ball Bearing unit' which is nothing but the part of Plummer Block are rightly classified as 8483.30 of the Customs Tariff Heading and paid the duty as per Tariff. The item No. 2 i.e. 'Roller bearings' are having the diameter size more than 85 ...

Smita International Vs. Commissioner of Customs (Gen.)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(167)ELT219Tri(Mum.)bai

1. In this case, the Adjudicating authority has suspended CHA licence of the appellants under Regulation No. 21(2) of the CHALR-1984 by his order dated 30-1-2003, on the basis of communication received from the Commissioner of Customs (P) that the CHA admitted signing of Bill of Entry for import of Green Mung Beans which on examination was found to contain only some waste mung dal along with cartons of cigarettes of foreign origin concealed with the mung waste and permitted use of his licence by one Shri Ishwar Ramesh Gori Bhanushali, partner of M/s.Vidhi Forwarders and he also admitted that he did not know the whereabouts of the importer. (The Bill of Entry for home consumption was filed in the name of M/s. Avadh Agri Exports, Gujarat by the CHA) 2. The appellants bring to our notice that it is only in January, 2004 that a show cause notice in terms of Regulation 23 of the CHALR, 1984 was issued which is yet to be replied to and adjudicated upon, involving a considerable length of ti...

Vijay S/O Suryabhanji Kshirsagar Vs. State of Maharashtra

Court: Mumbai

Reported in: 2004(2)MhLj39

D.G. Deshpande, J.1. Heard Shri Daga, learned counsel for theappellant and Shri Mirza, learned Additional Public Prosecutor for therespondent-State.2. The accused, Vijay Suryabhanji Kshirsagar, who is the only accused and appellant in this appeal has filed this appeal, challenging his conviction under Section 302 of Indian Penal Code and the related judgment dated 7-11-1997 delivered by the 2nd Additional Sessions Judge, Wardha, by which he was sentenced to imprisonment for life. The accused is convicted for committing the murder of his wife Pushpa with whom he was married in the year 1990 and whom he murdered in the year 1997. It is a case of setting Pushpa on fire by the accused.3. The appellant, thereafter applied for bail but the Division Bench of this Court by its order dated 23-2-1998 permitted the appellant to withdraw the said application. Thereafter the appellant-accused applied for temporary suspension of sentence and grant of bail on the around that his mother Smt. Sumanbai ...