Mumbai Court April 2004 Judgments
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C.C. Ex. Vs. Vijay Fire Protection Systems
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-07-2004
Reported in: (2004)(170)ELT20Tri(Mum.)bai
1. Heard both sides & considered the grounds in Revenues appeal & the cross objection filed by Respondent. It is found- a. Assessee is engaged in the manufacture of Fire Protection Systems & Components. They clear the excisable goods to independent buyers as well as supply the same against 'Work Centrals' entered for Turnkey Projects at site. The valuation for the purpose of duty of excisable goods cleared for own use and for use in work sites was arrived at under Section 4((1) (b) of the Central Excise Act, 1944. They were issued a notice demanding duty on the goods cleared for own use & in Turnkey Project on basis of value of similar goods cleared to individual buyers. That was confirmed by the AC but set aside by the CCE(Appeals) by considering the buyers as of different class & by applying the valuation Rules of Costing. b. The entities are transferred by the assessee from one identity to another and captively consumed or supplied to Turnkey Projects. There is ...
Vakharia Traders and Shri Biren H. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-07-2004
Reported in: (2004)(173)ELT287Tri(Mum.)bai
1. Vide his impugned order, the Joint Commissioner of Central Excise & Customs, Surat confiscated 123 pcs of man made fabric recovered and seized from the appellants factory on the ground that the same was not entered in R.G.1 Register at the time of visit of Central Excise Officers, with an option to the appellant to redeem them on payment of fine of Rs. 70,000/-. In addition, duty of Rs. 1,68,030/- has been confirmed on the ground that the appellant had clandestinely removed 590 pcs of man made fabric. The above fact is based upon the scrutiny of lot register which was incomplete for the last two years, as also upon the statement of Shri Biren H. Vakharia, partner of the appellant company. Penalty of Rs. 2 lakhs has been imposed on M/s. Vakharia Traders and Rs. 25,000/- has been imposed on the second appellant Shri Biren H Vakharia, partner of M/s. Vakharia Traders under the provision of Rule 209A of Central Excise Rules, 1944.2. Heard Shri M.N. Saiyed, Ld. Consultant appearing ...
Krishna Ganapat Kasar Vs. India United Mills No. 2, a Unit of Ntc Ltd. ...
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(3)BomCR691; [2004(102)FLR188]; (2004)IIILLJ717Bom; 2004(3)MhLj22
Nishita Mhatre, J. 1. This petition impugns the order of the Industrial Court whereby the Industrial Court whereby the Industrial Court has dismissed the complaint on the ground that the petitioner has not made out a case under Items 5, 9 and 10 of Schedule IV of the MRTU and PULP Act and has also not been able to explain the delay in filing the complaint.2. The facts giving rise to the present petition are as follows : The petitioner was employed in the retail cloth shop of respondent No. 1 mill. He was issued a retirement memo on 26-11-1989 retiring him w.e.f. 9-6-1990 at the age of 60 years. The petitioner challenged this action of the respondent-mill by filing complaint (ULP) No. 758 of 1990. The main contention raised in the complaint was that the petitioner should be continued in service till the age of 63 years just as the mill workers are continued till the age of 63 years. According to the petitioner, retiring him at the age of 60 years attracted the provisions of Items 5, 9 a...
Sunilsing S/O Shankarsing Thakur Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(3)MhLj194
P.S. Brahme, J.1. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent in both appeals.2. These appeals by appellants - original accused No. 1 Sunilsing Thakur and original accused No. 3 Shaikh Razzak Shaik Abdul Nabi, arise out of judgment and order passed in Sessions Case No. 122 of 2002 by the III Ad-hoc Additional Sessions Judge, Jalgaon, whereunder the appellants and one Vijaykumar Ramsing Verma (original accused No. 2) were convicted for offences under sections 399 and 402 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for three years on each count and to pay fine of Rs. 5,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of six months for each default. Both the substantive sentences were to run concurrently.3. The prosecution case, in brief, is that two police constables, namely, Prithwiraj (PW 4) and Harun Bagwan (PW 5), then attached to Erandol poli...
Shri R.A. Gonsalves (Since Deceased, Through Heirs Ms. Cora M. Gonsalv ...
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(5)BomCR85; (2005)107BOMLR773; 2004(3)MhLj949
Nishita Mhatre, J.1. This Petition arises from an award of the Industrial Tribunal rejecting the reference made to it for adjudication of the dispute between the original petitioner R.A. Gonsalves (for short, 'employee' and the first Respondent. The employee has expired during the pendency of this petition and, therefore, by an order of 7.10.2002, his heirs had been brought on record.2. The limited issue involved in this Petition is whether the original petitioner was a workman as defined under Section 2(s) of the Industrial Disputes Act. The employee was working as a. Handyman w.e.f. 13.1.1972 with Respondent No. 1 and was later promoted from time to time. He was designated as a Supervisor w.e.f. 1.4.1977. His services came to be terminated by an order dated 24.8.1981 with immediate effect under the provisions of Clause 21 of the Model Standing Orders. Aggrieved by this decision of Respondent No. 1, the employee raised an industrial dispute which was referred for adjudication before t...
Tapria Tools Limited Vs. Eastman Cast and Forge Limited
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(28)PTC528(Bom)
S.C. Dharmadhikari, J.1. By this notice of motion plaintiffs pray for an injunction restraining defendants from in any manner applying or causing to be applied relation to wrenches and pliers or any other goods contained in Clause 0.1 of 4th Schedule of Designs Act and Rules thereunder, designs described in Exhs. C and E to the plaint or any other design which is identical to or deceptively similar to or a fraudulent imitation of the plaintiffs registered designs Nos. 167097 and 178415 in Class 01 described in Exh.A and B to the plaint so as to pirate the plaintiffs registered design Nos. 167097 and 178415 in class 01 or from doing anything with a view to enable the plaintiffs design Nos. 167097 and 178415 from being pirated.2. Plaintiffs have also applied for an interim injunction to restrain the defendants from in any manner applying or causing to be applied to wrenches and pliers or any other goods the designs described in Exh. A & B to the plaint, or any other design or designs whi...
Sneh Sadan Co-op. Hsg. Soc. Ltd. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-07-2004
Reported in: AIR2004Bom315
ORDERF.I. Rebello, J.1. By the present petition, the petitioner impugns the order of the Revisional Authority dated 26-5-2003 passed in Revision Application No. 244 of 2003. By the said order, the Revisional Authority reversed the order of the Appellate Authority dated 20-3-2002 which had rejected the appeal preferred by Respondent Nos. 4 and 5. The relevant law is the provisions of the Maharashtra Co-operative Societies Act as also the certified by-laws of the Petitioner Society.2. An appeal was preferred by Respondent Nos. 4 and 5 as petitioner herein by letter dated 20-9-2001 addressed to the Advocate for the said Respondents had rejected their application for membership. It was the case of the said Respondents that they had applied for membership by letter dated 22-3-2001. Along with letter they had submitted the necessary documents. The letter contains several grounds as to why membership of the said respondents has been rejected. Aggrieved by the same. Respondent Nos. 4 and 5 pre...
Suresh S/O Ganpatrao Lade and anr. Vs. Sudhakar S/O Tukaram Balpande a ...
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(3)MhLj1002
S.T. Kharche, J.1. By invoking the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, the original plaintiffs have filed this second appeal being aggrieved by the Judgment did. 11th October, 1988 passed by the learned Additional Sessions Judge in Regular Civil Appeal ` 23/83 whereby the appeal came to be dismissed and the judgment and decree passed by the trial Court on 27th December, 1982, dismissing the suit of the plaintiffs seeking partition and separate possession of his share is confirmed on the ground that the second suit for the same cause of action has been barred by the provisions of Order II, Rule 2 of the Code of Civil procedure.2. Brief facts are required to be stated as under :The agricultural land bearing survey No. 146/2, admeasuring 11 acres 21 gunthas is situated at village Sherala and the said land was purchased by the plaintiff and their deceased brother Ramesh jointly along with Punjabai who was their grand mother who was shown to be the g...
Manohar Bhatia Vs. P.K. Raghavan
Court: Mumbai
Decided on: Apr-07-2004
Reported in: [2004(102)FLR742]; 2004(4)MhLj583
S.U. Kamdar, J.1. By the present petition, the petitioner is challenging the award passed on 11-3-2002 by the learned Presiding Officer of 4th Labour Court in which the petitioner was directed to reinstate the respondent in service with continuity of service and full backwages with effect from 5-2-1998. The brief facts of the case are as under :--2. The respondent was appointed as a Stenographer in the petitioner company and he was in employment with effect from 14-1-1993. On 5-1-1998, it is the case of the petitioner that the company issued a notice to the respondent for retrenchment on the ground of poor business and gave a 30 days notice in compliance with the provisions of Section 25FA of the Industrial Disputes Act, 1947. On 13-2-1998 the respondent was offered the dues of his retrenchment compensation of sum of Rs. 10,437.50 in accordance with the provisions of Section 25FB of the Industrial Disputes Act, 1947. On 27-4-1998 the respondent returned the said cheque and contested th...
Saraswati W/O Suresh Waghmode Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Apr-07-2004
Reported in: 2004(4)MhLj548
ORDERR.M.S. Khandeparkar, J.1. Heard.2. The petitioner challenges the resolution of no confidence motion dated 30th December, 2003, on the ground that, consequent to the amendment brought about to Section 55(1) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, hereinafter called as the said Act, by virtue of Ordinance No. II of 2004, dated 28th January 2004, hereinafter called as the said Ordinance, whereby the immunity granted from any resolution of no confidence motion is extended to the period of three years', instead of original period of two years', from the date of election of the President. It is the contention of the petitioner that, the petitioner was elected on 3rd of December, 2001, and a period of three years', therefore, would expire on 2nd of December, 2004, and as the resolution of no confidence was passed on 30th December, 2003, it cannot override the statutory provisions contained in Section 55(1) of the said Act and, therefore...
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