Mumbai Court July 2004 Judgments

Vasudeo Dharanidhar Joshi Vs. Bombay Textile Research Association and ...

Court: Mumbai

Reported in: 2004(4)ALLMR694; 2005(1)BomCR261; [2005(105)FLR515]

Nishita Mhatre, J.1. The Petitioners in Writ Petition No. 5481 of 1996 and Writ Petition No. 6275 of 1995 were employed with the Respondent-Bombay Textile Research Association (BTRA) as workmen for a number of years. The grievance made by them in the Writ Petitions filed by them is that although the Industrial Court while deciding the Complaints filed by them has held that the Respondent-BTRA has committed an unfair labour practice by retiring them at the age of 58 years, no wages have been granted to them for two years when their contention that they were entitled to continue till the age of 60 years has been accepted. The Petitioners in Writ Petition No. 537 of 1998 (which is a cross petition to Writ Petition No. 5481 of 1995) and Writ Petition No. 538 of 1997 (which is a cross petition to Writ Petition No. 6275 of 1995) have also challenged the orders of the Industrial 'Court as, according to them, they have committed no unfair labour practice whatsoever and the Industrial Court has...

Mohmad Yusuf Ansari Since Deceased by His Heirs Vs. G.M. SharfuddIn an ...

Court: Mumbai

Reported in: 2005(1)ALLMR252; 2005(1)BomCR373; (2005)107BOMLR741; 2004(4)MhLj884

D.G. Karnik, J. 1. By this petition, the petitioner tenant challenges the judgment and order dated 3rd July 1987 passed by the learned District Judge, Thane allowing Civil Appeal No. 394 of 1984 and thereby passing a decree for possession against the petitioner.2. The respondent No. 1 is the owner and landlord of the property bearing Municipal House No. 2, Saudagar Mohalla, Bhiwandi. The respondent No. 2 was a tenant in respect of the suit premises on monthly rent of Rs. 32/-. Dr. M.I. Ansari, the petitioner who is since deceased and whose heirs have been brought on record was a sub-tenant of the respondent No. 2. The respondent No. 1 filed a suit against the respondent No. 2 and the petitioner bearing regular Civil Suit No. 444 of 1974 in the Court of Civil Judge, Jr. Division for possession on the ground that respondent No. 2 had illegally sublet front portion of suit premises to the petitioner and also on the ground that the respondent No. 2 was a defaulter in payment of the rent. T...

State of Maharashtra Vs. Udhao Pandurang Aglawe and ors.

Court: Mumbai

Reported in: 2005CriLJ989

P.S. Brahme, J.1. This is an appeal against the order of acquittal of respondents of offences punishable Under Sections 323, 204, 506 r/w 34 of I.P. Code, passed by Judicial Magistrate (F.C.), Chandrapur on 29-8-1990.2. The incident, which gave rise to this prosecution against the respondents took place on 20-7-2004 in the evening at village Dighori, which comes under Police station, Mul. The victim of assault is Smt. Punabai (PW 4), wife of complainant Urkuda Govinda Dhoke (PW 2). On the day of occurrence witness Urkuda was not at home, as he had gone to nearby village to the school to attend his duties as a teacher. Respondents are resident of village Dighori. The respondent No. 1 Udhav Aglawe is the husband of respondent No. 3 Anusaya, while respondent No. 2 Namdeo Sontakke is the husband of respondent No. 4 Saraswatibai. At the time of occurrence respondents Anusayabai and Saibai had gone to fetch water to a well. The victim Punabai also went to the well for fetching water, carryin...

Gurubachansingh S/O Kartarsingh Virk and anr. Vs. Mukatarsingh S/O But ...

Court: Mumbai

Reported in: I(2005)ACC711; 2005(1)ALLMR465; (2005)107BOMLR585

Anoop V. Mohta, J.1. This appeal has been preferred by the original applicants/appellants herein, thereby challenged the Judgment dated 11.6.1985, passed by the Commissioner, under Workmen's Compensation Act, Yavatmal (for short 'the Commissioner'), in W.C. Case No. 13 of 1984, whereby the application under Section 4 of the Workmen's Compensation Act, (for short 'W.C. Act') itself was dismissed, basically on the ground of delay, as contemplated under Section 10 of the W. C. Act.2. Heard, Mr. A. A. Naik, the learned Counsel appearing for the appellants. None appeared for the respondent inspite of service. The respondent (original non-applicant) was ex parte even before the Commissioner.3. An application under Section 4 of the W. C. Act, dated 25.7.1984, was preferred by the appellant before the Commissioner, and prayed for award of Rs. 50,000/- towards compensation. The applicants are father and mother of Jagbindarsingh, who died in an accident on 24.1.1982 in village Umari, District Ya...

Devi Foam Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(171)ELT311Tri(Mum.)bai

1. When the matter was called, none appeared for the appellant. A letter was produced by the Registry requesting that the application may be decided based on the submissions on record.2. After considering the same, and hearing the ld. D.R., it is found that the classification of the subject products may be in favour of Revenue, yet on finding that the Order-in-Original passed by the Assistant Commissioner was on a dispute of classification under Heading 9401.00 as claimed by the applicant and under Heading 3922.10 as claimed by the Department and in the Revenue's claim, the classification claimed by the Department under Heading 39.26. This review application prima facie goes beyond the issue of classification under Heading 3922 as mentioned in the show cause notice and the order-in-original. In this view of the matter, we find that the appellants have made out a strong prima facie case to call for full waiver and stay of the amounts due.3. The early hearing plea of the ld. Jt. CDR is ...

Radheshyam Kanoria and ors. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. All these stay applications are disposed of by this common order, since the issues involved are inter related.2. Certain enquiries were caused by the officers of Anti Evasion and Show Cause Notices were issued to M/s Durian Industries Ltd and Palghar Plywood Product Pvt Ltd and other appellants herein who are dealers and employees of the firm and other persons concerned.3. After hearing both sides, the Commissioner has dropped the charges as regards under valuation, clubbing and or eligibility to the Notification No. 1/93. However, the Commissioner has confirmed the duty demand in both these proceedings on the ground of clandestine removals.On considering that the demand of clandestine removal has been arrived at, as in the case of M/s Durian Industries Ltd, on the following findings: "Therefore, a proper recourse -- for Durian Industries -- would have been to produce other corroborative documentary evidences for the transactions of "Veneer" as shown in the trading bills which acco...

Sunshine Automotive Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(172)ELT63Tri(Mum.)bai

1. Heard both sides. Joint Commissioner and Customs & Central Excise, Goa, is of the view that imported second hand goods can only be cleared in terms of para 5.3 of the Import Policy against a specific licence.In absence of the same, they are liable for confiscation Under Section 111(2) of the Customs Act, 1962 and also penalty Under Section 112 of the said Act.2. On appeal before the Commissioner of Customs, Appeal, Chattrapati Shivaji International Airport, Mumbai, upheld the order of the adjudicating authority.3. The appellant is a registered S.S.I. unit engaged in reconditioning and to do other engineering job work on imported "Second hand used diesel engines" and get 20% marginal profit on such work. The customs authorities have found that the declared value of imported goods is lower when compared to contemporaneous imports made and thus enhanced from Rs. 5,94,798/- (CIF) to Rs. 6,36,043/- (CIF) as per Rule 5 of the Customs Valuation Rules 1998. Accordingly, redemption fine...

Chandok Automotive Manufactures Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(172)ELT174Tri(Mum.)bai

1. After hearing the matter for some time it transpires that the appeal itself it could be decided. After waiver of pre-deposit, the appeal is itself taken up for disposal.2. Appellant was availing SSI exemption notification benefit. They were visited with a demand of Rs. 6,59,021/- for the period 1-4-2002 to 7-9-2002 on the ground that they had not complied with the provision of para 2(1) of Notification No. 9/2002, dated 1-3-2002 inasmuch as they filed to file a declaration to avail the concessional rate of duty @ 9.6%. They had however filed a letter on 1-4-2002 stating that since there is no change in rate of duty they are not filing separate declaration under Rule 173B.3. We do not approve the finding of CCE(A) to the effect, "It is not the duty of the department to fish out all the information from the sea of records available with them". The department has to establish the duty demand. If the entitlement for exemption is otherwise available and intent to continue the availment ...

Ntb International P. Ltd. Vs. the Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(172)ELT130Tri(Mum.)bai

1. The appellants imported a consignment in the shape and form of sheets made from. Polyamides plastic material claimed under heading 3920.92 with effective rate of duty under notification 150/82 considered by 88/87 as 100% customs duty as per S.No. 10 of notification No. 88/87, Revenue however applied the rate of 150% as per S.No. 1 of the said notification. Duty was paid under protest on such consignments and refunds claim made. The same were rejected. Hence this appeal.2. The relevant notifications S. Nos in dispute read as under:-S. No. Description of goods Rate1. The following goods (including 150% and valorem moulding powders thereof), 3. A plain reading of the description of goods covered under S.No. 1 would be all goods, including moulding powders of Polyamides. The argument by the appellant, that S.No. 1 in the Table to the notification would only cover primary forms of Polyamide plastic goods by reading the term "including moulding powders thereof", would be reading a word "...

Shiv Corporation Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(99)ECC15

1. This is an application for granting stay of the appellant of the Order-in-Appeal No. 376/2003(137-AHD)Cus/Commr(A)/ AHD dated 28.10.2003 and to waive the requirement of pre-deposit duty demand of Rs. 7,50,135/- filed by the appellant.2. The Commissioner (Appeals) has observed in para 8 of his order as follows: "In the Ship Breaking industry, there is no invoice as such before the approval of the ship. However, the MOA is signed before the said arrival. If the MOA is perused carefully, it may be seen that it has all the ingredients of an invoice. The goods are described in detail, the price is mentioned in dear terms and an obligation is cast on the importer to honour the same. I, therefore, hold that the said MOA should also be considered as an invoice and the price mentioned therein is the price at which the vessel is sold for export to India. The MOA, thus, satisfies the requirement of Section 14 of the Act as well as Rule 4 of the Customs Valuation Rules, 1988. The value mention...