Mumbai Court March 2005 Judgments

Smt. Bhagirathi Jyotiram Kale, Vs. the State of Maharashtra

Court: Mumbai

Reported in: I(2006)DMC36

Anoop V. Mohta, J.1. The appellants -accused Nos. 1 to 3 were charged, tried and convicted of the offence under Section 498A(a) and (b) read with Section 34 of the Indian Penal Code (for short 'IPC'), as well as, under Section 302 read with Section 34 IPC for murdering Nayana Parmeshwar Kale, the wife of appellant No. 3 and daughter-in-law of appellant Nos. 1 and 2. Therefore, this common Appeal by the appellants. 2. The deceased had married appellant No. 3 sometime in the year 1992. She was staying with all the accused at Chikhali, Taluka Mohol. Their relations were not good. The deceased, therefore, complained about the accused and also about the harassment for non-honouring their demand at the time of marriage, to her brother Navnath Nagnath Kore, PW5. She had also reported that appellant No. 3 was insisting for divorce. The matter was settled through PW3, Deepak Gaikwad, Chief of Mohol Tahsil and, therefore, the deceased started living with the accused. However, as per the complain...

Curzon Maritime Ltd. Vs. Pec Ltd.

Court: Mumbai

Reported in: AIR2005Bom240; 2005(2)ARBLR288(Bom); 2005(3)BomCR588; 2005(2)MhLj1096

D.K. Deshmukh, J.1. This petition is filed under Section 48 of the Arbitration & Conciliation Act, 1996 claiming a declaration that the arbitral awards dated 30th September, 2002 and 5th November, 2002 are enforceable as a decree of this Court. 2. The facts that are material and relevant for deciding this petition are:The Petitioner, a company organised under the laws of United Kingdom, was Despondent owners of the vessel SHIKOKU PRIDE, which was chartered by them to Commodities Inter-trade (India) Pvt.Ltd. on certain terms and conditions. The terms of this charter agreement provided for arbitration in London and English Law was to apply. The Respondent PEC Ltd. were the owners of a cargo of bagged sugar shipped on board the said vessel SHIKOKU PRIDE at the port of Mumbai. The Commodities Inter-trade (India) Pvt.Ltd. was acting as an agent of the Respondent in the shipment of the goods under the Bill of Lading. According to the Petitioner, the vessel SHIKOKU PRIDE completed the loading...

Sicom Limited Vs. Shri Balkrishna Himmatramka and ors.

Court: Mumbai

Reported in: I(2006)BC201; 2005(3)BomCR562; [2005]127CompCas631(Bom); 2005(2)MhLj946

S.U. Kamdar, J.1. The present petition is filed under the provisions of section 31(1)(aa) of the State Financial Corporation Act, 1951. The petitioner is a financial institution. Some time in or about February, 1993 the company known as Sanjivani Agro Industries approached the petitioner with a request to grant a loan of more than Rs.110.00 Lacs for setting up a plant for solvent extraction and oil refinery at Plot no.A/1 in the Palus Industrial Area of MIDC within the village limits of Palus, Taluka-Tasgaon, District-Sangli.2. The said application for grant of term loan was sanctioned by the company and the said loan amount was advanced by the petitioner to the said company. The company executed an indenture of mortgage dated 16.8.1993 securing the said loan amount and mortgaged the plant, machinery and building of the company with the said financial institution. The respondent herein being respondent no.1 to 4 have executed the deed of guarantee dated 16.8.1993 and the respondent no....

Mohammed Asad Khan Vs. the Urdu Times Daily and Shri MoinuddIn Manzoor ...

Court: Mumbai

Reported in: 2005(3)BomCR612

F.I. Rebello, J.1. Both the petitions are being disposed of by this common order as both challenge the Award of the Labour Court dated 19th September, 2002. As there are two petitions parties are referred to as workman and employer. The workman was in the employment of the employer as Calligrapher. It is the case of the workman that sometime in 1989 the employer introduced computers for the purpose of writing Urdu Language. The computers were supplied by Computer Corporation of Hyderabad. It is the further case of the workman that the said Corporation had contracted to train workmen, working with the Company, to operate computer. The Computer Corporation in its offer had stated that they would train persons well versed with typing in Urdu. Introduction of computers in writing Urdu would have led to Calligraphers being rendered surplus. Some of the Calligraphers between 1989 to 1996 were trained by the Personnel from the Computer Corporation, who had supplied the computers. After underg...

Anthea Aromatics P. Ltd. Vs. Association of Chemical Workers and ors.

Court: Mumbai

Reported in: [2005(105)FLR995]; (2005)IILLJ1145Bom

B.H. Marlapalle, J.1. Heard Mr. A.D. Shetty with Ms. Rita Joshi, T. Shetty for petitioners and N.D. Buch with Ms. Bina Dholakia for respondent Nos. 1 and 2. Respondent No. 3 be deleted forthwith.2. Rule. Ms. N.D. Buch waives service of notice of rule for respondent Nos. 1 and 2. By consent of the parties, the writ petition is heard finally. 3. The learned counsel for the petitioner has also submitted the paper book of the proceedings before the Enquiry Officer.4. The respondent No. 2 is an employee of the petitioner- company and member of the respondent No. 1. He was working as a Technician Grade-III (skilled category) in the Production Department of Plant-II. He was issued two different charge-sheets i.e. dated; March 19, 2003 and March 24, 2003. As his reply was not found satisfactory to the said charge-sheets, a joint enquiry was held and it was conducted by Mr. K.P. Gurav. The enquiry commenced from May, 2003 and the Enquiry Officer submitted his report on January 28, 2004 and held...

Hindustan Lever Ltd. and ors. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Appellants are aggrieved by and order of the Commissioner, who has confirmed a demand of duty and imposed and equivalent amount of penalty under Rule 25 of the Central Excise (No. 2) Rules, 2001, confiscated the goods seized and imposed a fine in lieu of confiscation, and directed enforcement of B-8 Bond.1.2 The appellants are manufacturers of various types of toothpaste and dental cleaners bearing brand name and trade name of their customers for example Close up Red, Close up Blue, Close up Green, Close up Whitening and Pepsodent, Signal, Aim etc. falling under Chapter 33 of the Central Excise Tariff Act for which they hold a proper registration and were discharging duty on 'toothpaste' and 'other dental cleaners' cleared by them. They also availed benefit of Modvat credit. Before effecting the manufacture and clearance of any of their goods, they obtain appropriate registration with the Food and Drug Control authorities as required for 'toothpaste', they submit detailed manufactu...

Goyal M.G. Gases Pvt. Ltd. and Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(185)ELT259Tri(Mum.)bai

1. The appellant M/s Goyal M.G. Gases Pvt. Ltd., are an assessee engaged in the manufacture of Helium Gas falling under Chapter No. 28 of Central Excise Tariff Act, 1985.2 The present dispute relates to eligibility of exemption under notification No. 23/98-Cus dated 2.6.98; 20/99-Cus dated 28.2.99; 16/2000-Cus dated 1.3.2000 as amended by notification No. 31/2000-Cus dated 24.3.2000 which inter-alia permits clearance of raw materials required for manufacture of goods under the warehousing provisions, to be delivered for the purpose of offshore oil exploration or exploitation against certificate issued by duly authorized officer in the Ministry of Petroleum & Natural Gas, Govt. of India.3.1 The appellant are following the formalities of Customs Bonded Warehousing and manufacturing activities obtained licenses under the Customs Act and also obtain Registration under Central Excise. They imported Helium Refrigerated liquid (herein after referred to as HRL), converting the liquid form...

Empire Industries Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(184)ELT297Tri(Mum.)bai

1. Appellants are an assessee engaged in processing of fabrics. They filed classification lists except for classification No. 11 and 12 dated 29.3.1990 the Commissioner of Appeals has found and held as follows for these fabrics. "Straining Cloth: (e.g. woven filter fabrics and needled filter fabrics). Whether or not impregnated, of a kind used in oil process or for similar filter purposes (e.g. in sugar refineries or breweries) and for gar cleaning or similar technical application in industrial dust collecting systems. The heading includes oil filtering cloth, certain thick heavy fabrics of wool or of other animal hair, and certain unbleached fabrics, of synthetic fibres (e.g. nylon) thinner than the foregoing but of a close weave and having a characteristic rigidity. It also includes similar straining cloth of human hair." The filter cloth manufactured by the appellants clearly answers to the description reproduced above and therefore undoubtedly is classifiable under heading 59.09. ...

Goodyear South Asia Tyre Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(189)ELT304Tri(Mum.)bai

1.1 The South Asia Tyres Ltd (herein after referred to as SATL) is a company formed in terms of the Joint Venture Agreement between RPG industries, Ceat Holdings Limited, Ceat Finance Limited (for short, RPG CEAT Group) and Goodyear India Limited and Goodyear Tyre and Rubber Company, USA (for short Goodyear group.). After 25.8.98, RPG Ceat Group sold all its shares in SATL to Goodyear Tyre and Rubber Company, USA and SATL became subsidiary of Goodyear Tyre and Rubber Company, USA.SATL manufactured and sold various kinds of tyres, tubes to Goodyear India Limited (for short Goodyear) under the later brand name. During the period after 25.8.1998 and upto 30.6.2000 around 64% of the tyres and tubes (other than for 2/3 wheeler vehicles) were sold to them. SATL also manufactured and sold various types of tyres and tubes etc. to M/s Ceat India Limited (for short Ceat) under their brand name. During the period after 25.8.1998 and upto 30.6.2000 around 36% of the tyres and tubes (other than fo...

Goyal M.G. Gases Pvt. Ltd., Manoj Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The appellant M/s Goyal M.G. Gases Pvt. Ltd., are an assessee engaged in the manufacture of Helium Gas falling under Chapter No. 28 of Central Excise Tariff Act, 1985.2. The present dispute relates to eligibility of exemption under Notification No. 23/98-Cus. dated 2.6.98; 20/99-Cus. dated 28.2.99; 16/2000-Cus. dated 1.3.2000 as amended by Notification No. 31/2000-Cus.dated 24.3.2000 which inter-alia permits clearance of raw materials required for manufacture of goods under the warehousing provisions, to be delivered for the purpose of offshore oil exploration or exploitation against certificate issued by duly authorized officer in the Ministry of Petroleum & Natural Gas, Govt. of India.3.1 The appellant are following the formalities of Customs Bonded Warehousing and manufacturing activities obtained licenses under the Customs Act and also obtain Registration under Central Excise, They imported Helium Refrigerated Liquid (hereinafter referred to as HRL), converting the liquid f...