Mumbai Court April 2005 Judgments

Raju Fabrics and Shri Sanjay B. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

2. The ld. Counsel appearing for the appellants interalia submitted that one appeal has been filed by the Company and the other by the Director of the Company against the common order. The Company has filed the appeal against the imposition of duty amount of Rs. 48,48,896/- and an equal amount of penalty. Whereas the Director has filed the appeal against the imposition of penalty of Rs. 50,000/- He submitted that the appellant Company is 100% EOU. Adequate opportunity of hearing was not afforded to the appellants and as such the impugned order has been passed in gross violation of the principle of natural justice. Since show cause notice was issued by the Commissioner, the Addl.Commissioner was not competent to adjudicate the matter unless the Commissioner has issued a corrigendum changing the adjudicating authority. The clearances have been effected in DTA against payment from EEFC account in accordance with para 6.9 (b) of EXIM Policy.Therefore, the clearance could not stand uncover...

Sterlite Inds (i) Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(189)ELT329Tri(Mum.)bai

1. Heard both sides. Brief facts for the purpose of disposal of this appeal are as follows :- 1.1 Appellant manufactures copper cathodes, copper rods and coils falling under Chapter 74 of the Central Excise Tariff Act, 1985. The price of copper cathodes / rods that the appellant sells locally depends upon the international prices of copper, which are published in bulletins of the London Metal Exchange (LME). Consistent with the practice in the industry in the course of a month, are priced with reference to the average LME price of copper during that particular month. Since such an average is ascertainable only at the end of the month. They have been following a policy of issuing a provisional invoice at the time of clearance of goods wherein the price declared is 95% of the previous month's average LME price. On the last day of the month, when the average price for that month becomes known, a final price circular is issued and the differential price payable or receivable for the clear...

Smt. Chanchalben Amritlal Patel Vs. Deputy Collector (Enc) and Compete ...

Court: Mumbai

Reported in: 2005(3)ALLMR494; 2005(3)BomCR461; 2005(3)MhLj834

D.B. Bhosale, J.1. All the nine letters patent appeals involve common questions and, therefore, we propose to decide them by a common judgment. Though the appellants in all the appeals are different the facts are similar. The appeals are arising from common orders passed by the authorities below rejecting the applications filed by the appellants and some other similarly placed persons, under section 22(1)(a) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'the Act'). Those orders have been affirmed by the impugned order passed by the learned Single Judge in the writ petitions filed by the appellants. The applications under section 22 (1) (a) of the Act were filed seeking permission to institute a suit for recovery of the arrears of rent and on that ground for eviction against the respondent-occupiers of the buildings/chawls in the slum area. The land and the buildings admittedly situate in the slum area declared under sub-section (1) of sec...

Malan Karale and ors. Vs. Ms. Aloo Chibber and ors.

Court: Mumbai

Reported in: (2005)IIILLJ133Bom; 2005(3)MhLj723

A.P. Shah, J.1. The alleged violation of 'equal work equal pay' doctrine is the principal grievance of the petitioners. The petitioner Nos. 1 and 2 have been working as the house-mother and helper respectively at Balkalyan Nagari, a Unit of the Children's Aid Society, hereinafter for brevity's sake referred to as the 'Society'. There are in all 20 house-mothers and about 25 helpers employed by Balkalyan Nagari. It is a home set up for the care and protection of destitute children upto the age of 18 years. The 3rd petitioner is a women's organization and 4th petitioner is a recognized union of the employees working in the institutions run by the Society.2. The petitioners have instituted the present writ petition under Article 226 of the Constitution of India seeking appropriate reliefs mainly on the ground that though the employees in Balkalyan Nagari are doing their duties as housemothers and helpers and doing the same work as being done by their counter parts in other institutions of...

Chandrakant Budo Naik Vs. Gopal Vishnu Naik Panvelkar and ors.

Court: Mumbai

Reported in: 2005(5)BomCR211

Britto N.A., J.1. This is plaintiffs second appeal arising from Civil Suit No. 239/1985/C.2. This second appeal was admitted, but no substantial question/s of law were framed. Heard Shri S.N. Walwaikar on behalf of the appellant/plaintiff and Shri S.M. Usgaonkar on behalf of the respondents/defendants.3. As per Shri Walwaikar questions (i), (iA) and (iii) as formulated in prayer E of the Memorandum of appeal are substantial questions of law which are required to be decided by this Court in this second appeal. As per Shri Usgaonkar, the learned Counsel of the defendants, none of the said questions arise when considered in the light of the law laid down by the Supreme Court in the case of Santosh Hazari v. Purushottam Tiwari deceased by L.Rs., : [2001]251ITR84(SC) .4. The dispute between the plaintiff and the defendants was regarding a small temple (deuli) and land surrounding it, admeasuring about 500 sq.m. of the property of the defendants. The defendants having been dispossessed of th...

Hemant M. Nabar and ors. Vs. Farohar and Co. and ors.

Court: Mumbai

Reported in: 2005(5)BomCR234

1. This is a reference to the larger Bench made by D.K. Deshmukh, J., in a Notice of Motion taken out for setting aside the insolvency notice. The question is whether an insolvency notice under Section 9 of the Presidency Towns Insolvency Act, 1909, hereinafter called as the 'Act' can be set aside on the ground that the decree was not enforceable for want of leave of the Court under Order 21, Rule 22 of the Code of Civil Procedure (C.P.C.). The learned Single Judge has referred this question in view of the conflicting judgments by the Single Benches of this Court.2. In Bhurmal Kapurchand and Co. v. Premium Machine Tools and Co., A.I.R. 1977 Bom. 305, Mridul, J., held that the issuance of insolvency notice is equitable mode of execution of a decree or order. In the absence of leave under Order 21, Rule 22 of the C.P.C., it is not open to the judgment creditor to execute the decree which is more than 2 years old. If the execution of the said decree is not permissible under the provisions...

Pedru Mozes Fernandes Vs. National Textile Corporation (S.M.) Ltd.

Court: Mumbai

Reported in: 2006(2)BomCR403; [2005(107)FLR660]; 2005(4)MhLj199

D.Y. Chandrachud, J.1. In an appeal filed under Section 84 of the Bombay Industrial Relations Act, 1946 the Industrial Court has set aside an order of reinstatement and of backwages that was passed by the Labour Court. The Industrial Court has held that the approach notice that was preferred by the petitioner was barred by limitation and that it was not preferred within the period stipulated in Section 42(4) of the Act. The petitioner has challenged the judgment and order of the Industrial Court in these proceedings under Article 226 of the Constitution.2. The petitioner joined the services of Tata Mills on 1st March, 1973 and was a permanent workman who was engaged as a boiler serviceman. The petitioner worked continuously until 18th January, 1982. On this date a general strike took place in the Cotton Textile Industry including in Tata Mills. The case of the workman was that all the textile mills were closed for a long period of time as a result of the textile strike. As soon as the ...

Salvation Army Vs. Sunil J. Ingle

Court: Mumbai

Reported in: 2005(5)BomCR851; [2005(107)FLR932]

Chandrachud D.Y. (Dr.), J.1. The Salvation Army is a public trust registered under the provisions of the Bombay Public Trust Act, 1950. The object of the Trust is to provide free facilities to the poor, needy and under privileged in a hundred and nine countries all over the world. In Mumbai the petitioner conducts a hostel for the visually impaired, a home for the aged, a home for orphaned children, a free feeding center, a center for the physically challenged, a school for the under privileged and economically backward children and a general hospital. In the petition it has been averred that the position of officership in the Salvation Army is offered to those who are Salvationists i.e members of the Salvation Army Church. This relationship expresses a spiritual desire of a person who wishes to dedicate his life to the service of God and mankind in the ranks of the Salvation Army. The relationship is purely voluntary in the sense that the officership can be terminated without any rest...

Rajnikant Walchand Gandhi Vs. Mophan Walchand Gandhi and ors.

Court: Mumbai

Reported in: 2005(5)BomCR908

Oka Abhay S., J.1. Heard Shri Warunjikar for the appellant and Shri Deshmukh for the Respondents. The following substantial question of law arises, in the Second Appeal :(i) Whether the First. Appellate Court has failed to perform his duty as a final fact finding Court and whether as a result of the failure prejudice has been caused to the appellant? The Second Appeal is admitted on the aforesaid substantial question of law. Considering the facts and circumstances of the case the Appeal is forthwith taken up for final disposal.2. The Second Appeal is preferred by the original Plaintiff. The Appellant/plaintiff filed a suit for partition and separate possession claiming 12th share in the suit properties. The learned trial Judge partly decreed the suit. An Appeal was preferred by the Appellant herein before the District Court. The said Appeal has been dismissed by the Appellate Court.3. The case of the Appellant/Plaintiff is that the Appellant and the original defendant No. 1 are real br...

Smt. Conceicao Maria Pereira Fernandes Vs. Shri Anthony Fernandes and ...

Court: Mumbai

Reported in: (2005)107BOMLR815a

A.P. Lavande, J.1. Heard Mr. Sardessai, learned Counsel for the petitioner and Mr. Vaz, learned Counsel for respondent Nos. 1 and 2. Respondent Nos. 3 to 6 though served, have chosen not to put in their appearance. Rule. By consent of the learned Counsel appearing for the parties, heard forthwith.2. By this petition, the petitioner takes exception to Order dated 2nd July, 2004, passed by the IInd Addl. District Judge, Panaji in Civil Misc. Application No. 244/03. dismissing the application filed by the petitioner and respondent Nos. 5 and 6 herein, seeking condonation of delay of 11 days in filing the appeal against the Judgment and Decree passed in Regular Civil Suit No. 170/93 by the Trial Court. The Lower Appellate Court, after hearing the learned Counsel for the parties, refused to condone the delay of 11 clays in filing the appeal.3. Mr. Sardessai, learned Counsel appearing for the petitioner states that the Lower Appellate Court has committed jurisdictional error in not condoning...