Mumbai Court November 2006 Judgments

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court: Mumbai

Reported in: 2007(2)ALLMR110; 2007(1)BomCR329

F.I. Rebello, J.1. The creative judicial interpretation of Article 21 by our constitutional Courts, has broadened our vision, in understanding the expression 'right to life'. Preventing degradation of our ecology and protection of our environment, including the right to clean drinking water and pollutant free atmosphere are some of its facets. Ecological factors as judicially understood, indisputably are relevant considerations in Town and Country Planning Statutes. Courts to preserve the environment and ecology of 'Earth' our home for the present and future generations whilst interpreting environmental laws, lean in favour of protection. The questions raised by the petitioners and which fall for our consideration, give rise to a host of legal issues. Can the State, citing its financial inability to provide housing to encroachers on public and private lands residing in structures which came up before 1-1-1995 to whom it has granted protection from eviction or its inability to free RG a...

Laxman Khanderao Ekhande Vs. the State of Maharashtra Through Secretar ...

Court: Mumbai

Reported in: 2007(1)ALLMR321; 2007(1)BomCR60; 2007(1)MhLj860

V.R. Kingaonkar, J.1. This group of petitions is being disposed of by common judgment since identical questions are involved therein. The petitioners are Head Master, Supervisor and Assistant Teachers having qualification of B.P.Ed. besides the degree in graduation of Arts/Commerce/B.Sc. They impugn order dated 14th July, 2005 and consequential seniority list drawn by the respondent no.4 Education Officer. By the impugned order, the respondent no.6 -Tulshiram s/o Tukaram Kale marched ahead of the petitioners in the seniority list which is under challenge in these petitions. 2. Maratha Shikshan Sanstha - respondent no.5 runs various schools, including three Junior Colleges in Aurangabad and Jalna districts. The petitioners are appointed to work as Assistant Teachers and hold educational qualification of B.P.Ed. apart from basic qualification of being graduates. Respondent No.6 - Tulshiram Kale is also working as Assistant Teacher in a school run by respondent no.5. He is B.Com., B.Ed. H...

Ashabai Himmatrao Junghare Vs. Himmatrao Kisanrao Junghare

Court: Mumbai

Reported in: 2007(1)MhLj802

S.R. Dongaonkar, J.1. Heard learned Counsel for the parties.By this criminal revision application, the applicant is challenging the order passed by the Additional Sessions Judge, Achalpur in Criminal Revision No. 59/2003 dated 27-5-2004 by which he allowed the revision petition of the respondent and set aside order of maintenance passed by the Judicial Magistrate First Class, Chandur Bazar in Criminal Case No. 30/2001, filed by the present applicant, decided on 10-10-2003.2. The case of the applicant is that she is legally wedded wife of the respondent. Their marriage was solemnized in the year 1964. Out of this wedlock one issue was born who expired in the year 1973. The respondent had neglected to maintain the applicant. Because of cruelty and desertion, she was compelled to live with her father. It is alleged that the respondent had married with another lady. The applicant preferred application for grant of maintenance under Section 125 of Criminal Procedure Code bearing Criminal Ca...

Commissioner of Central Excise Vs. Ajay Decorative Laminates Pvt.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2007)(116)ECC351

1. The brief facts of the case are that the assessees herein, who are engaged in the manufacture of excisable goods falling under Chapter 72 of the Schedule to the Central Excise Tariff Act, 1985, filed classification list No. 3/93-94 dated 02/09/1993 for their excisable products claiming exemption under SSI Notification 1/93 dated 28/02/1993. The Assistant Commissioner approved the classification list by disallowing the benefit of concessional rate of duty for the products described as "PVC bonded (cladded) MS sheets width between 3 to 4 ft. thickness from 16g. to 26g., as the goods were not clad products, while the notification inter alia cover only flat rolled products of Iron and steel clad, at serial number 3 of the annexure to the notification. Since the assessee had cleared goods at concessional rate of duty owing the period 02/09/2006 to February, 1994 show cause notice was issued proposing recovery of Rs. 23,203.43 short paid by the assessees during the above period, demand w...

Shri Shankar Ssk Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2007)(116)ECC6

1. Heard both sides. Shri R.G. Udgikar ld. Consultant is present on behalf of the appellant. Shri Pramod Kumar, JDR is present on behalf of the Revenue.2. Ld. Consultant submits that the following issues are involved in the case: ii) Confiscation of Plant and Machinery against the redemption fine of Rs. 1 lac.3. Shri Udgikar, ld.Consultant submits that since the appellant has wrongly availed credit and depreciation, the appellant has filed revised income tax return for the year 1995-'96 and has reversed the depreciation amount and C.A. Certificate was filed in this regard, wherein Chartered Accountant has certified as under: i) Reduced the amount of Modvat credit permitted for availment from the cost of purchase of inputs or capital goods relating to such Modvat Credit. ii) Not Capitalized Modvat credit as a part of the "cost of acquisition" of such Capital Goods on which Depreciation has been claimed Under Section 32 of the income Tax Act, 1961. iii) Not accounted for the quantum of ...

Marico Industries Ltd. Vs. Commissioner of Customs (Ep)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The appellant is engaged in the processing and refining of indigenous/imported edible oils. During the relevant time, coconut oil was canalized item under the provisions of foreign trade policy and could be imported only through State Trading Corporation. The DGFT vide public notice No. 45/04-2009 dated 14-1-2005 added a new paragraph 4.4.6 to the Hand Book of Procedure Volume 1, inter alia providing as under: Items reserved for imports by State Trading Enterprises cannot be imported against advance licence. However those items can be procured from State Trading Enterprises against ARO issued to advance licence holder.2. It is the appellant's say that vide letter dated 22-2-2005 they sought a clarification from Commissioner of Customs (Export Promotion) regarding the documentation required for import of coconut oil through State Trading Corporation against AROs. In the said letter, they had specifically set out the arrangement proposed to the State Trading Corporation and sought co...

Asstt Cit Vs. Grasim Industries Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. The appeal is filed by the revenue. The Cross Objection is filed by the assessee. The appeal and the cross objection are directed against the order passed by the Commissioner (Appeals)-VI at Mumbai dated 11-1-2002. The relevant assessment year is 1992-93. They arise out of the assessment completed under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961.2. The original assessment in this case was completed under Section 143(3) on 31-3-1995. The assessee-company had invested money and units issued by Unit Trust of India (UTI) and owned by it with Citibank N.A.under a scheme known as Portfolio Management Scheme (PMS). In the said scheme, Citibank acted as the investment-facilitator of the assessee-company. In the original return filed by the assessee, it has offered an income of Rs. 17,19,22,744 as income from the said PMS Accounts. The assessee-company has also claimed a deduction of Rs. 56,93,55,216 by way of interest eligible for deduction under Section 36(l)(iii). The interest...

The Mahalaxmi Co-operative Housing Society Limited Vs. Dilip Singh Par ...

Court: Mumbai

Reported in: 2007(1)ALLMR571; 2007(1)BomCR798

Ranjana Desai, J.1. In this letters patent appeal the appellant has challenged judgment and order dated 16th August, 2002, rendered by the learned Single Judge of this Court in Writ Petition No. 6486 of 1995. 2. Few facts which give rise to the present letters patent appeal may have to be shortly stated; The appellant is a co-operative housing society engaged inter alia in the business of Real Estate. The 1st respondent was employed with the appellant as a sweeper since 1961. The 1st respondent filed an application being IDA No. 754 of 1987 in the Labour Court at Bombay under Section 33C(2) of the Industrial Disputes Act,1947 ('the said Act' for short) making monetary claim against the appellant on the ground that the appellant is covered under the Bombay Shops and Establishment Act, 1948 and is, therefore, required to pay the minimum wages payable to him under the Bombay Shops and Establishment Act, 1948. Respondent 1 also claimed other benefits such as weekly off and leave wages, nat...

Ramkrishna S/O Ganesh Bhide (Dr.) Since Deceased Through Legal Heirs A ...

Court: Mumbai

Reported in: 2007(4)ALLMR502; 2007(3)MhLj181

R.M.S. Khandeparkar, J.1. Heard.2. Rule. By consent Rule is made returnable forthwith.3. The petitioners challenge judgment and order dated 7th February, 2004 passed by the lower Appellate Court in Civil Appeal No. 441 of 1995. By the impugned order while setting aside the decree of the trial Court passed in Civil Suit No. 2102 of 1983 dated 15th April, 1995, the lower Appellate Court has remanded the matter to the trial Court for fresh hearing thereof, including giving opportunity to the parties to lead additional evidence, if they so desire.4. While challenging the impugned order, learned Advocate for the petitioners submitted that the trial (sic : appellate) Court has remanded the matter solely on the ground of absence of issues being framed in relation to the matter pertaining to hardship and closure of premises as well as recovery of the amount claimed in the plaint. The lower Appellate Court could not have allowed to enlarge the scope of the suit and/or introduction of a new grou...

Abdul Majid Mohd. Shafique Ansari Vs. State of Maharashtra

Court: Mumbai

Reported in: II(2007)DMC526

A.M. Khanwilkar, J.1. This appeal takes exception to the judgment and order passed by the IV Ad-hoc Assistant Sessions Judge, Thane dated 23rd January, 2004 convicting the appellant/accused No. 1 for offence punishable under Sections 306 and 498A of Indian Penal Code. The appellant along with accused No. 2 were tried for offence punishable under Sections 498A and 306 read with Section 34 of Indian Penal Code. However, the trial Court on analysing the evidence on record has found that there was absolutely no evidence against the accused No. 2. On that basis, the accused No. 2 has been acquitted of the alleged offence. In the circumstances, this appeal is only by accused No. 1 /appellant, who incidentally happens to be the husband of deceased Faimunissa.2. Broadly stated, the prosecution case is that Faimunissa was married to appellant/ accused No. 1 on 15th May, 1999. They were residing at Shashtri Nagar, Bhiwandi. The mother of appellant/accused No. 1 was residing in the neighbouring h...