Mumbai Court April 2006 Judgments

Shri Jayasing Dhondiram Rajput Vs. State of the Maharashtra Through It ...

Court: Mumbai

Reported in: 2006(4)ALLMR220; 2006(4)BomCR190; 2006(3)MhLj642

V.R. Kingaonkar, J.1. This petition is filed by a retired Assistant Conservator of Forests against findings recorded by the Caste Verification Committee, Pune. The Committee invalidated his claim as being member of 'Rajput Bhamta' caste and held that he is a Hindu Rajput by caste. 2. It is not necessary to elaborately set out the facts leading to controversy about the caste claim made by the Petitioner. Suffice it to say that the Petitioner initially relied upon a caste certificate dated 26th June, 1953 claiming that he belonged to Hindu Patharwat community. The certificate was cancelled by order dated 19th July, 1982 by the then Tahsildar, Tasgaon. The Forest Department had initiated a Departmental Enquiry on charge that the Petitioner had submitted a false caste certificate. The enquiry was, however, dropped. The Petitioner sought benefits of deemed promotion and consequential monetary benefits along with pensionary benefits. He had, therefore, filed a Civil Suit No. 251 of 1989 in t...

The Maharashtra Small Scale Industries Development Corporation Ltd. Vs ...

Court: Mumbai

Reported in: 2006(3)ALLMR375; 2006(4)BomCR225; 2007(2)CTLJ237(Bom); 2006(4)MhLj630

S.U. Kamdar, J.1. The present suit is filed by the plaintiffs for the recovery of sum of Rs.1,01,750/-with further interest @ 12% p.a. on the principal amount of Rs.75,000/- @ from the date of the suit till judgment and further interest thereafter till payment at the discretion of the court. Some of the material facts of the present case are as under:2. The plaintiffs is a company which is wholly owned by the Government of Maharashtra and is interalia carrying on business in Bombay and supporting the Small Scale Industries. Defendant no.1 is a firm. Defendant nos.2, 3 and 4 are the partners of the said defendant no.1. Defendant no.3 expired on 14.9.89 and his legal heirs are brought on record. Sometime in or about December 1968 a collaboration agreement was entered into between the plaintiffs and the defendants and under the said agreement it was decided that both the plaintiffs and defendants will undertake a transaction of exporting the commodities to various foreign parties. It is t...

Godawari Marathwada Irrigation Development Corporation and ors. Vs. Ma ...

Court: Mumbai

Reported in: 2006(6)ALLMR729; 2006(6)BomCR290; 2006(4)MhLj628

Naresh H. Patil, J.1. Heard Shri S. S. Thombre, learned Counsel for petitioners and Shri A. S. Bajaj, learned Counsel for the respondent.2. Rule.3. Shri A. S. Bajaj, learned Counsel for the respondent waives service. By consent of the parties, Rule made returnable forthwith and the matter is taken up for final disposal.4. The respondent - M/s Maruti Constructions, Engineers and Contractors, a registered firm, filed a suit bearing Regular Civil Suit No. 111/1993 in the Court of the Civil Judge, Senior Division, Nanded against the petitioners and Ors. inter alia, for recovery of amounts towards damages/compensation and other relief.5. By an application dated 20th January, 2005 the respondent sought reference of the dispute to the Arbitrator under the provisions of Section 89 of the Civil Procedure Code. The petitioners objected to the same. The trial Court on dated 8-9-2005 passed the following order :1. The application is allowed.2. The dispute involved in the suit be referred to the Ar...

State of Maharashtra Vs. Vimlabai and ors.

Court: Mumbai

Reported in: 2006CriLJ3118; I(2007)DMC157

P.S. Brahme, J.1. Heard Mr. U. K. Patil, A.P.P. for the appellant-State & Mr. C.V. Thombre, advocate for Respondents.2. This Criminal Appeal is against the judgment and order, passed by the Additional Sessions Judge, Latur in Sessions Case No. 31/89 dated 2-9-1989, whereunder the Respondent No. 1 is acquitted of the offences punishable under Sections 302 and 498-A of I.P.C.; whereas Respondents No. 2 and 3 are acquitted of the offences punishable under Sections 498-A read with 34 of the Indian Penal Code.3. Victim Gomati @ Sunita was the daughter of one Sudhakar Girwalkar (P.W.2) and Prabhavatibai (P.W.3). She was married to Respondent No. 2 on 14-3-1988. Respondent No. 1 Vimalbai is the mother-in-law of victim Gomati while Respondent No. 3 is related to Respondents No. 1 and 2. After marriage, Gomati lived with her husband Uttam and mother-in-law Vimalbai in her matrimonial home for about a week and thereafter she went to her parents house and during her stay there, she informed her p...

In Re: Special Land Acquisition Officer (7),

Court: Mumbai

Reported in: 2006(6)MhLj150

S.C. Dharmadhikari, J.1. The above Land Acquisition References (for short 'LARs') are filed under Section 18 of the Land Acquisition Act, 1894. They pertain to same award. The purpose of Acquisition is one and common. The arguments are identical. Hence, they are disposed of by this common judgment.2. Shri Korde appears for claimants in all LARs except LAR No. 26 of 1991 in which Shri Mody appears for claimants. Shri Makhija appears for the Acquiring Body in all references. Shri Mane - AGP appears for Special Land Acquisition Officer ('SLAO' for short).3. The acquisitions under the present references were for the purposes of Municipal Corporation of Greater Bombay ('MCGB' for short). The public purpose for which the lands were reserved, is 100 feet wide D.P. Road. The Notification under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with Section 6 of the Land Acquisition Act, was published in Maharashtra Government Gazette, Part-I on 5th January, 1989. It is...

Commr. of Service Tax Vs. Hutchison Mson Max Telecom Pvt. Ltd.

Court: Mumbai

Reported in: 2008[9]STR455

ORDER1. Heard Mr. R.V. Desai, the learned senior counsel for the revenue.The Tribunal set aside the penalty imposed by the authorities on the respondent by holding that the issue of levy of service tax in respect of service involved in the sale of SIM Card is not free from doubt. In this connection, the Tribunal referred to the judgments of the Kerala High Court and Allahabad High Court. As regards the judgment rendered by the Allahabad High Court, the Tribunal observed that the said decision has been reversed by the Supreme Court : 2004(170)ELT385(SC) . In so far as the judgment of the Kerala High Court is concerned, the Tribunal noticed that the issue was pending before the Constitution Bench.2. Mr. R.V. Desai, the learned senior counsel for the revenue invited our attention to the three Judge Bench decision of the Supreme Court in the case of Bharat Sanchar Nigani Ltd. and Anr. v. Union of India and Ors. : [2006]282ITR273(SC) .3. In paragraph 87 of the report, the Supreme Court obse...

Commissioner of Service Tax Vs. Bpl Mobile Communication Ltd.

Court: Mumbai

Reported in: 2008[9]STR349

ORDER1. Heard Mr. R.V. Desai, the learned senior counsel for the revenue.2. The Tribunal set aside the penalty imposed by the authority on the respondent by holding that the issue of levy of service tax in respect of service involved in the sale of SIM Card is not free from doubt. In this connection, the Tribunal referred to the judgments of the Kerala High Court and Allahabad High Court. As regards the judgment rendered by the Allahabad High Court the Tribunal observed that the said decision has been reversed by the Supreme Court : 2004(170)ELT385(SC) . In so far as the judgment of the Kerala High Court is connected, the Tribunal noticed that the issue was pending before the Constitution Bench.3. Mr. R.V. Desai, the learned senior counsel for the revenue invited our attention to the three Judge Bench decision of the Supreme Court in the case of Bharat Sanchar Nigam Ltd. and Anr. v. Union of India and Ors. : [2006]282ITR273(SC) .In paragraph 87 of the report, the Supreme Court observed...

Commissioner of C. Ex. Vs. Ispat Industries Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2006)(110)ECC480

2. After hearing both sides and perusal of the records, I find that the issue in dispute is whether the assessee respondents is entitled to avail the balance 50% credit in respect of capital goods, if such capital goods are cleared, as such in the first year itself when the first 50% has been availed. He submits that the Tribunal in the case of Hindustan Lever Ltd. v. CCE has inter alia held as under: 2. Briefly the facts are that the appellant was availing of credit of Cenvat on capital goods under Cenvat Credit Rules, 2001/2002. The appellant availed of the Cenvat based on duty paying documents in their favour on capital goods, i.e. NSD pre-plodder type falling under subheading 8479.19 CETA. The appellant availed of the entire credit of duty (100%) on the capital goods (Rs. 1,94,124/-) instead of 50% of such duty as was provided under Rule 4(2)(A) of Cenvat Rules, 2001. The appellant took such credit on 25-7-2001 but transferred the goods by preparing a Central Excise Invoice No. 44...

Pam Pharmaceutical and Allied Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1.The issue involved is whether following charges (i) service charges by visit of the Service Engineers; (ii) Servicing of machines; (iii) Training of the Operators; (iv) Charges for providing assistance in plant layout; (v) Service charges for changing power voltage in the electric motor, could be added to the value of the machinery which the Assessees manufacture and supply on payment of duty. These expenses prima facie are recovered for services rendered by the manufacturers and do not appear to be included in the assessable value to determine duties especially when a statement is being made by the appellants that all expenses incurred up to the warranty period are included by them in the assessable values on which duty has been determined and discharged.2. These issues of facts have to be heard and gone into in detail at the regular hearing. At this prima facie stage we find that the appellants have made out a good case for full waiver of the pre-deposit requirement under Section ...

Yogesh Kumar Vs. Commr. of Cus. (Export)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Both appeals involved common issues and"are"hgnce"hgard"toggtjer anf disposgd off b{ this comool mrfep.2, In thiq, case mn 14-1-04 odfkcerq mf DPI Nhava Sheva intercepted export consignments of Steel Welding Electrodes sought to be exported by M/s. Payal Exim under DEPB Scheme. On examination, it was found that there was no identification marks on the cartons of the goods for establishing co-relation of the goods with the Shipping Bills, that the Shipping Bills did not mention any brand name although Electrodes of three different brands, that quantities and sizes did not tally with those declared on the Shipping Bills and that the export goods appeared to be of very inferior quality, compared to the value declared. The cargo were seized on 20-0-2004 (Sic), statements of various persons including the CHA and the indenter and the exporter and of the appellant was recorded. Samples of the goods were drawn and tested and the goods were found to be Welding Electrodes composed of magneti...