Mumbai Court April 2006 Judgments
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The West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-03-2006
Reported in: (2006)103ITD19(Mum.)
1. These two cross appeals arising out of the order dated 20^th February, 2002,(there seem to be a typographical error) of the CIT(A)-XXIII, Mumbai for the assessment year 1999-2000 were heard together and are being disposed of by this consolidated order for the sake of convenience.2. The major dispute in these appeals relate to the assessee's claim for deduction Under Section 80-IA of the Income-tax Act, 1961 (the Act) in respect of the Power Unit Nos. I, II, III & IV The relevant facts are that the assessee is a limited company engaged in the manufacture and sale of paper and paperboards, multi layer boards, etc. During the assessment year 1996-97, the assessee installed three windmills for power generation in the State of Tamil Nadu and set up one DG set (identified as unit No. I) for the purpose of generation of power, which was used to meet the requirement of power in the unit manufacturing paper at Dandeli in Karnataka. Similarly another DG set (identified as Unit No II) was...
Allahabad Bank Vs. Prakash Shankar Wagh
Court: Mumbai
Decided on: Apr-03-2006
Reported in: AIR2006Bom321; 2006(3)ALLMR369; 2006(3)BomCR4; 2006(4)MhLj154
D.Y. Chandrachud, J.1. Rule, made returnable forthwith. Counsel appearing for the Respondent waives service. By consent the matter is taken up for hearing and final disposal. 2. The Respondent instituted a suit for eviction against the Petitioner in December 2000 after the provisions of the Maharashtra Rent Control Act 1999 had come into force. Section 3(1)(b) of the Act provides that the Act shall not apply to any premises let or sublet to banks, any public sector undertaking or corporation established by or under any Central or State Act or to foreign missions, international agencies, multinational companies, and private limited companies and public limited companies having a paid up capital of Rs.1 Crore or more. The Petitioner ceased to have the protection of rent control legislation upon the enactment of the Rent Act of 1999. 3. The foundation of the suit was that the premises were originally granted on lease to the Petitioner by the predecessor-in-title of the Respondent on a mon...
S.S.M. Arshad Vs. Maharashtra State Board of Secondary and Higher Seco ...
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(4)ALLMR233; 2006(4)BomCR185; 2006(3)MhLj654
V.G. Palshikar, J.1. By this petition, the Petitioner has made the following prayers:(a) For a Writ of Mandamus and/or any other appropriate writ, direction or order in the nature thereof under Article 226 of the Constitution of India, directing the 1st Respondent to furnish a copy of the report of the Enquiry Committee to the Petitioner without any further delay.(b) For a Writ of Certiorari and/or any other appropriate writ, direction or order in the nature thereof under Article 226 of the Constitution of India, calling for the entire records leading to the termination of the contract of the Petitioner by the first Respondent vide its letter dated 8th August, 2005 and on perusal thereof this Honourable Court be pleased to quash and set aside the report of the Enquiry Committee initiated pursuant to communication dated 17th May 2005 and alleged concluded as communicated vide letter dated 8th August, 2005 with further directions to the Respondent Nos.1 and 2 to hold fresh enquiry by app...
Deepak Cochhar and anr. Vs. Indusind Bank Ltd.
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(3)BomCR520; 2006(4)MhLj194
S.U. Kamdar, J.1. present notice of motion no. 251 of 2004 has been taken out by the judgment debtor inter alia seeking relief that Insolvency Notice No. N/72 of 2004 dated 21.4.2004 taken out by the judgment creditor be set aside. Some of the material facts of the present case, briefly stated, are as under :2. Pursuant to an application made by the judgment creditor which is a bank to the Debt Recovery Tribunal being O.A. No. 811/2000, the Debt Recovery Tribunal has passed an order and judgment dated 8.1.2003 inter alia holding that the judgment debtor is liable to make payment to the judgment creditor of a sum of Rs. 3,30,11,926 along with further interest at the rate of 15% per annum. On 3.3.2003 a recovery certificate was issued by the Debt Recovery Tribunal on the basis of the order and judgment dated 8.1.2003. The judgment creditor has on the basis of the said order and judgment of the Debt Recovery Tribunal and consequent recovery certificate issued to them made an application t...
Rallis India Limited Vs. Deputy Commissioner of Income Tax Range 1(3),
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(4)BomCR76; (2006)204CTR(Bom)45; [2006]284ITR159(Bom); 2006(4)MhLj192
R.M. Lodha, J.1. The writ petition raises an interesting question. The question is : is Assessing Officer competent to seek valuation of the property under Section 55A of the Income Tax Act after he has already assessed the income of the assessee and passed assessment order. 2. We, accordingly, issue rule and dispose of the same at this stage by consent of the counsel for parties. 3. The notice dated 19th April, 2005 issued under Section 55A of the Income Tax Act, 1961 is under challenge in the writ petition. 4. That in respect of assessment year 2002-2003, the Assessing Officer passed an assessment order under Section 143(3) on 24th March, 2005 is not in dispute. After having passed an assessment order, he has sought valuation of the property, 'land located at Suren Road, Plot bearing CTS No.221 to 227, 229 to 233, 236, 237, 244 and 245 village Gundavali Andheri (E), Mumbai 93'. 5. The Assessing Officer in the assessment order applied the formula for valuation of the aforestated prope...
Godrej and Boyce Manufacturing Co. Ltd. Vs. Suhas Hari Bhalerao
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(3)ALLMR445; 2006(3)BomCR22; [2006(109)FLR1157]; 2006(4)MhLj825
S.U. Kamdar, J.1. These two writ petitions are challenging the order and judgment delivered by the 3rd Labour Court Bombay dt.19.7.05 in Reference (IDA) No.59 of 1992. By the impugned order and judgment the Labour Court has given a finding that the workman who is the petitioner in writ petition 833 of 2006 is guilty of serious misconduct of go- slow by not providing sufficient amount of production as per the benchmark fixed by the management. The Tribunal has after considering the finding given in detail on the basis of evidence has come to the conclusion that the management is able to prove misconduct by virtue of fact that the production provided by the workman was much less then required by the company as per the norms so specified and thus there was a go slow as well as insubordination. However, while passing the final award Tribunal has set aside the punishment of dismissal and has directed employee to be reinstated back in the service but without any back wages. The claim of comp...
United White Metal Ltd. Vs. Bhartiya Kamgar Sena and ors.
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(3)ALLMR476; 2006(3)BomCR1; [2006(110)FLR34]; 2006(4)MhLj566
S.U. Kamdar, J.1. The present petition is challenging the order dt.8.12.05 passed by the Industrial Tribunal in Reference (IT) No.46 of 204. Some of the material facts of the present case are briefly enumerated as under: 2. The petitioners is a company engaged in the manufacturing of steel wire ropes. On 29.12.03, the petitioners purchased the factory undertaking of M/s. OTIS Elevators, comprising of 235 workers, on 'as is where is basis'. It is the case of the petitioners that though they purchased the factory with workers liability but due to competitiveness, globalisation and advanced technology, the petitioners could not do so and accordingly made an application under section 25-N of the Industrial Dispute Act, 1947 seeking permission of the Authority of the state government to retrench 116 workmen. On 17.9.04, the Specified Authority (i.e. the Additional Commissioner of Labour, Mumbai) passed an order granting the permission to retrench 116 workers and subsequently the petitioners...
Sbec Sugar Limited a Company Incorporated Under the Companies Act, 195 ...
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(4)BomCR177; 2006(204)ELT546(Bom)
R.M. Lodha, J.1. M/s. SBEC Sugar Limited (petitioner No.1 and hereinafter to be referred to as 'the company') and one of its shareholders S.S. Agarwal (petitioner No.2) have approached this Court under Article 226 of the Constitution of India for setting aside the demand for interest in respect of three consignments referred to in Exhibit 'A' annexed thereto and the letter dated 17th March, 1998 (Exhibit 'L') rejecting the prayer made by the company for waiver of interest. 2. The company was to set up a sugar plant at village Malkapur (Uttar Pradesh). For that purpose the company applied for industrial licence which was granted on 5th December, 1995. The company imported machines namely batch centrifugal, hydraulic drivers, continuous centrifugals and control and manual valves for the purposes of sugar plant. 3. As the controversy in the writ petition centres around the imported goods which were kept in the bonded warehouse vide bond No.CW-20-4732 dated 26th December, 1995, CW-20-4733 ...
Yuvaraj Naik and anr. Vs. State of Goa and anr.
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(4)ALLMR237; 2006(3)BomCR530
Britto N.A., J.1. Both the translators of the Goa Legislature Secretariat are before this Court to seek a writ of mandamus or any other writ, order or direction to the respondents to fix their pay scale at Rs. 5500-9000 with consequential benefits consequent to the extension of the pay scales of the Fifth Pay Commission by virtue of Government of Goa Order dated 27-10-1997.2. Some facts are required to be stated to dispose of both the petitions which have similar facts and the question of law being the same. Therefore, we propose' to dispose of both the petitions by this common Judgment.3. The recommendations of the Fourth Pay Commission were accepted by the Government of Goa w.e.f. 1-1-1986. By virtue of Order dated 30-9-1987 two posts of translators were created by the Government in the pay scale of Rs. 1400-2300. As per the respondents, this is the scale recommended by the Central Fourth Pay Commission as adopted by the Goa Government. Nilkanth Subhedar came to be appointed on one o...
Pralhad Madhoba Ruikar Trust and ors. Vs. Director of Education (Secon ...
Court: Mumbai
Decided on: Apr-03-2006
Reported in: 2006(4)ALLMR499; 2006(4)BomCR764; 2006(5)MhLj64
Sinha D.D., J.1. Rule made returnable forthwith.2. Heard Shri Dastane, learned Counsel for the petitioners and Smt. Joshi, learned A.G.P. for respondent/State.3. The learned Counsel for the petitioners states that in the instant case departmental enquiry was initiated against respondent No. 2 for charges involving moral turpitude, however, the Committee, which was constituted to conduct inquiry consisted of three members, out of which two members have exonerated respondent No. 2 and one found her guilty of the charges. It is contended that the management in such situation has invoked power under Section 4A of The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as 'M.E.P.S. Act'), by approaching Director of Education to take appropriate decision in this regard.4. Shri Dastane, learned Counsel for the petitioners has submitted that by impugned communication dated 22.10.2005 the Director has returned the papers submitted by th...
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