Mumbai Court June 2006 Judgments

Britannia Industries Limited a Public Company Vs. the Produce Bombay, ...

Court: Mumbai

Reported in: 2006(4)BomCR645; 2006(5)MhLj266

B.H. Marlapalle, J.1. In this petition, filed under Article 226 of the Constitution, the petitioner-company prays for a declaration that, (a) the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (for short the Act) is not applicable to sugar, cashew nuts, refined oil and dry fruits purchased by the company; (b) to declare that the notification dated 25/9/1987 issued by the State of Maharashtra under Section 62 of the Act is illegal, ultra vires and unconstitutional to the extent it adds 'sugar', 'dry fruits' and 'edible oils' to the schedule to the Act. (c) the stocks of sugar purchased by the petitioner-company directly from the Sugar Mills located outside the market area of respondent No. 1 are not covered by any of the provisions of the Act and also for a similar declaration in respect of cashew nuts. 2. While granting Rule by the order dated 1/4/1991, this Court had allowed the prayer for interim relief in respect of cashew nuts and sugar by relying upon a decision...

Bharat Sanchar Nigam Ltd. Through General Manager Vs. Balasaheb Maruti ...

Court: Mumbai

Reported in: 2006(4)BomCR517; [2006(111)FLR204]; (2007)ILLJ88Bom; 2006(5)MhLj314

S.R. Sathe, J.1. This Letters Patent Appeal is directed against the judgment and order passed by the learned single judge of this Court in Writ Petition No.4974 of 2001, whereby the order of rejecting Reference passed by the Presiding Officer, First Labour Court, Pune was set aside and the Petitioner workman was directed to be reinstated with continuity of service and back wages from date of reference till reinstatement of service.2. Brief facts giving rise to this Appeal are as under:One Balasaheb Maruti Poojari, Respondent No.1 in the present appeal, was working with Bharat Sanchar Nigam Ltd. as a 'Casual Mazdoor' since 22/05/1984. According to him, he continuously served there upto 28/2/1985, on which day his services were orally terminated. As he had served continuously for more than 240 days and was terminated without any notice or payment of wages of one month in lieu of notice, he raised Industrial Dispute and prayed for reinstatement in service and back wages.3. The Department ...

itc Agro-tech Incorporated Provisions of I of 1956 and Mr. K. Hari Har ...

Court: Mumbai

Reported in: 2006(4)BomCR620; 2006(5)MhLj539

B.H. Marlapalle, J.1. In Writ Petition No.3278 of 1991, the first petitioner is a public limited company incorporated under the Companies Act, 1956 with its registered office at 31, Sarojini Devi Road, Secunderabad - 003 and is engaged, inter alia, in the business of manufacture and sale of edible oils, including refined Sunflower Oil and refined Groundnut Oil. It has its refineries/factories at two places in the State of Andhra Pradesh and it purchases oil seeds from various sources, including the Agricultural Produce Marketing Committees, Farmers and other agencies in the State of Andhra Pradesh and Karnataka. These oil seeds are subsequently crushed/processed and refined oil is produced in the factories/refineries in Andhra Pradesh and are sold as refined edible oils in packages of 15 kg., 5 kg., 2 kg., and 1 kg. containers in the brand names of 'Sundrop', Crystal' and 'Sudham' respectively. The Company has various sales outlets in many parts of the country and in the State of Mahar...

Prakash Vasudeo Deodhar Vs. Special Land Acquisition Officer and anr.

Court: Mumbai

Reported in: 2007(3)BomCR372; 2006(44)MhLj384

R.M.S. Khandeparkar, J.1. Heard. Rule. By consent, the rule is made returnable forthwith.2. By the present petition, the petitioner challenges the order dated 13th June, 2003 passed by the respondent No. 1 and simultaneously seeks direction for construction of a permanent Asphalt Road for approaching the remaining areas of land of the petitioner.3. As regards the challenge to the order dated 13th June, 2003, it is the contention of the petitioner that the Notification under Section 4 of the Land Acquisition Act, 1894, thereinafter called as 'the said Act', was issued on 16th January, 2001, it was published on 21st March, 2001, and considering the provisions of Section 23(1A) of the said Act, along with the day of declaration of the award under Section 11, which was 7th October, 2002, the respondents ought to have calculated the interest in terms of the said provisions for a period of 630 days instead of 566 days, as has been calculated by the respondents.4. It is not in dispute that th...

Dnyaneshwari Kamalakar Bhagat Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2007(3)BomCR375; 2006(44)MhLj337

R.M.S. Khandeparkar, J.1. Heard. Rule. By consent, the rule is made returnable forthwith.2. The petitioner challenges the order dated 31st March, 2005 passed by the scrutiny committee on the ground that the committee proceeded to dispose of the matter relating to the caste verification of the petitioner without affording proper opportunity of personal hearing being given to the petitioner, and thereby acted illegally and particularly in contravention of the provisions of the Rule 12 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003, hereinafter called as 'the said Rules.3. While elaborating the case of the petitioner, the learned advocate for the petitioner drawing our attention to the Rule 12 of the said Rules and in particular Sub-rule (9) submitted that plain reading of the impugned order would disclose that the scrutiny committee did not comply with the mandate of the said rules, as far as it relates to the opportunity to the c...

Ramsamooj Sahadev Mourya Since Deceased Through His L.Rs. and ors. Vs. ...

Court: Mumbai

Reported in: 2006(5)BomCR150; 2006(6)MhLj561

Chandrachud D.Y., J.1. A suit for eviction instituted in 1983 was decreed by the Civil Judge, Junior Division, Thane on 15th December 1993. The order was upheld in appeal by the Joint District Judge, Thane on 31st July 1998. This petition was admitted on 1st September 1998. The petition now comes up for hearing.2. The respondent instituted a suit for eviction on 14th September, 1983. The material averment in support of the case of the respondent was that he as a lessee of a piece of land situated at Ward No. 11, Chandanwadi, Thane, had erected a structure, including a room, admeasuring 150 sq.ft. thereon. The original defendant approached him in April 1981 and sought permission to occupy a room temporarily since the premises which he was to obtain were to take about a year for being ready for occupation. The respondent accordingly granted permission to the original defendant to occupy the room on a monthly compensation of Rs. 40/-. The respondent averred that the parties never intended...

Suvarna D/O Madhukar Shelwatkar Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2006(6)MhLj24

V.R. Kingaonkar, J.1. This petition is filed by a student, who was admitted in a Local College on seat reserved for Scheduled Tribe since she claimed to be member of 'Mana' community which is enlisted as Scheduled Tribe in the list published under Article 342 of the Constitution, feeling aggrieved due to invalidation of her caste claim.2. The petitioner was admitted in Bhagwan Homeopathic Medical College and Indira Gandhi Memorial Hospital, Aurangabad, on seat meant for Scheduled Tribes category. She stated that she was member of 'Mana' community which is a Scheduled Tribe. The caste claim of the petitioner was referred to Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad, for verification. The Scheduled Tribe Caste Certificate Scrutiny Committee-respondent No. 7 conducted enquiry into the matter. Though, the respondent No. 7-Committee came to the conclusion that the petitioner belongs to 'Mana' caste yet she is not member of a Scheduled Tribe. The Committee invalidated ...

Survana Madhukar Shelwatkar Vs. State of Maharashtra

Court: Mumbai

Reported in: 2006(6)BomCR291

Kingaonkar V.R., J.1. This petition is filed by a student, who was admitted in a Local College on seat reserved for Scheduled Tribe since she claimed to be member of 'Mana' community which is enlisted as Scheduled Tribe in the list published under Article 342 of the Constitution, feeling aggrieved due to invalidation of her caste claim.2. The petitioner was admitted in Bhagwan Homeopathic Medical College and Indira Gandhi Memorial Hospital, Aurangabad, on seat meant for Scheduled Tribes category. She stated that she was member of 'Mana' community which is a Scheduled Tribe. The caste claim of the petitioner was referred to Schedule Tribe Caste Certificate Scrutiny Committee, Aurangabad, for verification. The Scheduled Tribe Caste Certificate Scrutiny Committee - Respondent No. 7 conducted enquiry into the matter. Though, the respondent No. 7 - Committee came to the conclusion that the petitioner belongs to 'Mana' caste yet she is not member of a Scheduled Tribe. The Committee invalidat...

Municipal Corpn. of Greater Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2006)(110)ECC344

1. The appellant Municipal Corporation of Greater Mumbai had projects for by pipes and structures which they executed through their job workers Anupam Engineers, who were required to pay duty on the manufacture of such pipes out of the raw material supplied by M/s.Municipal Corporation. While discharging the duty, M/s. Anupam Engineers took the cost of M.S. Plates as supplied by the Municipal Corporation which according to the Revenue was the price at which the material was procured in the year 1986-87 while the contract was executed in the year 1992. The Revenue's case is that the cost of raw material should be one which was prevailing during the year 1991-92 when the contract was executed rather the price which was prevailing 5-6 years back before the execution of contract. The appellants were required to furnish the details of sale price of the material during the relevant time and on their inability to do so, Revenue adopted the sale price of the Steel Authority of India.3. The Ld...

Mahindra and Mahindra Ltd. (T.D.) Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. After hearing Ld.Advocate Shri Mayur Shroff appearing for the appellant and Shri Abhay Poyeraker Ld. JDR for the Revenue, we find that the dispute in the present appeal relates to modvat credit of duty availed by the appellant on the basis of the supplementary invoices raised by their job worker.2. As per facts on record appellant's who are engaged in the manufacture of Tractor, I.C. Engines were availing the facility of Cenvat Credit. They were also supplying CRCA sheets free of cost to their job workers M/s. Maharashtra Engineering for manufacturing of fenders (part of tractor). Such manufactured fenders were being cleared by the job worker on payment of duty of Excise by adopting the assessable value inclusive of the value of sheets supplied by the appellant. It is that the cost of CRCA sheets was revised and enhanced vide purchase order dt. 20.6.2003 effective from 31.7.2002. As such, the assessable value of the fenders manufactured by the job workers was required to be revised...