Mumbai Court June 2006 Judgments
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Prakash Sadashiv Jagtap Vs. Municipal Corporation of Gr. Bombay and or ...
Court: Mumbai
Decided on: Jun-26-2006
Reported in: 2006(6)ALLMR335; 2007(2)BomCR240; 2006(6)MhLj78
D.G. Karnik, J.1. By this petition, the petitioner challenges the order of termination of his service dated 17th August, 2002 from the post of a junior engineer as also the order dated 4th June, 2006 passed by the appellate authority confirming the order of dismissal.2. The petitioner was appointed as a Jr. Engineer by Municipal Corporation of Greater Bombay (respondent No. 1) in December, 1992. Respondent No. 1 discovered some irregularities committed by the petitioner in the year 1996-97. The petitioner and some other officers had issued work orders to the contractors without taking appropriate sanction from the Ward Officers. The petitioner and other officers were therefore charge-sheeted and disciplinary enquiry was held against them. Pending enquiry, the petitioner was suspended from the service by an order dated 16th September, 1997. The petitioner was found guilty in the enquiry. The enquiry officer recommended that the petitioner be reduced by two stages in the time scale of th...
Vatan Textiles Ltd. Vs. Union of India (Uoi)
Court: Mumbai
Decided on: Jun-26-2006
Reported in: 2006(203)ELT214(Bom); 2008[11]STR105
V.R. Kingaonkar, J.1. Rule, returnable forthwith. By consent of parties the matter is heard finally.2. By this petition, petitioners Impugned orders dated 5-10-2005 and dated 5-12-2005 passed by respondent No. 2-Customs, Excise & Service Tax Appellate Tribunal (for short 'Tribunal'). The Tribunal directed the petitioner to pre-deposit Rs. 25,00,000/- (Rs. Twenty Five lakhs) within a period of eight weeks and report compliance thereof on 5-12-2005 as condition precedent to entertain the appeal as required under Section 35(F) of the Central Excise Act.3. The petitioner No. 1 is a Textile Unit and was served with a notice under Section 3 of the Central Excise Act of 1944 by the Additional Director General of the Directorate General of Central Excise Intelligence, Zonal Unit, Mumbai on 13-11-2004. The petitioner was called upon to show cause as to why an amount of Rs. 1,00,32,600/- (Rs. One crore Thirty Two Thousand Six Hundred) be not recovered under the first proviso of Sub-section (1) o...
Subhash ManmoThe Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-26-2006
Reported in: 2007CriLJ537
ORDERAnoop V. Mohta, J.1. The petitioner, who was at the relevant time serving as District Joint Registrar and Collector of Stamps, Parbhani. By this petition, the challenge has been made to an order of issuance of process passed by the Judicial Magistrate First Class (J.M.F.C.), Aurangabad. The same order has been confirmed by the IInd Additional District Judge, Aurangabad by the impugned order dated 20-11-1996.2. Some time in the year 1994, the petitioner was posted as Joint District Registrar and Collector of Stamps at Aurangabad. Respondent No. 3 during that period remained posted in the District of Aurangabad for 13 years. Respondent No. 2 the Inspector General of Registration, transferred respondent No. 3 on promotion to Buldhana. Respondent No. 3 demanded the reversion, as he was not interested in the promotion. By communication the petitioner reported respondent No. 2 to transfer respondent No. 3 out of Aurangabad. The said action was challenged by respondent No. 3 before the M...
Priya Blue Industries Pvt. Ltd. Vs. the Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-23-2006
Reported in: (2006)(111)ECC101
1. After hearing Shri Naresh Thacker, Ld. Advocate appearing for the appellants and Shri Pramod Kumar, Ld. JDR for the revenue, I find that vide impugned order, the lower authorities has held that the appellants, who are engaged in the business of ship breaking, have imported USA currency in the shape of Dollar Coins and Cent Coins.Accordingly, the same has been confiscated with an option to the appellants to redeem the same on payment of fine of Rs. 7 lakhs. In addition, personal penalty of Rs. 1 lakh has been imposed upon the appellants.2. The appellants case, primarily is that they had imported the ship and while breaking the same, they had also scrapped the Casino machines fitted therein. Its so happened that the said Casino machines were having some plastic as also metal coins stuck therein, which were collected by them and kept aside. It is their contention that the said coins are not USA currency and the same are meant for playing the Casino games. The appellant's grievance is ...
Assistant Commissioner of Income Vs. Capt. K.P. Singh
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-23-2006
Reported in: (2007)107ITD82(Mum.)
1. The short issue requiring our adjudication in this case is whether or not the allowances received by the assessee while he is abroad in connection with the flying duties, are exempt under Section 10(14)(i) of the IT Act, 1961, and if these are held to be exempt, to what extent exemption under Section 10(14)(i) can be granted in the absence of actual evidence of expenditure incurred by the assessee. The assessee is a commercial pilot working in Air India Ltd. The assessment year involved in this appeal is 1997-98 and the assessment order in question is framed under Section 143(3) r/w Section 147(a) of the Act.2. The factual matrix giving rise to this litigation before us is like this. The assessee before us is a commercial pilot working for Air India Ltd, On 30th June, 1997, the assessee filed his IT return for the asst. yr. 1997-98 declaring income of Rs. 29,45,670. This return was processed under Section 143(1)(a) of the Act, and the income so returned by the assessee was duly acc...
Ana Praxedes Da Piedade Pinto Alias Anita Pinto, Daughter of Late Jose ...
Court: Mumbai
Decided on: Jun-23-2006
Reported in: 2006(5)BomCR51
Ranjana Desai, J.1. The petitioner is a person of unsound mind. She is aged about 87 years. She has filed this petition through Sr. Zeena Fernandes, In-charge of Old Age Home run by the Nuns of the Society of St. Joseph of Cluny. In this petition, the order dated 7/3/2006 passed by the IInd Additional Civil Judge, Senior Division at Margao in Special Civil Suit No. 94/2004/II is under challenge. 2. The facts which give rise to the petition may be shortly stated : By an order dated 14/11/1969, the District and Sessions Court of Goa, Daman and Diu at Panaji, had ordered that an inquiry be held as to whether the petitioner is of unsound mind and is incapable of managing her affairs. Accordingly, an inquiry was held and witnesses were examined. Dr. Adelia Costa, a specialist in mental deceases, was also examined. After the conclusion of the inquiry, the petitioner was held to be a person of unsound mind. Thereafter, by order dated 30/4/1970, one Louis Gonzaga Antonio D'Sao B. Pinto (for co...
Gajanan Ramraoji Ambagovind and ors. Vs. Corporation of the City of Na ...
Court: Mumbai
Decided on: Jun-23-2006
Reported in: 2006(6)BomCR413; 2006(4)MhLj789
R.M.S. Khandeparkar, J.1. Admit. By consent heard forthwith.2. The appellants challenge the order dated 1-2-2006 passed by the learned Single Judge in Writ Petition No. 439 of 2006 whereby the learned Single Judge has dismissed the said writ petition which was filed by the appellants against the order passed by the Commissioner on 24-1-2006. The Commissioner, by the said order had dismissed the revision applications filed by the appellants against the order dated 25-10-2005 passed by the Deputy Municipal Commissioner in the appeals filed by the appellants challenging the order/notice issued Under Section 289(1) of the City of Nagpur Corporation Act, 1948.3. Few facts relevant for the decision are that; a notice-cum-order dated 12-8-2005 hereinafter called as 'said notice' came to be issued to 31 occupants of a building situated in City Survey No. 3231 along with owner of building the respondent No. 8. By the said notice, in exercise of the powers Under Section 289(1) of the said Act, t...
Indian Institute of Architects Vs. Nagpur Improvement Trust and ors.
Court: Mumbai
Decided on: Jun-23-2006
Reported in: 2006(6)ALLMR320; 2006(5)BomCR110; 2006(44)MhLj49
B.P. Dharmadhikari, J.1. By this petition filed under Article 226 of the Constitution of India the petitioner, a Society registered under the Societies Registration Act, 1860, has challenged the communication dated 12-4-1991 issued by the Trust Engineer, informing the petitioners that the land, which is under reference No. W-87 for Architect Association, cannot be allotted to them. The petition has been filed sometime in the month of June-1991. It appears that, later on in exercise of powers under Section 31(1) of the Maharashtra Regional and Town Planning Act, 1966, respondent No. 2-State of Maharashtra has sanctioned draft development plan, in which such reservation in favour of petitioner has been removed. Challenge to this Notification published on 21-9-2001 in Government Gazette has been incorporated by way of amendment. It further appears that after finalization of development plan in terms of Section 31(6) of the Maharashtra Regional and Town Planning Act, respondent No. 1-Nagpu...
Dilip Namdeo Gaikwad and anr. Vs. Ramchandra Dhondu Kshirsagar and ors ...
Court: Mumbai
Decided on: Jun-23-2006
Reported in: III(2006)ACC483; 2007ACJ920; 2007(2)BomCR943; 2006(44)MhLj319
Abhay S. Oka, J.1. Heard the learned Counsel appearing for the appellants and the learned Counsel appearing for the respondent No. 6. The appellants are the original opponents in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act') by the respondents Nos. 1 to 5 herein. In the said claim petition the respondents Nos. 1 to 5 made an application under Section 140 of the said Act for grant of compensation of Rs. 25,000/- on account of no fault liability. By order dated 7th February, 1991, the said application was allowed and the appellant No. 2 herein was directed to pay a sum of Rs. 15,000/- to the respondents Nos. 1 to 5. The Judgment and order dated 7th February, 1991 has been impugned in the present Appeal.2. The learned Counsel appearing for the appellants submitted that even according to the respondents Nos. 1 to 5, the cause of death of the deceased was a heart attack. She pointed out that the accident took place on 22...
Lakhwinder Kaur Gurai Vs. Garison Children Education Society and ors.
Court: Mumbai
Decided on: Jun-23-2006
Reported in: 2006(5)BomCR612; 2006(44)MhLj332
ORDERD.Y. Chandrachud, J.1. The dispute in the present case relates to the inter se seniority between the petitioner and the third respondent who are both teachers employed by the Garison Childrens Education Society in the secondary school conducted by the society at Khadki. With the consent of all Counsel, the Writ Petition is taken up for final hearing.2. The petitioner joined the services of the institution on 4th August, 1988. The petitioner completed her B.Sc. in 1987 and her B.Ed, in 1988. (The petitioner has also completed her MA. in 1992, but which is not material for the present purposes).3. The third respondent joined the school earlier than the petitioner viz. on 22nd August, 1984. At the time of joining, the third respondent only had the B.Sc. Degree qualification. The third respondent completed the B.Ed, in 1989. Therefore, the admitted facts as they stand would demonstrate that the third respondent acquired a B.Ed. Degree after the petitioner.4. Rule 12 of the Maharashtra...
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