Mumbai Court September 2006 Judgments

Bhagwanrao S/O Ramchandrarao Patil and ors. Vs. the State of Maharasht ...

Court: Mumbai

Reported in: 2006(6)ALLMR508; 2006(6)BomCR260

V.R. Kingaonkar, J.1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.2. As per case of the petitioners term of the elected members of Vividh Karyakari Seva Sahakari Sanstha Maryadit, Talegaon (Bho), taluka Devni (District Latur) was to end on February 14, 2006. By virtue of Resolution No. 2 adopted in a meeting dated 27th October, 2005, it was decided by the managing body to commence the election process and for such purpose, one of the members by name Trimbak Kishanrao Sali was nominated to act as Election Officer. A proposal was submitted to the Assistant Registrar, Cooperative Societies, Udgir on 28.12.2005 to approve the nomination of the election officer for holding of the elections. It appears that before such proposal was approved by the Assistant Registrar, Co-operative Societies, Udgir-respondent No. 3, a request letter was given to said Shri Trimbak Sali on 30th December, 2005 and he was called upon to immediately declare the election program...

Suo Motu Writ Petition on the Reports Published in Various Marathi New ...

Court: Mumbai

Reported in: 2006(6)MhLj511

ORDERR.M. Lodha, J.1. In continuation of various affidavits filed on behalf of the State Government and the directions issued by this Court from time to time, further affidavit has been filed on behalf of the State Government by Dr. Raju Manohar Jotkar, Assistant Director of Health Services on September 20, 2006.2. It is apparent from the affidavit dated September 20, 2006 that the State Government has failed to combat child deaths within the State, tribal as well as non-tribal areas. In 15 tribal districts of the State, in the year 2003-04, the child mortality was 8,321 while in the years 2004-05 and 2005-06, it was 8,003 and 7,700, respectively. That means, there is only a marginal decrease in child death despite the claim of the State Government that various welfare schemes have been launched in the trial districts. The statement annexed with the affidavit is also revealing and saddens us. It appears that the child death of one to six years of age has been on increase over the years...

Mohan Anandrao Munde and anr. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2006(6)ALLMR517; 2006(6)BomCR648; 2006(6)MhLj813

Borde R.M., J.1. Heard Shri V.D. Hone holding for Shri P.D. Bachate, Advocate for the petitioner, Shri K.G. Patil, A.G.P. for respondent Nos. 1 to 5 Shri A.B. Girase of respondent No. 6, and Shri V.D. Salunke and Shri S.G. Jadhav, Advocates for the intervenors.2. Rule. Rule is made returnable forthwith, with the consent of the parties and the petition is taken up for final hearing at the admission stage.3. The petitioners herein seek to challenge the action of postponement of elections of the respondent No. 6 society. The respondent No. 6 is a specified co-operative society within the meaning of Section 73G of the Maharashtra Co-operative Societies Act. The petitioners are members of respondent No. 6 society. According to the petitioners, the last elections of the society were held in 2002. The first meeting of newly elected members of the Managing Committee was held on 6th March, 2002. As per the provisions of Section 73G(2) the term of the elected Managing Committee is five years. As...

Arefabee Sk. Mohammad and anr. Vs. State of Maharashtra

Court: Mumbai

Reported in: 2007CriLJ842

J.H. Bhatia, J.1. Notice to respondent returnable forthwith.2. Mr. Daund, learned A. P.P. waives notice. With consent of the learned Counsel, the application is taken up for final hearing immediately.3. The applicants are accused Nos. 1 and 2 in Sessions case No. 100/2004. They were on bail. Roznama reveals that both the applicants regularly and unfailingly remained present on every date except on one or two occasions. When application for exemption from attendance was made. Record reveals that on 12-7-2006 both the applicants were absent and the learned Additional Sessions Judge Basmathnagar passed an order to the effect that accused had jumped the bail, their bail bonds stand cancelled and N.B.W. be issued. On next date i.e. 17-8-2006, both the accused suo motu appeared without execution of warrant and made an application for cancellation of warrant. They stated in the application that on the previous date they could not remain present due to sad demise of mother of accused No. 1. In...

Regional Director Regional Vs. Sesa Goa Ltd.

Court: Mumbai

Reported in: 2007(1)ALLMR751; 2007(3)BomCR966; [2007(112)FLR522]; (2007)IILLJ635Bom

Kakade P.V., J.1. Heard both sides. Rule. Rule made returnable forthwith.2. The Regional Director, Employees' State Insurance Corporation has preferred this appeal against the judgment and order passed by the Presiding Officer, E.S.I.C, Panaji allowing the application of the respondent under Section 75 of the Employees State Insurance Act, holding that the impugned notices dated 17.9.1997 Ref. No. 483, dated 12.2.1998 Ref. No. 858 and 12.2.1998 Ref. No. 860 and order dated 2.7.1998 under E.S.I. are bad and null and void and hence were liable to be quashed and set aside.3. The respondent is engaged in the business of extraction of iron ore and its export and has mines in various parts of Goa. Respondent has stated that the administrative work in connection with the operations of mines and its export is carried out at its Head Office at Sesa Ghor, 20 EDC Complex, Patto, Panaji, Goa. Respondent also has stated that the employees engaged in the export of ore are less than 20 and has furthe...

Tata Consultancy Services Ltd. Vs. Regional Provident Fund Commissione ...

Court: Mumbai

Reported in: 2006(6)ALLMR451; 2007(4)BomCR367; [2007(113)FLR96]; (2007)IILLJ452Bom

D.Y. Chandrachud, J.1. The issue which arises in these proceedings under Article 226 of the Constitution of India turns upon the interpretation of a notification issued by the Central Government in the exercise of the power conferred by Section 1(3)(b) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The effect and purport of the notification was that with effect from May 31, 1971, the Act was extended to 'every establishment' rendering expert services such as supplying of personnel, advice on domestic or departmental enquiries, special services in rectifying pilferage, thefts and pay roll irregularities to factories and establishments and employing 20 or more persons. The adjudicating authorities governed by the provisions of the Act, including the Appellate Tribunal came to the conclusion that Tata Consultancy Services Ltd., the Petitioner before the Court, met the description of an organization rendering expert services within the meaning of the notification...

Ramesh Bhimrao Patil Vs. Mohan Daji Mali and ors.

Court: Mumbai

Reported in: 2007(3)BomCR978

Deshpande D.G., J.1. Heard learned Advocate for the petitioner. Though the respondents were served, nobody is present for them. The applicant, who was an injured person, had filed an application before the Motor Accident Claims Tribunal, Pune vide M.A.C.P. No. 4 of 1991. It was an application under Section 166 of the Motor Vehicle Act, 1988. He also applied therein for condonation of delay. The accident had occurred on 24/11/1989 and his application for condonation of delay under Section 140 of the Motor Vehicle Act, 1988, [herein after referred to as the M.V. Act, came to be filed on 20.10.199.1.2. The M.A.C.T. Pune, treating this application as Exhibit 12, rejected the application on the ground that there was no provision for condoning the delay or after coming to the conclusion that the tribunal has no jurisdiction to entertain the application for condonation of delay filed after one year of the accident. It is against this order of the M.A.C.T. dated 28.4.1992 the present petition ...

B.R. Mehra Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard both sides. Shri Madhur Baya, ld. Counsel has filed ROM application on behalf of M/s. Sonal Prints, on the ground that the order dt. 9-12-2005 stating that the appeals are remanded with the consent of both sides is not factually correct. The ld. Counsel submitted that he has not given such a consent, therefore, Hon'ble Tribunal be pleased to rectify the mistake in the said order by deleting the word 'consent' in so far as the applicant is concerned.2. At the out set we would like to state that the order was dictated and pronounced in the open court. Therefore, if the Counsel had any objection, he could have raised it at that point of time. According to us whatever was agreed, we have recorded. It is not possible for us to recollect after the gap of more than 9 months that the applicant has not consented. After going through the application we do not find any ground as to how the applicant is prejudiced by the said order. On specific query by the Bench from Id. Counsel as to h...

Essel Propack Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard both sides. Ld. C.A. on behalf of the appellant submitted that despite the waiver order dated 30-9-2004, the Supdt. as per letter dated 2-2-2006 has asked the appellant to make payment immediately. Ld.SDR appearing on behalf of the Revenue fairly agrees that once the pre-deposit has already been dispensed with; then the status quo has to be maintained. He undertakes to convey the Superintendent not to take coercive steps for recovery.2. In view of the above, we dismiss the Modification Application filed by the Appellant....

Commissioner of Central Excise Vs. Zim Laboratories Limited

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2006)(113)ECC420

1. This is a department's appeal filed against the order of Commissioner (Appeals), Central Excise, Bhopal vide his order No.YPP/535/M.III&NGP/2001 dated 17/04/2001 by which the Commissioner (Appeals) has set aside the order-in-original dated 18/11/1996 passed by the Assistant Commissioner of Central Excise, Nagpur Division II of Nagpur Commissionerate.2. The assessee is manufacturing and clearing pharmaceutical drugs to the depots and from there they sell them to various buyers. In addition, they are also clearing a portion of the pharmaceutical drugs manufactured by them for distribution to Doctors as free samples. The valuation of the free samples is the matter of dispute. The Assistant Commissioner has adopted the value of comparable goods for levying duty on the free samples. While adopting value of comparable goods disallowed the deduction claimed on account of cash discount, quantity discount, which are subject to conditions being fulfilled at the time of sale from depot an...