Mumbai Court December 2007 Judgments

Mrs. Mangala Vasant Yadav Vs. the Poona Sevasadan Society and ors.

Court: Mumbai

Reported in: 2008(5)ALLMR288; 2008(2)BomCR107; (2008)110BOMLR205

B.H. Marlapalle, J.1. Though this Petition is claimed to have been filed under Article 226 and 227 of the Constitution, the same is being treated under Article 227 only having regards to the reliefs prayed for in the petition. The Petition arises from the Judgement and Order dated 15-9-1990 rendered by the School Tribunal at Pune whereby dismissing the Appeal No. 105/1989 filed by the present Petitioner challenging the appointment of Respondent No. 5 to the post of Assistant Head Mistress w.e.f. 1-10-1989 at the Girls High School at Solapur. The cause for filing the appeal arose on 1-8-1987 and Section 9 of the MEPS Act was amended with effect from 7-8-1987 so as to provide for a remedy to apply in case of supersession as alleged as per the Maharashtra Employees of Private Schools (Conditions of Service) Regulations (Amendment) 1987.2. The Petitioner held the qualifications of B.A. B.Ed and she came to be appointed as an Assistant Teacher from 10-7-1981 as per the appointment order dat...

Ashish Kundanlal Jaiswal and anr. Vs. Commissioner of State Excise, Ma ...

Court: Mumbai

Reported in: 2008(2)ALLMR58; 2008(2)MhLj101

A.H. Joshi, J.1. Rule. Rule is made returnable forthwith and heard finally by consent of parties.2. The petitioner has challenged the Order (Annex. VIII) passed by respondent No. 3. Crucial grounds of challenge, amongst various other grounds raised in the petition and orally submitted, are that:(i) Petitioner was not heard when the respondent No. 4 was heard and hence order impugned is bad for violation of principles of natural justice.(ii) The impugned order does not contain reasons, whatsoever, leading to the conclusions arrived at and judgment given by the respondent No. 3.The contents of Judgment were read over by the learned Advocate for the petitioners. The vernacular text thereof is at pages 62 to 64, while the translation is at pages 65 to 67.3. On perusal of the judgment and order impugned, it is seen that:(a) the un-numbered paras 1 to 3 refer to the appearances and the background;(b) un-numbered Para 4 contains the brief factual background, including that a direction was giv...

JatIn Koticha Vs. Vfc Industries Pvt. Ltd.

Court: Mumbai

Reported in: 2008(3)ALLMR367; IV(2008)BC330; 2008(2)BomCR155; 2007(2)CTLJ432(Bom)

Bobde S.A., J.1. Heard.2. This is a Summary Suit for recovery of a sum of Rs. 4,39,585/- with further interest at the rate of 21% p.a. on the principal sum of Rs. 3,82,096/- from the date of filing of the suit till realisation and the costs.3. The plaintiff has filed suit for unpaid price of goods in the form of Impact Modifier Kane Ace B-31. In pursuance of the purchase order placed by the defendants, the goods were delivered along with invoices, whose receipt is not disputed by the defendants. The suit is filed as a Summary Suit on the basis that the invoices are in the form of a written contract as contemplated by Order XXXVII of the Code of Civil Procedure. The goods were delivered as follows:-------------------------------------------------Sr. Date Invoice Quant- Corr. Del. D.Cha-No. No. ity Pure- Cha- lanSupp hase an Datelied Order No.in kg. No.--------------------------------------------------1. 3.11. 670/04 500 R-2004 662 3.11.0404 -05 06003122. 9.11. 695/04 1000 R-2004 687 9.1...

Sharwari W/O Shailesh Sarpatwar Vs. Shailesh S/O Mahadeorao Sarpatwar ...

Court: Mumbai

Reported in: 2008(2)MhLj278

Vasanti A. Naik, J.1. Rule. Rule made returnable forthwith. The matter is finally heard at the stage of admission as the issue involved in this petition is a short one.2. Few facts giving rise to the petition are stated thus:The petitioner was married with the respondent No. 1 on 11-2-2000 and a female child by name Malvika was born from the wedlock on 28-1-2002. The parties started living separately some time in the month of June, 2005. The respondent No. 1 had filed a divorce petition before the Family Court at Nagpur which was assigned to the 2nd Family Court. It appears that the respondent No. 1 was permitted to engage a counsel to prosecute the petition. An application for custody of the minor child Malvika was also made by the respondent No. 1. On 15-10-2007, the petitioner filed a Written Statement as also a reply to the application for grant of custody of the child. The petitioner filed an application for grant of maintenance. On 15-10-2007, the respondent No. 1/husband, moved ...

United India Insurance Co. Ltd. Vs. Radhabai Wd/O Marotrao Kharate and ...

Court: Mumbai

Reported in: 2008(1)ALLMR875; 2008(2)BomCR441; 2008(2)MhLj741

B.P. Dharmadhikari, J.1. By this appeal filed under Section 30 of the Workmen's Compensation Act, 1923, the Insurance Company is challenging the judgment dated 30-3-1990 delivered by the Commissioner for Workmen's Compensation, Yavatmal, in Workmen's Compensation Case No. 11 of 1988. The said case was filed by relatives of deceased employee-Tukaram Kharate claiming compensation on account of accidental death of said Tukaram on 2-5-1987 in the night hours. The Commissioner has awarded compensation of Rs. 82,380/- with 6% interest from 2-5-1987 till payment in full. This Court has by order dated 12-4-1991 permitted the present respondents No. 1 and 2 to withdraw the amount by furnishing security. However, on 28-10-1993, that order came to be modified and 50% of share of each of these respondents No. 1 and 2 was only permitted to be withdrawn without furnishing any security. On 25-4-2003, this Court permitted respondent No. 3 to withdraw his share. It is, therefore, apparent that only sha...

Kisan Vanaji Satpure Vs. Baburao Jakhuji Wakankar Since Deceased Throu ...

Court: Mumbai

Reported in: 2008(1)ALLMR886; 2008(2)BomCR126; 2008(2)MhLj602

J.H. Bhatia, J.1. All these four revision applications may be disposed off by the common judgment as they arise out of the judgment passed by the Courts below in the suits filed by the same landlord for eviction against the tenants on the ground that he wants to demolish the whole building and to reconstruct the same.2. Revision applicants are the original defendants/tenants while the respondents are the legal heirs of the original landlord Baburao Jakhuji Wakankar. The said Baburao had two sons namely, Pandharinath and Vithal. The suit premises are situated at City Survey No. 1181 and they admeasure about 601.2 sq.mtrs. Property is situated at Budhwar Peth, Pune. The landlord Baburao had executed power of attorney in favour of his two sons and the suits came to be filed by him through his sons for eviction against the eleven tenants under the provisions of Section 16 of the Maharashtra Rent Control Act, 1999. It is the contention of the landlord that each of the tenants was occupying ...

Lime Chemicals Ltd., A.H. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. All these appeals are directed against order-in-original No.01/99-Commr. dt. 30.8.99. Since all these appeals are against the same order-in-original, and the issue being connected, the appeals are being disposed off by a common order.2. The relevant facts that arise for consideration are the appellant M/s. Lime Chemicals Ltd. 43, MIDC Industrial Area, Village-Dhatav, Roha Dist. Raigad (hereinafter referred to as the assessee) holder of Central Excise Registration No. 60/Roha/PNL-II/94 under Section 5 of Central Excise Act, 1944 (hereinafter referred to as the Act) are engaged in the manufacture of goods falling under Chapter 28 and 38 of Schedule to Central Excise Act, 1985 (hereinafter referred to as the said Schedule). Central Excise officers of Preventive Unit of Mumbai-VII Commissionerate on 07/02/1998 visited the factory premises and their Head office situated at 2^nd floor. Prem Estate, Sant Sawata Cross Road, Mustafa Bazar, Byculla, Mumbai - 400 010 and scrutinized the recor...

Girilal and Company a Partnership Firm Constituted Under the Indian Pa ...

Court: Mumbai

Reported in: [2008]300ITR432(Bom)

F.I. Rebello, J.1. A notice was served on the petitioners by Respondent No.1 under Section 148 of the Income-tax Act, hereinafter referred to as the Act, in which it is stated that he has reason to believe that the petitioner's income chargeable to tax for the assessment year 2001-02 had escaped assessment within the meaning of Section 147 of the Act. On 1st May, 2003 an assessment order was passed under Section 143 of the Act determining the total income at Rs. 12,36,393/- after allowing deduction under Section 80IB(10) of the Act. By the communication dated 11th April, 2007 the petitioner's Chartered Accountant sought the reasons recorded for re-opening the assessment. By communication dated 12th April, 2007 the reasons were made available. The respondent No.1 found that the assessee the petitioner herein had not correctly disclosed the actual assets of the plot used for construction and hence he was not entitled for deduction under Section 80IB(10). It was noted that the information...

Commissioner of Wealth Tax Vs. Spellbound Trading (P) Ltd.

Court: Mumbai

Reported in: (2008)214CTR(Bom)324; [2008]304ITR413(Bom)

ORDER1. Admit.Revenue has preferred this appeal on the following questions of law:(a) In the facts and circumstances of the case and in law, whether the rent and deposits received by the intermediary tenant from the ultimate user of the premises or the rent and deposit received by the assessee from the intermediary tenant, who never occupied the premises is to be taken for the computation of the net wealth of the assessee for valuation under Rule 3 of Part B of Schedule III of the WT Act, 1957?(b) Whether the assessee could be allowed deduction under Section 2(m) of the WT Act, 1957 of the debts owed on pro rata basis without the assessee establishing that the debts were incurred in relation to assets which formed part of the net wealth of the assessee?2. Insofar as question (a) is concerned, the same does not survive in view of the judgment of this Court in CIT v. Akshay Textiles Trading & Agencies (P) Ltd. decided in IT Appeal No. 607 of 2005 on 17th Oct., 2007 [reported at (2008) 1 ...

Savatram Dairy Products Ltd. Vs. Akola Municipal Corporation and ors.

Court: Mumbai

Reported in: 2008(2)ALLMR266; 2008(2)BomCR61; 2008(1)MhLj636

R.V. More, J.1. Heard the Learned Counsel for the respective parties.The abovesaid petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner for declaration that the reservation in respect of the land belonging to the petitioner, namely, 4 Hectares and 93 Are out of Survey No. 19 situated at Mouza Koulkhed, Tq. and District Akola, stands lapsed and the said land stands de-reserved, entitling the petitioner to use and develop the same as permissible in the case of adjacent land under the Development Plan. The petitioner also challenges the communication issued by the respondent No. 3 Collector of Akola dated 28-8-2006, rejecting petitioner's application for grant of permission to convert the user of the land for residential purpose, on the grounds that the respondent Nos. 1 and 2 have informed the said authority that the aforesaid land belonging to the petitioner is affected by a reservation.2. Civil Application No. 6402/07 is filed by 3 Councilors of A...