Mumbai Court March 2007 Judgments
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Sayeed Shah Badush Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-08-2007
Reported in: 2007(3)ALLMR770; 2007(4)BomCR339
Joshi A.H., J1. Rule. Rule is made returnable forthwith by consent of parties.2. Heard.3. The foundation of the petition is based on one legal proposition and another factual submission, which can be narrated as follows:[a] Whenever a person claiming to be belonging to De-notified Tribe - 'Chhaperband' satisfies three conditions, namely [1] he is a Muslim, [2] his forefathers' names includes the term 'Fakir', or they are locally known as 'Fakirs', and [3] that the word ''Shah' appears in the name of his fore farmers as a suffix; he is entitled for validation of his tribe claim.[b] On facts of die case, according to petitioner, record of his forefathers is of 'Fakir', as well it consists of the suffix 'Shah' and they belong to Muslim faith. The petitioner is, therefore, entitled to validation as 'Chapperband', Nomadic Tribe.[c| The petitioner has placed reliance for this purpose on the report of Police Vigilance Cell, which, according to petitioner, helps him, since all the three condit...
Haryana Prathmik Shikshan Pariyojana Parishad Vs. Century Coolers
Court: Mumbai
Decided on: Mar-08-2007
Reported in: 2007(3)ARBLR249(Bom); 2007(4)BomCR355
Pangarkar C.L., J.1. This revision is filed. by the applicant/ defendant being aggrieved by the fact that its application under Section 8 of the Arbitration and Conciliation Act was rejected by the Civil Judge (Sr. Dn.), Nagpur.2. The facts giving rise to this revision, in short, are as follows - The non-applicant/ plaintiff is a Manufacturer of Cooler as well as Almirahs. It entered into an agreement of supply of 1022 almirahs valued at Rs. 3625/ - each to the defendant. The order was placed with the plaintiff by the defendant on 20.5.2000. The goods were to be delivered within thirty days from the date of signing of the contract. In pursuance of the said agreement, terms were reduced to writing and the said contract was signed by the parties. The plaintiff had furnished a bank guarantee of Rs. 1,85,238/- on 24.5.2003. The same was valid up to 31.8.2004. It is alleged that the defendant all of a sudden encashed the bank guarantee and terminated the contract. It is contended that there...
Tatyasaheb Kore Warna Sahakari Sakhar Karkhana Ltd. Vs. Commissioner o ...
Court: Mumbai
Decided on: Mar-08-2007
Reported in: 2007(4)BomCR874
Rebello F.I., J.1. The petitioner is a co-operative sugar factory duly incorporated under the provisions of Maharashtra Co-operative Societies Act, 1960. The petitioners have a license to manufacture sugar. They have also licence to manufacture alcohol as a Bye product at their distillery plant.2. It is the case of the petitioners that since the petitioners manufacture an excisable item, the State Excise Department of the Government of Maharashtra has established its independent office in the petitioners Distillery and an inspector has been appointed as incharge by the State Excise Department for levying of excise duty when applicable and for keeping the required register and records. The liquor distilled at the Distillery in fact for all purposes is under the physical control of the State Excise Department under a Distillery Officer and necessary staff is appointed for the supervision by Government at the cost of the petitioner.3. Excise duty on alcohol meant for human consumption is ...
Dirk India Pvt. Ltd. Vs. Mahagenco
Court: Mumbai
Decided on: Mar-08-2007
Reported in: 2007(5)BomCR207
Karnik D.G., J.1. The respondent has constructed a thermal electric power generation plant, (for short 'The power plant') at Eklahare, Nashik. Coal is used for firing boilers. Ash generated by burning of coal, known as fly ash released in the air is a potential health hazard. At one point of time, fly ash was regarded merely as an industrial waste, requiring proper care and attention for its disposal. On 14th September 1999, a notification was issued by the Government of India in the Ministry of Environment and Forest inter alia setting out guide-lines for the disposal of the fly ash. Fly ash, which at one time was merely an industrial waste, appears to have become saleable bye produce on account of new technology alleged to be developed by the petitioner. Fly ash is used as a raw material for the production of a substance called 'Pozzoorete' used for surfacing roads which reduces use of cement concrete and strengthens and increase life of roads.2. On 4th October, 2002 an agreement was...
Pannalal Sadulmal Kothari and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Mar-08-2007
Reported in: II(2007)DMC440
P.V. Hardas, J.1. The appellants/original accused Nos. 2, 4, 5 and 8 who stand convicted for an offence punishable under Section 498A read with Section 34 of the Indian Penal Code and sentenced to R.I. for one year and to pay fine of Rs. 1,000 each, with a default condition of undergoing further R.I. for three months in the event of non-payment of fine by the Additional Sessions Judge, Amalner, by judgment dated 29.8.1996, in Sessions Case No. 8 of 1989 (41 of 1987), by this appeal question the correctness of their conviction and sentence.2. Such of the facts as are necessary for the decision of this appeal may briefly be stated thus:P.W.13 PSI Patil who was attached to Amalner Police Station as a P.S.I, received a certificate from the Chief Medical Officer, Amalner regarding death of one Manjula w/o Mulchand, original accused No. 8. He accordingly registered an accidental death vide A.D. No. 29 of 1986. Thereafter one ASI Sapkale drew the inquest Panchnama at Exh. 31. On 16.7.1986 P.W...
Kwality Pharmaceuticals Pvt. Vs. Commissioner of Customs (import)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Mar-07-2007
Reported in: (2007)(120)ECC221
1. After hearing both sides for some time on the applications for waiver of pre-deposit of penalties imposed upon the appellants herein under the provisions of Section 129E of the Customs Act, 1962, we found that it was possible to hear and decide the appeals themselves as the grievance of the appellants is that of contravention of principles of natural justice; hence after granting the prayer for waiver, we take up the appeals for final decision.2. The case of the department is that M/s. Kwality Pharmaceuticals Pvt.Ltd. imported goods declared to be albendazole, which was found to be diethyl proprion hydrochloride, which is a psychotropic substance covered under the NDPS Act, under bill of entry dated 03/06/1998. The Commissioner has ordered absolute confiscation of the goods and imposed penalties as under:i. Kwality Pharmaceuticals : Rs. 35 lakhsii. Shri Ramesh Arora, Managing Director : Rs. 30 lakhsiii. Shri Ajay Arora, Director : Rs. 20 lakhsiv. Shri K.K. Tiwari, Employee : Rs. 10...
Blue Star Ltd. Vs. Joint Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Mar-07-2007
Reported in: (2007)108TTJ(Mum.)336
1. These are cross-appeals filed by both the parties against the order passed by the CIT(A) for asst. yr. 1996-97 on 12th Feb., 2001. We find it convenient to dispose of both of them by a consolidated order. 1. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in upholding a deduction of Rs. 35,00,000 as indirect expenses from net receipts eligible for deduction under Section 80-O of the IT Act, 1961 against appellant's claim that no such deduction can be made to arrive at the income eligible for deduction under the provisions of the said section. 2. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in failing to appreciate that deduction under Section 80-O of the Act was required to be computed with respect of net receipts in foreign exchange and no adjustment to the same is contemplated by the provisions of Section 80-O of the Act. 3. The appellant prays that the deduction under Section 80-O of the Act...
Thrity Sam Shroff Vs. Shiraz Byramji Anklesaria and
Court: Mumbai
Decided on: Mar-07-2007
Reported in: AIR2007Bom103; 2007(2)ALLMR856; 2007(2)BomCR560; (2007)109BOMLR606
R.M.S. Khandeparkar, J.1. Heard. Admit. The learned advocate waives service for the respondents. By consent, heard forthwith. 2. The appeal arises from an order dated 11th January, 2007 passed by the Learned Single Judge in Notice of Motion No. 117 of 2006 in Suit No. 35 of 1996 in Petition No. 84 of 1993. By the impugned order, the Learned Single Judge has discharged the notice of motion while imposing costs of Rs. 10,000/-on the appellant. By the impugned order, the Learned Single Judge has held that in the civil suit the plaintiffs have died and it is not in dispute that the original petition was filed by them for probate of the Will of the deceased in their capacity as the executors as named in the Will, the suit abates and therefore, obviously the notice of motion in the suit, which does not remain pending for interim orders, cannot be entertained. 3. The appellant herein had taken out the said notice of motion seeking various reliefs including the relief for appointment of an Off...
Maharashtra Industries Development Corporation Vs. Govardhani Construc ...
Court: Mumbai
Decided on: Mar-07-2007
Reported in: 2007(3)ALLMR22; 2007(2)ARBLR523(Bom); 2007(2)BomCR835
ORDERR.M.S. Khandeparkar, J.1. Heard. A preliminary objection is sought to be raised on behalf of the respondent about deficit court fee being paid on the appeal by the appellant. It is the contention of the respondent that the appellant is liable to pay court fee in terms of Article 1 of Schedule I of the Bombay Court Fees Act, 1959, hereinafter called as 'the said Act', and not in terms of Article 13(c) of Schedule II thereof. In the alternative, it is sought to be contended that the appellant is liable to pay court fee at least in terms of Article 3 of Schedule I of the said Act. The appellant having paid the court fee in terms of Article 13 of Schedule II of the said Act, the appeal is liable to be rejected in limine. On the other hand, the appellant insists that the provisions of law as regards the payment of court fees, which are attracted in the matter, are essentially those comprised under Article 13 of Schedule II of the said Act and none other.2. The learned advocate for the ...
Oil and Natural Gas Corporation Ltd., a Company Incorporated Under the ...
Court: Mumbai
Decided on: Mar-07-2007
Reported in: 2007(3)ALLMR119; 2007(2)BomCR753; (2007)109BOMLR620; [2007(113)FLR923]; (2007)2LLJ1085Bom
ORDERR.M.S. Khandeparkar, J.1. Since common question of law and facts arise in the above petitions, they were heard together and are being disposed of by this common order.2. The above petitions arise from the impugned order dated 17th August, 2006 passed by the Central Government Industrial Tribunal, Mumbai, whereby the parties are directed to maintain status quo till disposal of the references.3. The impugned order is sought to be challenged mainly on three grounds, namely, that the Industrial Tribunal failed to consider that there is no employer employee relationship between the parties, and therefore, the Industrial Tribunal had no jurisdiction to grant reliefs asked for. Secondly, that the Industrial Tribunal was very much influenced by the directions which were issued earlier by this Court in respect of the parties to the proceeding. And thirdly, that the Industrial Tribunal has no jurisdiction to grant interim relief.4. The impugned order has been passed in the references pendin...
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