Mumbai Court March 2007 Judgments

Sahara India Commercial Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. At the outset, we note that the applicants have already paid Rs. 90,56,544/-together with interest of Rs. 9,64,742/-, out of the total Service Tax amount of Rs. 92,53,924/- confirmed against them. We, therefore, waive pre-deposit of balance service tax and penalty of amount equal to service tax in terms of Section 78, Rs. 1,000/- in terms of Section 77 and Rs. 200/- per day during the period of continuing failure to pay service tax under the provisions of Section 76 of Chapter V of Finance Act, 1944 and stay recovery thereof pending the appeal....

Indian Institute of Technology Vs. Creative Construction

Court: Mumbai

Reported in: 2007(5)BomCR235; 2007(5)MhLj323

R.M.S. Khandeparkar, J.1. Since common questions of law and facts arise in both these appeals, they were heard together and are being disposed of by this common judgment.2. Both these appeals arise from the judgment dated 2nd November, 1998, passed by the learned Single Judge in Arbitration Petition No. 14 of 1987. By the impugned judgment the learned Single Judge has allowed the Arbitration Petition which was filed by The Indian Institute of Technology, who are appellants in the Appeal No. 109 of 1999, (hereinafter called 'the appellants'). M/s Creative Construction, are the appellants in Appeal No. 349 of 1999 (hereinafter called 'the respondents')- The learned Single Judge has reduced the rate of interest to 7% per annum from 18% per annum which was granted in the award dated 27th August, 1996 passed by the learned arbitrator.3. The challenge to the impugned order by the appellants is on the ground that the learned Single Judge failed to take note of the fact that the respondents ha...

Thakare Vishnu Namdeorao and ors. Vs. State of Maharashtra, Through Ch ...

Court: Mumbai

Reported in: 2007(4)ALLMR88; 2007(4)BomCR157; (2007)109BOMLR1205

ORDERR.S. Mohite, J. 1. Rule. By consent, Rule made returnable forthwith. 2. This Petition has been filed by the students of Pharmacy studying in various Pharmacy Colleges in the State of Maharashtra impugning the fees fixed as mentioned in the chart published by the Department of Technical Education on their website on 5th October, 2006. A perusal of the impugned chart which is at Exhibit-K to the Petition indicates that the fees as fixed by the Director of Technical Education were in respect of 22 Pharmacy Colleges and the fees per term was fixed either at Rs. 1,00,000/- or at Rs. 1,25,000/-, depending on the College. As per the orders passed by the Apex Court in the case of Islamic Academy of Education and Anr. v. State of Karnataka and Ors. : AIR2003SC3724 and in P.A. Inamdar v. State of Maharashtra (2005) 6 SCC 537, the fixation of fees was required to be done after hearing the affected Colleges by a Special Committee which, in Maharashtra, is known as the 'Shikshan Shulka Samitee...

Commissioner of Central Excise Vs. Bajaj Allianz General Insurance

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. The application for condonation of delay of 9 months in preferring the above appeal is dismissed, inspite of being strenuously argued by the learned SDR that the delay requires to be condoned, as we do not find any ground for condoning the delay. Consequently the appeal is also dismissed as barred by limitation....

Union of India (Uoi) Vs. Prashant Raj and Co.

Court: Mumbai

Reported in: 2007(4)ALLMR91; 2007(2)ARBLR375(Bom); 2007(3)BomCR132; 2007(4)MhLj442

Anoop V. Mohta, J.1. The petitioner has challenged this award only on the ground of grant of 8% interest in reference to claim Nos. 6 and 9 as the respondents were not entitled for any interest. No other points raised. The Arbitral Tribunal, after considering the submission made by the parties, has granted 8% rate of interest instead of 18% p.a. as was claimed by the respondents. 2. The learned Counsel appearing for the petitioner basically contended that revised Clauses 63 and 64 of the GCC (General Conditions of Contracts) was sent to the respondents vide letter dated 20.10.1997. The parties have, based on the revised clauses, appointed an Arbitrator and proceeded accordingly. The counter claim was also filed as per the revised Clause 64 of GCC. As per Clause 64(5) no interest is payable and therefore the grant of interest at the rate of 8% per annum is unsustainable.3. Admittedly, when the basic contract in question entered into between the parties which was dated 30.4.1996. The per...

Hanumandas Vallabhdas and Son, a Partnership Fir, Its Partner, Shri Sh ...

Court: Mumbai

Reported in: 2007(3)ALLMR295; 2007(3)BomCR680; 2007(4)MhLj721

ORDERS.B. Deshmukh, J.1. Heard learned Counsel Mr. S.V.Gangapurwala, instructed by Mr. Pushkar Shendurnikar, Advocate for the Petitioner and the learned Counsel Mr. Mahesh Patil for legal heirs of Respondent No. 1 and for Respondent No. 2. Respondent Nos. 4, 5 and 8 are deleted. None appears for Respondent Nos. 3, 6 and 7 despite service.2. Challenge, in this writ petition, is to the order passed by the first Appellate Court below Exhibit-53 on 26th August, 2005, in Regular Civil Appeal No. 171 of 2001, pending on the file of learned District Judge at Dhule. It was an application seeking amendment to the written statement filed by the Appellant there in that appeal, who was original defendant No. 7 in Special Civil Suit No. 27 of 1999.3. A resume of few relevant facts would suffice.(a) Regular Civil Suit No. 408 of 1994 was filed by one Pitambar Bhatu Chaudhary and another against Kashinath Yashwant and seven others. This suit was filed on 14th October, 1994. It is alleged in the suit ...

Kamlabai Vitthal Rohankar Vs. Additional Collector and ors.

Court: Mumbai

Reported in: 2007(3)ALLMR761; 2007(3)BomCR630

More R.V., J.1. Admit. Heard finally the learned Counsel for the parties by consent.2. This Letters Patent Appeal under Clause 15 of the Letters Patent (Bombay) takes exception to the judgment dated 23.1.2007 passed by the learned Single Judge of this High Court in Writ Petition No. 278/07.3. At the outset, the Counsel for the respondent No. 4 took preliminary objection regarding the maintainability of the Letters Patent Appeal against the order of learned Single Judge. Perusal of the Writ Petition discloses that the respondent No. 4 himself who was petitioner in the above Writ Petition has mentioned Article 226 of the Constitution of India in the cause title of the petition. Even para 6 of the petition reads as follows:Petitioner has no other alternative efficacious remedy to file the present Writ Petition under Article 226 of the Constitution of India.Therefore, it is apparent that respondent No. 4 herein/petitioner has filed above Writ Petition by resorting to the provisions of Arti...

Namdeo Dashrath Shinde and ors. Vs. State of Maharashtra

Court: Mumbai

Reported in: 2007CriLJ3147

S.P. Kukday, J.1. Appellant No. 3 is convicted for having committed an offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life. She is further convicted for the offence punishable under Section 498A of the Penal Code and is separately sentenced to suffer rigorous imprisonment for three years. Appellant Nos. 1 and 2 are also convicted for the offence punishable under Section 498A of the Penal Code. They are sentenced to suffer R.I. for two years. All the sentences carry default stipulation.2. Brief facts giving rise to this appeal, are that Balaji (P.W. 4) is native of Degaon. His daughter Sangita (since deceased) married Vyankati (appellant No. 2) in the year 2000. At the time of marriage, payment of Rs. 25,000/- by way of dowry along with some other articles, was to be made. Out of this, Rs. 20,000/- were paid and Rs. 5,000/ - were to be paid subsequently. As this amount was not paid, husband of the deceased, her father-in-law Nam...

Board of Trustees of the Port of Mumbai Vs. Deepak Sakharam Raut and a ...

Court: Mumbai

Reported in: 2007(5)BomCR230; [2007(115)FLR116]; 2007(5)MhLj538

Kanade V.M., J.1. By this petition, the petitioner - Bombay Port Trust is challenging the Award passed by the Central Government Industrial Tribunal No. 1 in Reference CGIT-53/98 dated 21.8.2003 whereby the Tribunal directed the petitioner- Port Trust to reinstate the respondent as Assistant Welder w.e.f. from 1.5.87 with continuity in service but without payment of backwages. The Tribunal also further directed the petitioner - Port Trust to grant the respondent's seniority from the date of his termination i.e. from 1.5.87. The Tribunal further directed that if the respondent was entitled to further promotion on the basis of his seniority, the Port Trust should consider him by promoting him to the next higher cadre as if he was working as a Assistant Welder from the date on which he was found due for promotion.2. Brief facts which are relevant for the purpose of deciding this petition are as under:Sometime in 1984, the Recruitment Committee of the petitioner empanelled candidates for t...

Force Motors Ltd. and Jaya Hind Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2007)(119)ECC241

1. Nobody appeared for the appellants. Accordingly I have heard Shri.U.H. Jadhav, ld. JDR appearing for the Revenue and have gone through the impugned orders passed by the Commissioner (Appeals) vide which he has reversed the Order of Joint Commissioner by accepting the Revenue's appeal filed before him in the case of Force Motors Ltd. and has upheld the order in the case of M/s. Jaya Hind Industries Ltd. The effect of both the orders is that duty stand confirmed against the assessee. As the issue involved in both the appeals is common they are being disposed of by one order.2. As per facts on records the appellant was availing benefit of Modvat credit of duty in respect of various inputs received by them. The said credit was being availed by them on the basis of Central Excise invoices issued by the input manufacturer / supplier showing the quantum of duty paid thereon. There is no dispute about the above factual position. However, subsequently the value of inputs was reduced and the...