Mumbai Court May 2007 Judgments
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Dominic Fernandes Vs. Voltas Ltd.
Court: Mumbai
Decided on: May-03-2007
Reported in: 2007(6)ALLMR381; 2007(5)BomCR392; 2007(4)MhLj163
V.C. Daga, J.1. This petition is directed against the award and judgment dated 26th April, 2004 in Reference (IDA) No. 932/1999 passed by the First Labour Court holding that the petitioner is not entitled to reinstatement with full backwages and continuity service with effect from 1st December, 1997.Brief Facts:2. The brief facts of the case as borne out from the petition are that the petitioner-workman was appointed on 22nd June, 1956 as 'Mazdoor' on temporary basis. At that time, while seeking temporary appointment, he had disclosed his date of birth as '1-1-1938'. However, according to the petitioner, his correct date of birth is '1st January, 1939' and not 1st January, 1938. After completion of initial temporary service, the petitioner was again appointed from time to time on fixed temporary tenure basis till 10th April, 1962. According to the petitioner, in the temporary appointment letters dated 9th October, 1961 and 26th March, 1962, issued by the respondent-employer, his date o...
Omprakash Gulabchand Partani and anr. Vs. Charity Commissioner
Court: Mumbai
Decided on: May-03-2007
Reported in: 2008(1)ALLMR228; 2007(5)BomCR195
Naik V.A., J.1. Heard.2. By this second appeal, the appellants challenge the Order passed by the Asstt. Charity Commissioner, Amravati Region, Amravati, on 26th June, 2006, as also the Order passed by the District Judge, Amravati, in Misc. Civil Application No. 140 of 2006 on 17th October, 2006.Brief facts giving rise to the second appeal and to the controversy involved therein are stated as under:3. The appellants [original applicants] are the recorded trustees of one Shri Maharudra Maroti Sansthan, Jahangirpur. The said Sansthan bears Registration No. A-1381/ Amravati. The appellants had filed an application before the Asstt. Charity Commissioner, Amravati, for framing of a scheme under the provisions of Section 50-A of the Bombay Public Trusts Act. The scheme for the aforesaid Trust was framed by the Asstt. Charity Commissioner on 23rd April, 1991. It is the case of the appellants that after framing of the scheme by the authority, the Trust is being managed and administered by the a...
Reliance Natural Resources Limited, (Formerly Global Fuel Management S ...
Court: Mumbai
Decided on: May-03-2007
Reported in: [2008]142CompCas139(Bom)
ORDERA.M. Khanwilkar, J.1. This Order will dispose of prayer for ad-interim relief pressed by the Applicant. 2. Present Application has been taken out in the Application filed by the Applicant purported to be under Section 392 of the Companies Act, 1956 (hereinafter referred to as the Act). That Application arises out of the order passed by the Company Judge on 19th December 2005 sanctioning Scheme of Arrangement/De-merger of Reliance Industries Limited (RIL). The Scheme sanctioned by this Court became effective on 21st December 2005. The present proceedings are essentially confined to the issues arising from the Scheme sanctioned by the Court in relation to the business and undertaking of gas based power generation, distribution and transmission of the gas based energy undertaking. 3. The controversy in the present proceedings is in relation to the Gas Sale Master Agreement (GSMA) and Gas Sale Purchase Agreement (GSPA) executed between the Applicant and Respondent Companies on 12th Ja...
Municipal Council Vs. Manu Sudesh Malik and anr.
Court: Mumbai
Decided on: May-03-2007
Reported in: 2007(6)ALLMR267; 2008(3)BomCR832
Chaudhari A.B., J.1. Rule returnable forthwith. Heard finally be consent of parties.In these writ petitions, an interlocutory order dated 28-2-2005 passed below Ex. 13 in Complaint (ULPA) Nos. 534/03, 537/03, 529/03, 533/03, 535/03, 536/03 and 539 of 2003 is impugned by which the Industrial Court, Nagpur, rejected the application for dismissal of the complaint filed by respondent No. 1. These petitions being against interlocutory order deciding no rights pf the parties, looking to the nature of the impugned orders, are treated as under Article 227 of the Constitution of India.2. Facts:The respondent No. 1 belonging to sweeper community filed a complaint before the Industrial Court under Section 28 read with Items 6 and 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short MRTU and PULP Act). In the complaint, it is pleaded that in accordance with the policy adopted by the State Government to appoint relatives/close re...
Bharati Tele-ventures Ltd. Vs. Commissioner of Cen. Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-01-2007
Reported in: (2007)11STJ65CESTAT(Mum.)bai
1. We have heard both sides on the application for waiver of pre-deposit of Service Tax credit of Rs. 2,04,39,093 and penalty of equal amount. The demand arises as a result of holding that Towers and parts of Towers and pre-fabricated building, Printers and Office Chairs are not capital goods for the purpose of providing output service - Cellular telephone service.2. We find that a prima facie case has been made out as regards credit on Towers and parts of Towers and pre-fabricated shelter for protecting Transmission devices in the light of the order dated 31.1.07 of the Commissioner of Central Excise, Mumbai - the Department itself has expressed different views on the availability of Service Tax credit on these items. The amount of Service Tax credit on these two items is about Rs. 1.88 crores. As regards the other two items viz. Printers and Office chairs, the ld. advocate for the applicants offers to deposit a sum of Rs. 10 lakhs. While holding that a prima facie case for waiver ha...
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