Mumbai Court July 2007 Judgments
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indo Rama Synthetics (India) Limited (a Company Incorporated Under the ...
Court: Mumbai
Decided on: Jul-06-2007
Reported in: 2007(6)BomCR302; (2007)109BOMLR1327; 2007(120)ECC15; 2007LC15(Bombay)
J.P. Devadhar, J.1. Heard Shri V.S. Nankani, the learned Counsel appearing on behalf of the appellant-assessee and Shri S.K. Mishra, the learned Assistant Solicitor General appearing on behalf of the respondent. 2. This appeal is filed by the appellant-assessee under Section 35G of the Central Excise Act, 1944 (Act for short) against the order of CESTAT dated 25th January, 2006/20th February, 2006 in Appeal No. A/334/WZB/06/C-1/GB. 3. Although several questions are raised in this appeal, the only argument advanced before us is regarding the availment of Modvat Credit on the inputs used in the manufacture of electricity supplied to the residential complexes within the licensed premises. As there are conflicting decisions of the Tribunal, we admit the appeal on the following re-framed question of law:Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is not entitled to input duty credit on furnace oil used for generation of ...
Chandrabhagabai Ganpati Karwar Died Lrs. Ishwar Ganpati Karwar and ors ...
Court: Mumbai
Decided on: Jul-06-2007
Reported in: AIR2007Bom201; 2008(1)ALLMR54; 2007(6)MhLj471
V.R. Kingaonkar, J.1. This second appeal arises out of concurrent findings and judgments of the trial Court and the first Appellate Court. The first Appellate Court confirmed decree rendered in favour of deceased respondent - plaintiff declaring him as owner of the suit property and for injunction simpliciter.2. The following genealogy table is admitted and would clarify relationship between the parties. Sambhaji (deceased plaintiff) | ---------------------------------- | | Rambhau (son) Ganpati (son) Chandrabhagabai (defendant/appellant claims to be wife)3. There is no dispute about the fact that the suit properties were allotted to deceased Ganpati during family partition, which was effected by deceased plaintiff Sambhaji somewhere in 1963-64. Thereafter, Ganpati and Rambhau were residing separately. Ganpati was separately enjoying the suit properties till his death. He died on 13-8-1976. He had married but his first wife by name Rakhmabai died issueless much before he got separated ...
Commissioner of Income Tax Vs. Shivaji Works Ltd.
Court: Mumbai
Decided on: Jul-06-2007
Reported in: (2007)213CTR(Bom)571
F.I. Rebello, J.1. The respondent has raised a preliminary objection that considering the valuation for the purpose of filing appeal and the notifications by CBDT issued and the judgments of this Court, the appeal as filed is not maintainable and ought to be dismissed. On the other hand, on behalf of the appellant, learned Counsel submits that on merits the issue is squarely covered in favour of the Revenue by the judgment of the Supreme Court in Britannia Industries Ltd. v. CIT and Anr. : [2005]278ITR546(SC) . The apex Court by the said judgment has held that the expenses for maintenance of guest-house are not subject to exemption or disallowed under Section 37(4) of the IT Act. It has also been pointed out that the circular itself provides that when the issue is recurring, an appeal can be preferred. On behalf of the Respondent, the learned Counsel has drawn our attention to the judgment of this Court in the CIT v. Cameo Colour Co. : [2002]254ITR565(Bom) . The learned Bench of this C...
S.B. Panchal and Co. Vs. Saraswat Co-operative Bank Ltd.
Court: Mumbai
Decided on: Jul-06-2007
Reported in: 2007(6)ALLMR590; 2007(6)BomCR309; 2007(5)MhLj496
R.V. More, J.1. The petitioner, by filing the aforesaid petition, takes exception to the common judgment and order dated 20-11-1997 passed by Appellate Bench of Small Causes Court, Bombay, in the Full Court Application Nos. 111/19%, 112/1996, 113/1996, and 114/1996 thereby reversing the judgment and decree passed by the trial Court in Summary Suit Nos. 2109/2166/1988, 2110/2167/1988, 2111/2168/1988 and 2112/2169/1988 respectively. The brief facts giving rise to the present petition are as follows:2. The petitioner is a partnership Firm carrying on the business of Pharmaceuticals Machinery and Fabrication work. In the year 1978, the petitioner Firm had opened an account with the respondent Bank at Worli Branch. The petitioner's account was operated by partners namely Amrutlal Chaturlal Panchal and brother Babulal Chaturlal Panchal. Usually, Amrutlal Panchal used to sign the cheques and in his absence, Babulal Panchal used to sign it. The respondent Bank issued to the petitioner cheque b...
Ratansi Dayalal Shah and anr. Vs. Thane Cycle Rikshaw, Scooter Service ...
Court: Mumbai
Decided on: Jul-06-2007
Reported in: 2007(5)MhLj743
R.V. More, J.1. By this petition under Article 227 of the Constitution of India, the petitioners challenge the legality, validity and propriety of the order dated 21-3-1992 passed by the learned Joint Civil Judge, Junior Division, Thane below application Exhs.15 and 27 in Regular Civil Suit No. 732/91 under which the application filed by the respondent Nos. 2 and 3 for impleading them as party came to be allowed.2. The brief facts giving rise to the present writ petition are as follows:- The dispute is about C.T.S. No. 33, Tika No. 24, admeasuring 523.42 sq. metres or thereabout situated at Thane (hereinafter called as 'the suit property'). This property came to be purchased by the petitioners from original owner by name Smt. Pushpaben Pande and others. It is the case of the petitioners that the respondent No. 1 had been in unlawful possession of the said property without any legal status and is running the business under the name and style of 'Thane Cycle, Rikshaw, Scooters Servicing ...
Pushpa W/O Laxman Pathrabe Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-06-2007
Reported in: 2007(6)ALLMR256; 2008(3)BomCR818; 2008(1)MhLj404
A.H. Joshi, J.1. Petitioners in all these petitions are Corporators elected to the Municipal Corporation of Nagpur from the Constituencies reserved for Scheduled Tribe. They all claimed to belong to 'Halba' community which is included in Presidential Notification as 'Halba Scheduled Tribe'. While contesting the elections they had not obtained their caste validity certificates. They applied to the Caste Scrutiny Committee under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (hereinafter referred to as 'Caste Certificate Act') for scrutiny of their caste claims. The Committee, by its impugned orders dated 13th June, 2007, invalidated the claim of the petitioners in each of these petitions to belong to Halba Scheduled Tribe. As a consequence, respondent No. 3 Municipal Commissioner, Nagpur unseated them by hi...
Deorao S/O Ganpatrao Umredkar Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jul-06-2007
Reported in: 2007(5)ALLMR757; 2007(5)BomCR629; 2008(1)MhLj364
A.H. Joshi, J.1. Record and proceedings of respondent No. 4 - Scrutiny Committee was called and petitioner has inspected the same. Parties have nothing to add. Hence this petition along with other petitions are taken up for final hearing. Hence Rule. Rule is made returnable forthwith in all petitions and is heard by consent.Writ Petition No : 2576/20072. The petitioner, who is resident of Nagpur, contested the election to the Office of the Councillor of Municipal Corporation of Nagpur city from a constituency reserved for Scheduled Tribes and has been elected.3. The petitioner claimed that he belongs to 'Halba' included in the list of Scheduled Tribes, as modified by Notification No. SRO - 510 dated 6th September, 1950 published in Gazette of India, Extraordinary 1950, Part II. As per Section 9AA of the City of Nagpur Municipal Corporation Act, the petitioner was under an obligation to get his caste claim verified within three months from the date of election* else the seat was to fall...
Mrs. Mini Peter Philips and ors. Vs. Dina J.S. Fanibanda and ors.
Court: Mumbai
Decided on: Jul-05-2007
Reported in: 2007(5)ALLMR42; 2007(4)BomCR526
Roshan Dalvi, J.1. This Appeal challenges the judgment and order dated 20.1.1996 of the Bombay City Civil Court in Suit No. 3540 of 1979 filed by Respondent Nos. 1 and 2, under which Respondent Nos. 1 and 2 were declared entitled to acquire jointly with the Appellants' predecessor in title the reversionary right, title and interest of Defendant Nos. 3 and 4, the landlords of the building in which the suit premises being flat No. 7 on the 3rd floor of Sleater House No. 2, Sleater Road, Grant Road, Mumbai 400007 is situate on payment of their half share in the consideration for obtaining the reversionary right, title and interest therein. The landlords were directed to execute all necessary papers and documents for vesting such reversionary right, title and interest in respect of the suit flat in favour of Respondent Nos. 1 and 2 herein who were the Plaintiffs in the Suit. Respondent No. 1, who was the Plaintiff in the Suit, was declared entitled to get transferred the shares standing in...
Smt. Laxmibai Laxman Medhi, Smt. Shivdas Laxman Medhi and Shri Shivram ...
Court: Mumbai
Decided on: Jul-05-2007
Reported in: 2007(5)ALLMR724; 2007(5)BomCR613; 2008(1)CTLJ118(Bom); 2007(4)MhLj219
A.M. Khanwilkar, J.1. By this application, original petitioner seeks recall of the judgment and order dated 19th July, 2002 whereby the writ petition No. 530 of 1985 was disposed of on the basis of the consent terms tendered by the parties, duly signed by the parties as well as their advocates. The petitioners want the writ petition to be heard on merits. In substance, the reason for this request, as stated in the application, is that, as per the new development plan applicable to Karjat Municipal Council, the petitioners will not be able to comply with the consent terms. In that, the permission for construction from the Municipal council is not forthcoming. That is also on account of the objections raised on behalf of the respondents and other tenants. In other words, it has become impossible for the petitioners to comply with the obligation stated in the consent terms. Indeed, the petitioners have also stated in the application that acting upon the obligation under the consent terms,...
Mayur Mahila Shikshan Sanstha and anr. Vs. Shri M.B. Mali and ors.
Court: Mumbai
Decided on: Jul-05-2007
Reported in: 2007(5)BomCR645; (2007)109BOMLR1345; [2007(114)FLR1064]; 2007(5)MhLj894
Nishita Mhatre, J.1. The petitioners challenge the order of the School Tribunal by which respondent No. 1 has been granted reinstatement to his original post as Assistant Teacher together with backwages. The Tribunal has held that the termination order dated 30.6.1995 was void ab initio. 2. Respondent No. 2 was initially appointed in the school run by the first petitioner of which the second petitioner was the Headmistress from 13.6.1993. His appointment order dated 8.6.1993 specified that Respondent No. 1's appointment was for a temporary period from 14.6.1993 to 30.4.1994. Clause 7 of the appointment order indicates that Respondent No. 2 who was a candidate belonging to the general category was taken in service against the vacancy for a Scheduled Caste candidate since there was a backlog for that period. 3. On 12.6.1995, a fresh appointment order was issued to Respondent No. 2 (for short, hereinafter referred to as the 'teacher') indicating that this appointment from 13.6.1994 to 30....
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