Mumbai Court August 2007 Judgments
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Ashok Kumar S/O Bulchand Kaurani and ors. Vs. Shankar S/O Vishnu Raver ...
Court: Mumbai
Decided on: Aug-02-2007
Reported in: 2007(6)ALLMR909; 2008(1)BomCR700; 2008(1)MhLj142
S.B. Deshmukh, J.1. This petition takes exception to the judgment and order passed by the learned District Judge, Jalgaon below Exhibit-24 in Regular Civil Appeal No. 100 of 2000.2. The petitioners were defendant Nos. 8 to 16 in Regular Civil Suit No. 89 of 2000 and respondent Nos. 1 to 7 were defendant Nos. 1 to 7. The respondent No. 1, in this petition, was original plaintiff in Regular Civil Suit No. 89 of 2000. Parties hereinafter are referred to their status as plaintiff and defendants respectively.3. The plaintiff has described the suit property in Regular Civil Suit No. 89 of 2000 as house property City Survey No. 2268 having two storeyed building. Boundaries have been given in para No. 1 of the plaint. It is also pleaded that City Survey No. 2268/A is also the subject-matter of the suit. On these two City Survey 2268 and 2268/A two storeyed building is in existence. This suit property is transferred by the defendant Nos. 1 to 7 in favour of defendant Nos. 8 to 16 by registered ...
R.K. Patel and Co. and anr. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Aug-02-2007
Reported in: 2007(6)ALLMR914; 2008(2)BomCR322; (2008)IILLJ211Bom; 2008(1)MhLj942
R.M. Borde, J.1. Petitioner No. 1 is a partnership firm registered in the name and style as 'M/s R. K. Tobacco Processors, Amalner', whereas petitioner No. 2 is partner of petitioner No. 1-firm. The partnership firm deals in the business of manufacturing 'jarda', having its industry situate in Section No. 583 at Amalner. Petitioner-firm employees about 175 employees. There are two other firms run by the same group namely 'R.K. Patel Manufacturers' and 'R.K. Patel Tobacco Trading Company'. Both the above firms deal in the business of manufacturing 'jarda' having their units situate in Section No. 759/3 at Amalner.2. Petitioners herein challenge the notification issued by the State Government dated 21-1-1987 and letter issued in pursuant to the said notification on 20-3-1989 by the Assistant Regional Director, E.S.I. Corporation. It is contended by petitioners that respondent No. 1 applied provisions of Employees' State Insurance Act, 1948 (for short, 'the Act') to the establishment of p...
Harsh International and ors. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-01-2007
Reported in: (2007)(122)ECC193
1. All the above appeals arise out of separate Orders-in-Appeal passed by the Commissioner of Customs(Appeals), Mumbai involving common issues and are hence heard together and disposed of by this common order.2. The issue relates to levy of anti dumping duty on imports of vitrified/porcelain tiles from China/UAE under the provisions of Notification No. 73/03 Cus dated 1.5.03.3. By Notification No. 50/02-Cus dated 2.5.02, anti dumping duty was imposed in respect of vitrified/porcelain tiles exported /originating from China/UAE, and the levy was effected upto and inclusive of the 1^st day of November, 2002. M/s. Harsh International and Abhinav Ceramic imported one consignment of tiles prior to 1.11.02 while all the other appellants imported tiles subsequent to 1.11.02 and no imports subsequent to 1.5.03 took place by any of the appellants.Notification No. 50/02-Cus was issued by the Central Government pursuant to the provisional findings dated 3.12.2001 of the Designated Authority in th...
The General Manager, Pune Zilla Madhyawarti Sah. Bank Ltd. Vs. G.T. Bh ...
Court: Mumbai
Decided on: Aug-01-2007
Reported in: 2007(5)BomCR510; [2007(115)FLR758]
Nishita Mhatre, J.1. The petition challenges the order of the Labour Court dated 11.11.1994 passed on an application filed by the respondent-workman Under Section 78(1)A(a)(i) and D) of the Bombay Industrial Relations Act. The petition also challenges the order dated 27.6.1995 of the Industrial Court in appeal. Both the Courts below have held that the respondent workman has committed a misconduct. The appellate Court has observed that the respondent workman together with some other workmen employed with the petitioner had defrauded the bank of Rs. 2,500/-. Although the misconduct was proved, both the Courts below have held that the punishment of dismissal was shockingly disproportionate. The propriety of the punishment imposed has been considered by the Courts below and the petitioner bank is directed to reinstate the workman with continuity of service and 75% backwages, calculated at the rate of the last drawn wages.2. The workman was employed with the bank as a clerk. His last drawn ...
Women's Education Society through Its Secretary Shri S.K. Gharpure and ...
Court: Mumbai
Decided on: Aug-01-2007
Reported in: 2007(5)BomCR27; (2007)109BOMLR1562; 2007(5)MhLj726
B.P. Dharmadhikari, J.1. This Petition under Article 226 of the Constitution of India, is filed by the Public Trust duly registered as such under the provisions of Bombay Public Trust Act as Petitioner No. 1 and Petitioner No. 2 - a duly recognised College run by it. The College is affiliated to Nagpur University i.e. Respondent No. 1 and challenge in the Writ Petition is to communication dated 23.04.2003, by which the Assistant Registrar of the Respondent No. 1 Nagpur University has communicated to the Petitioner No. 2 that its advertisement providing for reservation of all posts for lady candidates is not valid and therefore, the College can at the most stipulate that preference would be given to lady candidates. The Assistant Registrar has communicated that the College therefore should issue fresh advertisement or appropriate corrigendum. The communication states that it is issued as directed by the Vice Chancellor of Nagpur University. It is not in dispute that affairs of Petitione...
Lipi International Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Aug-01-2007
Reported in: (2007)213CTR(Bom)1; [2008]301ITR262(Bom)
F.I. Rebello, J.1. A reference has been made to this Court at the instance of the applicant M/s Lipi International. The questions of law which have been referred are as under:(1) Whether, on the facts and in the circumstances of the case and on a proper construction of the agreement of sale dt. 22nd Dec, 1977 the Tribunal was right in law in holding that the lump sum of Rs. 5 lakhs was a revenue receipt?(2) Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that since in the hands of the payer the payment was held as not resulting into acquisition of any capital asset or advantage of any enduring nature, the receipt in the hands of the payee has necessarily to be treated as revenue receipt?2. A few facts may now be set up. The applicant assessee is a registered firm and in terms of deed of partnership was carrying on the following business:(a) Designing, manufacturing and selling high pressure of burner and heating system for boilers and ...
Smt. Dhanvidya A. Dalal Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Aug-01-2007
Reported in: (2007)213CTR(Bom)284
J.P. Devadhar, J.1. At the instance of the applicant-assessee, the Tribunal has referred the following questions of law for the opinion of this Court under Section 256(1) of the IT Act, 1961 (for short 'the said Act').(1) Whether on the facts and in the circumstances of the case, was the Tribunal justified in law in holding that on the basis of the interpretation of the will, the applicant had not established that the jewellery was not acquired by inheritance?(2) Whether on the facts and in the circumstances of the case, was the Tribunal justified in law in holding that under Section 69A of the IT Act, the tax is leviable on the value of jewelleries and ornaments for the asst. yr. 1984-85 although the said jewelleries and ornaments were assessed to tax under the WT Act, 1957 for the asst. yrs. 1980-81 to 1983-84?2. The assessment year involved herein is asst. yr. 1984-85.3. On 5th July, 1983 there was a search action under Section 132 of the Act at the residential premises of the asses...
Bhartiya Janata Kamgar Mahasangh Maharashtra Vs. Under Secretary and a ...
Court: Mumbai
Decided on: Aug-01-2007
Reported in: 2007(6)BomCR591; [2007(115)FLR796]; (2008)ILLJ298Bom; 2007(5)MhLj632
Lavande A.P., J.1. Heard Mr. Thakur, learned Counsel for the petitioner, Mrs. Joshi, learned Counsel for respondent No. 1 and Mr. S.V. Golwalkar, learned Counsel for respondent No. 2.2. Rule. By consent heard forthwith.3. By this petition, the petitioner challenges the communication dated 16.2.2005 of respondent No. 1 by which the petitioner has been informed the decision of the Central Government taken under Section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as' the Act') not to make reference.4. The petitioner- a trade union registered under the Trade Unions Act, 1926 claimed that seven workmen viz. 1) Sanjay Sheshrao Bobde, 2) Gajanan Narayan Ghatate, 3) Haribhau Bhimrao Kohle, 4) Sanjay Shriram Bhagat, 5) Shriram Somaji Bhagat, 6) Subhash Ajabrao Nawghare and 7) Vinod Manikrao Kadam were terminated by respondent No. 2 with effect from 23.12.2003 and raised dispute. The conciliation proceedings were held by Assistant Labour Commissioner (C-II) Nagpur. In the...
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