Mumbai Court June 2010 Judgments
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Maharashtra State Electricity Distribution Co. Ltd. Constituted Under ...
Court: Mumbai
Decided on: Jun-22-2010
Anoop V. Mohta, J.1. The petitioner is a statutory body constituted under the Indian Electricity Supply Act, 1948 and called as 'The Maharashtra State Electricity Distribution Company Limited'. The respondents 1 to 3 were original complainants and as common facts and law was involved, all these complaints were disposed of by the common order. The challenge is made to the Order dated 29.04.1997 passed by the Member, Industrial Court, Maharashtra, Solapur. The operative part of the same is as under:I) The Complaint is allowed.II) It is hereby declared that the respondent has committed unfair labour practice prescribed under Items 6, 9 and 10 of Schedule IV of the MRTU & PULP Act, and the respondent is directed to cease and desist from practicing the same.III) The respondent is directed to confer a status and privileges of permanent employee in the post of `Watchman' on the complainants in - Complaint No. 210/1989, 211/1989 and 212/1989 from the date of completion of 240 days work in the ...
Balya @ Baliram Shivram More Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-22-2010
S.B. Deshmukh, J.1. The judgment and order of conviction of the appellant (accused) under Section 302 of the Indian Penal Code ('IPC') by the learned Additional Sessions Judge, Shahada, District Nandurbar, dated 24.2.2009 in Sessions Case No. 33 of 2007, thereby sentencing the accused to suffer rigorous imprisonment for life and to pay fine of Rs. 500/- in default to suffer rigorous imprisonment for one month, is challenged in this appeal.2. The factual matrix of the prosecution case are ;(A) Accused and victim Chaitram were brothers residing together at village Kusumwada. Complainant Bhimsing is their uncle.(B) On 26.5.2007, complainant lodged a complaint at Mhasavad Police Station alleging that the accused did not work, consume liquor and wanders in the village. That he used to demand money from the victim for consuming liquor and used to beat victim if money was not given. It is further alleged that on the day of incident at about 4.00 PM accused demanded money for consuming liquor ...
Mr. NervIn Lourdes Miranda, Son of Mr. Anthony Joseph Miranda and His ...
Court: Mumbai
Decided on: Jun-22-2010
A.S. Oka, J.1. The appellants, who are the claimants in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, hereinafter, referred to as 'the said Act'), have preferred this first appeal for challenging the Judgment and Award dated 23rd January, 2007 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal for the Taluka of Salcete at Margao. By the impugned Judgment and Award, the claim petition was dismissed by the learned Presiding Officer.2. The compensation has been claimed by the appellants on account of death of their daughter Miss Veena in a motor accident on 1st August, 2002. The case made out by the appellants is that their daughter was a qualified Civil Engineer holding a Degree in Civil Engineering and she was employed on a monthly salary of Rs. 6 ,000/-.3. The case made out by the appellants is that the deceased Veena was proceeding from Margao to Majorda by her scooter. At that time a mini bus, owned and driven by the f...
Naresh Dua Vs. State of Maharashtra Through the Secretary (Home), Home ...
Court: Mumbai
Decided on: Jun-22-2010
B.H. Marlapalle, J.1. This petition under Article 226 of the Constitution of India praying for a writ of habeas corpus and quashing and setting aside the order of detention dated 21/2/2008 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ('the Cofeposa Act' for short) passed against Shri Rajesh Dua (the detenu) has been filed by his brother Shri Naresh Dua, both residents of AD-29, Tagore Garden, New Delhi 110027. The said detention order came to be served on the detenu by Rajori Garden Police Station after he was taken in custody by the officers of the Directorate of Revenue Intelligence. He was detained at the said police station from 21/5/2010 till 26/5/2010.2. The detenu along with the officials boarded the train from Delhi and reached the Nashik Road Central Prison at Nashik on 27/5/2010 in the evening.3. After the detention order was passed on 21/2/2008 and before it was executed / served on the detenu, Criminal Writ Peti...
The Director, Institute of Petroleum Safety Health and Environment Man ...
Court: Mumbai
Decided on: Jun-22-2010
A.S. Oka, J.1. By this first appeal, the appellant has taken an exception to the Judgment and Award dated 1 7th March, 2003 passed by the learned District Judge, South Goa, at Margao in Land Acquisition Case No. 159/1996.2. The acquisition relates to a land surveyed under Survey No. 74/1 admeasuring 92,000 sq. metres situated at Village Quitol, Taluka Quepem, South Goa. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act') was issued on 13th December, 1989, which was published in the Official Gazette dated 4th January, 1990. The said land was notified for the public purpose of setting up an Institute for Petroleum Safety and Management Environment for ONGC at Betul. An award under Section 11 of the said Act was made on 17th June, 1992. The first to third respondents, who are claimants, claimed compensation at the rate of Rs. 80/- per sq. metre. The Land Acquisition Officer by Award dated 17th June, 1992 offered compensation at the ra...
Javed Abdul Aziz Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jun-22-2010
V.M. Kanade, J.1. Heard the learned Counsel for the appellant and the learned APP for the State.2. The appellant is convicted for the offence punishable under Section 489B read with 120-B of the IPC and is sentenced to suffer RI for 10 years and to pay fine of Rs. 2000/- and in default, to suffer RI for six months. He is also convicted for the offence punishable under Section 489-C read with 120-B of the IPC and sentenced to suffer RI for 7 years and to pay fine of Rs. 1000/- and in default, to suffer RI for three months. The trial court has directed that the substantive sentence should run concurrently.3. The prosecution examined six witnesses in support of its case and the trial court on the basis of evidence adduced by the prosecution convicted the appellant for the said offence.4. Shri Solkar, learned Counsel for the appellant submitted that the prosecution has not established the charge for the offence punishable under Sections 489-B and 489-C against the appellant herein. He subm...
Commissioner of Service Tax, Mumbai Vs. M/S. Montage Securities Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-22-2010
Per : Ashok Jindal, Member (Judicial) By the impugned order the Commissioner (Appeals) waived the penalties under Section 76,77,78 of the Finance Act,1944 which has been challenged by the Revenue in this case. 2. While passing the impugned order the Commissioner (Appeals) has observed as under:- On going through the appellants submissions it is observed that the appellants had not paid the Service Tax, deliberately with an intention to evade Service Tax. Appellants suffered their business on account of fake delivery problems which started in July, 1996. Until June 1996 appellants complied with the statutory provisions. Due to said problem appellants suffered major set back not only financially but also administratively, hence they suspended their business and concerned manager and staff members left the company. At the same time the company suffered tremendous financial loss. At the end NSE authorities also declared them as defaulters. Hence, they had to pursue the matter with the pol...
Commissioner of Central Excise, Belapur Vs. M/S. Eii Ess Engineering P ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-22-2010
Per : Ashok Jindal The Revenue has filed this appeal against the impugned order on the ground that the Commissioner (Appeals) has no power to remand the matter to the original adjudicating authority. 2. Operative part of the order of the Commissioner (Appeals) reads as under:- Now coming to the inputs declared as obsolete in the Balance Sheets for the year 2003-04 and 2004-05, CBEC vide Circular No. 645/36/2003-CX dated 16.7.2002 has given directions on admissibility of credit taken on written off inputs, including partial write off. As there is nothing forthcoming on records as whether the inputs are fully written off or partially written off and still capable of any available for use in the manufacture of goods as envisaged in the Board’s Circular mentioned above, the case is remanded for re-consideration of the admissibility of CENVAT credit on inputs which are declared as obsolete including goods mentioned Sr. Nos. 1 and 2 of the rejected goods. In view of the above, the app...
M/S. Hmtd Engineering Pvt. Ltd. Vs. Commissioner of Central Excise, Be ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-22-2010
Per : Ashok Jindal, Member (Judicial) The appellant has filed this appeal against the impugned order wherein the interest and penalty has been confirmed against the appellant. 2. The facts of the case are that the appellants had supplied excisable goods on payment of duty to Railways and during warranty period the defective goods were received back for repairs in which the appellants had used the inputs on which cenvat credit was taken. It was alleged that, the appellants had not reversed the cenvat credit of Rs. 72,360/- on the inputs used in repairs of defective goods during the warranty period. In their defence, the appellants submitted that, they were bounded to do so by the terms of the contract with Railways. As per the terms of contract, they had to replace the components free of cost during warranty period. They pleaded that, the Original Price charged to Railways had already included the cost of repairs with material during warranty period and on which duty had already been pa...
Dr. Baburao Bapuji Tanpure Ssk Ltd. Vs. Commissioner of Central Excise ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-22-2010
Per: P.G. Chacko: The appellant is engaged in the manufacture of sugar. During the period December 1974 - September 1975, their total production was 6,17,280 quintals. Their average production of sugar for the corresponding periods of the previous years was 3,95,615 quintals. In terms of Notification No. 146/74-CE dated 12/10/1974, the appellant could claim rebate of the duty paid by them on excess production at the rates mentioned against serial No.2 of the table annexed to the notification. Accordingly, on excess production up to 7.5%, the appellant could claim rebate of Rs. 20/- per quintal in respect of free-sale sugar and Rs. 5/- per quintal in respect of levy-sale sugar. On excess production on the next 10%, they could claim rebate of Rs. 40/- per quintal and Rs. 10/- per quintal in respect of free-sale sugar and levy-sale sugar respectively. On excess production on the next 10%, they could claim rebate at higher rates in respect of the two categories of sugar. This progression w...
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