Mumbai Court July 2010 Judgments
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M/S. Delta Logistics Vs. Commissioner of Customs (Export) Nhava Sheva
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-12-2010
Per : Ashok Jindal Stay was granted vide Order No. M/245/WZB/2009/SMB/C-IV dated 18.12.2009 with direction to the appellant to pre-deposit an amount of Rs.1,50,000/- and to report compliance on 19.02.2010. Instead the applicant preferred a Writ Petition before the Honble High Court of Bombay which they withdrawn now. The learned Advocate on behalf the appellant submitted that they filed an appeal before the Honble High Court against the order but they have not obtained any stay. As such, the appeal is dismissed for non-compliance of the statutory requirements of the provisions of Section 129E of the Customs Act, 1944....
Keshav Jagganath Bhavsar Vs. the Oriental Insurance Co Ltd.
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jul-12-2010
Per Shri S.R. Khanzode, Hon'ble Presiding JudicialMember This appeal takes an exception to the order dated 09/02/2010 passed in consumer complaint No.32/2010 Shri Keshav Jagganath Bhavsar V/s. The Oriental Insurance Co. Ltd. by District Consumer Dispute Redressal Forum, Nashik. A consumer complaint after hearing not satisfied with the unilateral settlement of the claim by the Insurance Company, was filed and it stood dismissed on the ground that the amount of settlement offered by the Insurance Company was accepted as full and final settlement and therefore, no further grievance could be made by filing the consumer complaint. We heard Ms.Rashmi Manne, Advocate for the appellant and Mr.Anand Kumar, Advocate for the respondent. On perusal of the impugned order and the document dated 20/01/2010 which offers the amount towards full and final settlement, it could be seen that said amount offered was accepted Hakka Thewoon i.e. reserving rights available to the consumer under the Law. Theref...
Commissioner of Central Excise, Pune-ii Vs. M/S. Pokale Metals Industr ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-09-2010
Per : Ashok Jindal, Member (Judicial) Revenue has filed this appeal against the order of Commissioner (Appeals) wherein he set aside the Order-in-Original confirming the duty demand against the respondent. 2. The brief facts of the case are that the respondent is the manufacturer of Aluminium Circles and Aluminum utensils, who was issued a show cause notice on 13.4.2007 alleging that the respondents manufactured aluminum circles of 23403 kgs. during the Financial Year 2002-06 (up to September, 2006) and manufactured aluminum utensils out of circles and cleared without payment of duty in terms of Notification No. 6/2002-CE dated 1.3.2002 and 10/2006-CE dt.1.3.2006, that since the final product viz aluminum utensils were cleared at nil rate of duty, the aluminum circles manufactured and captively consumed by the respondents were not eligible for exemption either under Notification No. 67/95-CE dt. 16.3.1995 or SSI exemption under Notification No.8/2002 and Notification No. 8/2003-CE, hen...
Commissioner of Central Excise and Another and Customs, Aurangabad. Vs ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-09-2010
Per : Ashok Jindal, Member (Judicial) The Commissioner (Appeals) in the impugned order has :- (a) Reduced the redemption fine on Flexible printed laminated films from Rs.1,00000/- to Rs.25,000/-. (b) Reduced the redemption fine on Truck No.MP-04 K-5259 from Rs. 1,00000/- to Rs.25,000/-. (c) Set aside the confiscation of Hologram machine. (d) Reduced the penalty under Rule 25 of the Central Excise Rules, 2002 on all from Rs. 1,00000/- to Rs.25,000/-. Aggrieved from the said order Revenue filed an appeal against the reduction of redemption fine, penalty and setting aside the confiscation of Hologram Machine. 2. On the other hand, the assessee (M/s. ALL) filed the appeal on confiscation of flexible printed laminated films and truck and penalty. 3. Brief facts of the case that acting upon the intelligence, the search operation was conducted on 18.8.2003 at 11.a.m. by the officers in the premises of M/s. ALL. The following goods were found detailed below:- Sr.No. Description of Goods Quant...
Commissioner of Customs(import), Mumbai Vs. Vehicle Factory
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-09-2010
Per : P.G. Chacko The respondent in this appeal of the Revenue is the Vehicle Factory, Jabalpur working under the Ministry of Defence. The appellant has not produced the requisite clearance from the ‘Committee on Disputes’ despite more than three opportunities having been given for the purpose. We, therefore, dismiss the appeal for want of COD clearance. 2. Stay application also stands disposed of....
Panchshil Nagari Sah Pat Sanshta Maryadit Head Office Opp Ganesh Mandi ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Jul-09-2010
Per Honble Mr.P.N. Kashalkar, Presiding Judicial Member This is an appeal filed by Panchashil Nagari Sahakari Patsanstha against the judgement and award passed by District Consumer Forum Sangli in consumer complaint No.795/2008 decided on 29/01/2010. While allowing the complaint, Forum below directed the appellant/Credit Society to return the amounts kept in fixed deposit receipts by all the complainants as per receipts numbers mentioned in the operative order with interest @ 7% p.a. from the respective dates when deposits were kept and also directed to pay Rs.3,000/- as cost of the complaint. Aggrieved by this order, O.P.No.1 has filed this appeal. While hearing the appeal for admission, we are finding that it is the contention of the appellant/Credit Society that these deposits receipts were returned to the respondents by Ganapati Zillah Krushi Audogik Sarva Seva Sahakari Society Ltd., Sangli in which the appellant/Credit Society had opened the account. In that account, amount of Rs....
Small Scale Entrepreneurs Association, and ors. Vs. State of Maharasht ...
Court: Mumbai
Decided on: Jul-08-2010
1. By this petition under Article 226 of the Constitution of India, the petitioners interalia challenge the action of Respondent No. 6, Municipal Corporation of the City of Navi Mumbai (for short NMMC) to levy and collect the property taxes, rates and cess; seek declaration that the Thane Trans Creek (for short TTC) area admeasuring 24.690 Sq.Kilometers within the jurisdiction of Respondent No.5Maharashtra Industrial Development Corporation (for short MIDC) does not fall within the municipal limits of NMMC as per the Notification bearing No.NBC 1091/140/CR14/91/UD20 dated December 17, 1991 and consequently, the NMMC has no power to levy and collect any taxes including the property taxes and cess from the petitioners. The petitioners have also sought appropriate writ directing 1st RespondentState of Maharashtra to constitute the TTC and Thane Belapur Industrial Area (for short TBIA) into Industrial Township by issuing Notification as per Section 341F of the Maharashtra Municipal Council...
M/S.Sargam Foods Pvt.Ltd. and anr. Vs. State of Maharashtra Through th ...
Court: Mumbai
Decided on: Jul-08-2010
1. By this petition under Article 226 of the Constitution of India, the petitioners challenge the order dated 29th November 2007 passed by the 3rd Respondent, Cess Officer, Municipal Corporation of the City of Navi Mumbai (for short NMMC) , as also the prohibitory order dated 5th November 2007 passed by the 3rd Respondent. The facts and circumstances giving rise to the filing of the present writ petition, briefly state, are as under:The 1st Petitioner is a Company and Small Scale Unit engaged in the business of manufacturing of compounded asafoetida ( Hing) from its factory situate at MIDC, Navi Mumbai. The 1st Petitioner is also a member of Small Scale Entrepreneurs Association (for short the Association) who challenged the competence of the NMMC for levy and collection of cess from the Industries in Maharashtra Industrial Development Corporation (for short MIDC) area in Thane Belapur Industrial Belt by filing Writ Petition No.2787/2001. On 22nd December, 2005 the 2nd Respondent issue...
Raghvendra S/O Shripatrao Joshi, Age 50 Years,and ors. Vs. the State o ...
Court: Mumbai Aurangabad
Decided on: Jul-08-2010
1 The petitioner filed present petition seeking directions to the Respondents No.1 to 4 and 6 to fix pay of the petitioner by taking into consideration her application dated 31 March 1989 regarding her option to continue her existing scale for the purpose of pension admissible to her.2 Under the relevant Government Resolution, for availing the benefit, an employee was required to give his option by 31 March 1989. According to the petitioner, said option is given on that day. However, this fact is disputed by RespondentZilla Parishad as well as State Government. According to them, the option is given in 1993 i.e. much after the cut off date.3 In that view of the matter, since petition involves disputed question of fact, which cannot be adjudicated in the extraordinary jurisdiction, we are not inclined to grant any relief to the petitioner. 4 In any case, pensionary benefits are only payable to the employee and legal heirs do not get any right to the pension. In that view of the matter a...
Shri Anwarkhan Ajijkhan Pathan Age: 45 Yrs. Vs. Mahaveer Nagari Sahaka ...
Court: Mumbai Nagpur
Decided on: Jul-08-2010
1) Heard learned Counsel for the respective parties.2) Rule. Rule made returnable forthwith with the consent of both the learned respective Counsel, taken up for final hearing. 3) By the present petition filed under Articles 226 and 227 of Constitution of India, the present petitioner (original accused) prayed for quashment of the order passed by learned Judicial Magistrate First Class, Chopada in Criminal Case No.1792/2005 on 4.2.2010 below Exhibit73 and also `No Cross' order passed below Exhibit22 on 19th August, 2009.4) It appears that the respondent herein Mahaveer Nagari Sahakari Patpedhi Ltd. Chopada, District Jalgaon is the original complainant, which has filed the Criminal Complaint (Exhibit A, page 9) on 21.12.2005 against the petitioner herein (original accused) under Section 138 of the Negotiable Instruments Act before the learned JMFC, Chopada, District Jalgaon in respect of alleged dishonour of cheque No.108452 for an amount of Rs.2,72,000, since the said cheque was return...
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