Mumbai Court September 2010 Judgments
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Somaiya Organo Chemicals Vs. Cce and Customs, Aurangabad
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-21-2010
Per : Ashok Jindal The appellant has filed this appeal against the denial of Cenvat credit availed on the service tax paid on the insurance policy in respect of the goods transported from the factory to port of export. 2. The learned Advocate for the appellant submits that, in case of export of goods, it has been held by this Tribunal in several cases that input service includes services rendered for outward transportation upto place of removal of goods and service tax paid to facilitate goods to reach place of removal has to be eligible for benefit of CENVAT credit and in this case the insurance service has also been taken for transportation of goods from the factory to the port of export, hence, the insurance policy taken by them is involved in the business activity upto the place of removal of goods. In that situation denial of input service credit is not sustainable. To support his contention he placed reliance on L.G. Electronics (India) Pvt. Ltd. vs. CCE Noida - 2010 (19) S.T.R....
Director, Postal Services, Nagpur Region, and ors. Vs. Sanjay S/O Govi ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.2. All these writ petitions, filed by the Director Postal Services, Nagpur and others, arose out of the common judgment dated 9.10.2009, passed by the Central Administrative Tribunal, Mumbai, Camp at Nagpur, by which the Original Applications filed by the respective respondents in these writ petitions were allowed in terms of paragraph No.8 of the Original Applications, meaning thereby that the Central Administrative Tribunal directed reinstatement with payment of T.R.C.A. from the date of termination till date of reinstatement and continuity of service.3. In support of the writ petitions, the learned Counsel for the petitioners made the following submissions. (1) Gramin Dak Sevak (Conduct and Employment) Rules, 2001 are statutory in character and the Tribunal erred in treating the same as mere departmental instructions. (2) Rule 4 (C) (3) of the said Rules empower the super...
Shri Nandkumar Rajaram Parve, Vs. the Director General of Police,
Court: Mumbai
Decided on: Sep-17-2010
1. He was a candidate sponsored by the Employment Exchange, but did not go through the Maharashtra Public Service Commission examination. Though his initial appointment was for three months, he continued upto 9th May, 1996. On 17th February, 1995 the Government of Maharashtra took a policy decision for regularization of temporarily appointed clerks in various Government establishments located in Mumbai city between the period from 10th January, 1990 to 31st December, 1992, in the post of Clerk/Clerk-cum-Typist/Typist. The M.P.S.C., on 27th March, 1995 conducted a special competitive examination for all these temporary appointees appointed between 10th January, 1990 to 31st December, 1992. The M.P.S.C. forwarded a list of 107 such appointees who were found to be successful for regularization in Government service as Clerk/Clerk-cum- Typist/Typist in different establishments located within the limits of Greater Mumbai and the petitioner was amongst these 107 persons recommended by the M....
Msm Satellite (Singapore) Pte Ltd. and ors. Vs. World Sport Group (Mau ...
Court: Mumbai
Decided on: Sep-17-2010
1.This appeal is directed against the judgment and order dated 9th August 2010 of the learned Single Judge dismissing Notice of Motion No.1809 of 2010 of the appellant-plaintiff in Suit No.1828 of 2010. By the said Notice of Motion, the appellant-MSM Satellite (Singapore) Pte Ltd. (hereinafter referred to as the "plaintiff" or "Sony") had applied for an injunction to restrain the defendant-World Sport Group (Mauritius) Limited (hereinafter referred to as the "defendant" or "Mauritius company") from referring the dispute between the parties to the suit to arbitration upon invoking an arbitration clause in the agreement between the parties dated 25th March 2009 and from continuing with the arbitration proceedings filed by the defendant in the International Chamber of Commerce (ICC).2.The suit came to be filed by the appellant-plaintiff on 30th June 2010 upon the defendant-Mauritius company issuing notice dated 28th June 2010 to the plaintiff-Sony for invoking arbitration under the arbitr...
Mr. Aatif Nasir MullA. Aged 28 Years, and ors. Vs. the Central Pota Re ...
Court: Mumbai
Decided on: Sep-17-2010
1.Both these Petitions can be disposed of by this common Judgment as the issues raised are overlapping.2. Petitioners in the respective Petitions are tried for offence punishable under the provisions of Prevention of Terrorism Act, 2002 (hereinafter referred to as POTA for the sake of brevity).3. In the former Petition it is prayed that the direction be issued to Central POTA Review Committee to forthwith review the case of the Petitioners therein in connection with POTA Special Case No. 2/2003 which was pending on the file of the Special POTA Court at Mumbai and to examine whether there is prima-facie case against them as mandated under the provisions of the POTA (REPEAL) Ordinance, 2004.4. In the second Petition, it is prayed that the order passed by the Special Court under POTA at Mumbai in Application Exhibit 59 in POTA Special Case No. 2/2003 dated 24th February, 2009 be quashed and set aside. By the said order the Petitioner's application for discontinuance of proceedings initiat...
Salim Abdul Razak Baig, Age 32 Years, Vs. State of MaharashtrA.
Court: Mumbai
Decided on: Sep-17-2010
1.Heard the learned counsel for the appellant and the learned Addl. Public Prosecutor for the State.2. This Criminal Appeal is directed against the judgement and order dated 18.10.2003 passed by the learned Addl. Sessions Judge, Greater Mumbai, in Sessions Case No.846 of 1999 whereby the appellant Salim Abdul Razak Baig was convicted for the offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer R.I. for life and was directed to pay fine of Rs.5,000/-, in default to suffer R.I. for one year. The appellant was also convicted for the offence punishable under section 3 read with section 25(1-B) of the Arms Act and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1,000/-, in default to suffer R.I. for three months. The appellant was also convicted for the offence punishable under section 5 read with 27 of the Arms Act and was sentenced to suffer R.I. for one year and to pay a fine of Rs.1,000/-, in default to suffer R.I. for three months....
Edlya @ Eda Pyarsingh Waskale Aged 25 Years, Vs. the State of Maharash ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. This appeal is directed against the judgment and order dated 7th February, 2009 passed by learned Adhoc Additional Sessions Judge Khamgaon in Sessions Trial No.4 of 2008 whereby the appellant was found guilty of offences of kidnapping and raping a minor girl Pinky aged about 13 years.2. It is the case of the prosecution that the victim Pinky on or about 9.10.2007 at 5.00 p.m. had gone to Ghat Bhingara for grinding jwar in a flour mill, which was closed and, as such, Pinky halted at the house of her cousin, by name, Radkya Bhilala on that night. On the following morning, she got the jwar grinded from flour mill and was returning with her niece Ku. Sangeeta, aged about 5 years, by road. The appellant/ accused Edlya met her on the road near Bhendi Pahad and asked her to accompany with him saying that he wants to marry her. Despite steadfast spurning of the offer by the prosecutrix, he forcibly took her to his brother's house who also sided with the accused. Later the accused took her t...
Smt. Zaibunnisa D/O Late Mohd. Din, Aged About 68 Years, and ors. Vs. ...
Court: Mumbai Nagpur
Decided on: Sep-17-2010
1. On 18/6/2010 this Court has issued notice for final disposal and accordingly Writ Petition under Articles 226 and 227 of the Constitution of India has been heard finally by issuing Rule and making it returnable forthwith. Challenge is to order passed on 19/11/2009 by the 6th Additional Sessions Judge, Nagpur in Misc. Civil Appeal Nos. 187/2009 and 279/2008. Principal Small Cause Court has vide orders on 14/8/2008 passed below Exh. 25 rejected Respondent's prayer to serve Petitioner no.1 sister on whom the service of suit summons was later on found to be not valid and Appeal No. 279/2008 was directed against it. Small Cause Court had by separate order passed below Ex. 1 on same date dismissed the Suit under Order IX Rule 5 C.P.C. against Petitioner no.1 i.e. Defendant no.1 and Appeal no. 187/2009 questioned it. By common order dated 19/11/2009 both these Appeals came to be allowed.2. Petitioners before this Court are sister and brother against whom the Respondent landlord has filed a...
NitIn @ Chotu Shankar Govardhan Aged About 26 Years, Vs. Mr. C.N. Adgo ...
Court: Mumbai Nagpur
Decided on: Sep-16-2010
1. This appeal is directed against the judgment and order dated 28.1.2008 passed by learned Adhoc Additional Sessions Judge, Chandrapur in Sessions Case No.68/2007 convicting and sentencing the appellant for offences punishable under sections 376, 366, 363, 506 of the Indian Penal Code ( in short, " IPC") as below :For offence under Rigorous Fine In default section (IPC) Imprisonment Imposed (Rs) R.I. 376 7 years 1500 3 months 366 5 years 1000 2 months 363 5 years 500 1 months 506 1 year 300 15 days All sentences were to run concurrently with benefit of set off under section 428 of the Criminal Procedure Code, 1973 and and out of fine, if realised, Rs. 1,500/ was directed to be paid to Pranali as compensation.2. Brief facts of the prosecution story are : On 31.3.2007 at about 1 o' clock, the prosecutrix Pranali, aged about 12 years had gone with her friends to Ramala Talao Garden. The appellant had threatened her and her friends and compelled the prosecutrix to go along with him by sco...
M/S. Shree Ram Mills Ltd, and ors. Vs. the Court Receiver, High Court,
Court: Mumbai
Decided on: Sep-16-2010
1. The plaintiff in T.E & R. Suit No.60/63 of 2002 is the Court Receiver appointed by the High Court as such in Suit No.234 of 1987 filed on the Original Side of the High Court. Besides other properties, the plaintiff was also Receiver for the suit property known as "Dev Ashish", situated on Plot No.1 bearing CTS No.755 at Padam Takri, Peddar Road, Mumbai. The defendant, who is a revision applicant before this Court, was a tenant in the suit property. As the defendant is a public limited company with paid-up share capital of Rs.1 crore, it did not have any protection under the Maharashtra Rent Control Act, 1999. In view of this, the plaintiff issued a notice dated 26.7.2001 terminating the tenancy of the defendant with immediate effect and called upon the defendant to vacate the premises and hand over the same and also asked him to pay the mesne profits. As the defendant failed to vacate the premises, the Court Receiver filed the suit for eviction and possession. The suit was decreed a...
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