Mumbai Court January 2011 Judgments
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M/S. Bhushan Steel Limited and ors. Vs. Mrs. Varsha A. Maheshw and ors ...
Court: Mumbai Nagpur
Decided on: Jan-05-2011
JUDGEMENT.1. Challenge in both these Writ Petitions filed by rival parties against eachother is to orders dated 30.09.2010 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Civil Suit No.70/2009. The said suit is filed by the petitioner in Writ Petition No. 5364/2010 as Summary Suit for recovery of amount of Rs. 38,89,674.14 along with interest @ 18% jointly and severally against the defendants therein. The dues claimed are on account of Magnetite Powder supplied by the plaintiff to defendant no.1 Company on the strength of purchase orders placed by the defendant no.1 Company with the plaintiff. The defendant no.2 is the General Manager in purchase department of defendant no.1 Company. By the impugned order passed below Exh.16 the trial Court has granted leave to defend under Sub-rule [5] of Rule 3 of Order 37 of Code of Civil Procedure Code, subject to defendants depositing a sum of Rs. 34, 24,895/- in Court or then furnishing a bank guarantee for that sum within a perio...
M/S. Mohanlal Kisanlal Agrawal and ors. Vs.
Court: Mumbai Nagpur
Decided on: Jan-05-2011
JUDGEMENT.1.By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners/defendants have questioned the concurrent judgments delivered by the Trial Court as also the Appellate Court granting a decree of their eviction to respondent no.1 - Public Trust. Respondent no.2 is the Appellate Forum namely District Court, Nagpur while the respondent no.3 is the Trial Court i.e. Small Causes Court at Nagpur. The judgment of Trial Court is dated 07.12.2009 and it is delivered by the 2nd Additional Small Causes Curt, Nagpur in Regular Civil Suit No. 238/2005. Judgment of Appellate Court is dated 23.07.2010 and it is delivered by District Judge-9, Nagpur in Regular Civil Appeal No. 11/2010. Respondent no.l - Public Trust sought eviction of defendants from a shop block ad-measuring 700 sq. ft. on account of their need to construct a temple and a community hall on the plot of trust. The trial Court as also Appellate Court have found suit maintainable, not bad for no...
The Workmen of Taroda Opencast Mine of Western Coalfields Limited Vs. ...
Court: Mumbai Nagpur
Decided on: Jan-05-2011
:1. By this petition filed under Article 226 of Constitution of India, the petitioner - Trade Union has challenged the Award dated 02.05.1997 delivered by the Central Government Industrial Tribunal No. 2, Mumbai, in Reference No. CGIT-2/68 of 92 answering the reference made at their instance in negative. The reference as made on 10.12.1992 reads as under: "Whether Shri K.PS. Nair and other 12 workers (list enclosed) working in the Canteen through the contractor are entitled for absorption by the Sub Area Manager, Taroda Opencast, W.C. Ltd., District -Yeotmal, after working from March 1989 If not, to what relief they are entitled to ?"2. The reference was sought by the petitioner about workers in Canteen at Taroda Opencast Coalmine. The mine is one of the mines owned and managed by National Coal Limited i.e. Coal India Limited. The operations there started in the year 1987 and with a view to make canteen facility available to employees working therein, a contractor came to be appointed ...
Sambhaji Raje Sadashiv Dahatonde and anr. Vs. the State of Maharashtra ...
Court: Mumbai Aurangabad
Decided on: Jan-05-2011
:1. Heard learned Counsel for the parties.2. Rule. Rule is made returnable forthwith and by consent of parties, taken up for hearing.3. The petitioners herein challenge the advertisement dated 15th September, 2010 published in Daily Kesari by the respondent No.5 trust for recruitment of certain employees. The petitioners also pray for directions restraining respondents No.6 to 15 from taking any policy decision, including recruitment over the Respondent No.5 trust. They also seek directions to respondent No.4 to conclude the Inquiry No. 28/2010 expeditiously, as also directions to respondents No.3 and 4 to take over the management of the trust till next body of trustees is selected. Besides the aforesaid main prayers, the petitioners have made other prayers also.4. It is the case of the petitioners that the respondent No.5 trust is registered in the year, 1963 and the scheme of the trust has been prepared and the same has been approved in the year, 1990. As per the scheme of the trust,...
Mrs. Varsha A. Maheshwari Vs. M/S. Bhushan Steel Limited and anr.
Court: Mumbai Nagpur
Decided on: Jan-05-2011
JUDGEMENT.1. Challenge in both these Writ Petitions filed by rival parties against eachother is to orders dated 30.09.2010 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Civil Suit No.70/2009. The said suit is filed by the petitioner in Writ Petition No. 5364/2010 as Summary Suit for recovery of amount of Rs. 38,89,674.14 along with interest @ 18% jointly and severally against the defendants therein. The dues claimed are on account of Magnetite Powder supplied by the plaintiff to defendant no.1 Company on the strength of purchase orders placed by the defendant no.1 Company with the plaintiff. The defendant no.2 is the General Manager in purchase department of defendant no.1 Company. By the impugned order passed below Exh.16 the trial Court has granted leave to defend under Sub-rule [5] of Rule 3 of Order 37 of Code of Civil Procedure Code, subject to defendants depositing a sum of Rs. 34, 24,895/- in Court or then furnishing a bank guarantee for that sum within a perio...
M/S. Santogen Exports Ltd. Vs. Commissioner of Central Excise, Raigad
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-03-2011
Per : P.G.Chacko This application filed by the applicant seeks waiver of pre-deposit of an amount of Rs. 82,67,354/- demanded from them under Sec.11A of the Central Excise Act. After examining the records and hearing both sides, we have found a fit case for remand to the lower appellate authority. During the period of dispute, the appellant had cleared their final product ( Terry Towel) by availing full exemption under Notification No.30/2004-CE . The condition attached to the said Notification was that any CENVAT credit should not be availed on inputs/capital goods. The appellant’s inputs were yarn, dyes, packing materials and furnace oil. After verification of their records, the department issued 3 show-cause notices dated 22.6.06, 4.12.2006 and 31.7.2005 for recovery of duty for the periods October 2004 to October, 2005, November 2005 to June, 2006 and July, 2006 to December, 2006 respectively. The first show-cause notice invoked the extended period of limitation on the ground...
Megha Polymers Pvt.Ltd. Vs. Commissioner of Customs (import), Mumbai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-03-2011
Per : P.G.Chacko This application seeks waiver of pre-deposit and stay of recovery. After examining the records and hearing both sides, we have found this case to be fit for summary disposal. Accordingly, after dispensing with pre-deposit, we take up the appeal. 2. This appeal is directed against the ld. Commissioner’s order confiscating the goods in question under Sec.111(d) of the Customs Act (with option for redeeming the same on payment of a fine of Rs. 30 lakhs), and imposing a penalty of Rs. 20 lakhs under Sec. 112(a) of the Act. The order of confiscation pertains to Hot Rolled Steel Sheets imported by the appellant in April 2009. Hot rolled steel sheets classifiable under Customs Tariff Heading 7208 were freely importable as per ‘ITC (HS) Classificationsof Export and Import items’ for the relevant period. Therefore, the appellant did not produce any import licence. The department took the stand that the above item was restricted and hence not freely importable ...
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