Mumbai Court April 2012 Judgments
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Commissioner of Ce and St (Ltu) LupIn Ltd. Vs. LupIn Ltd. Commissioner ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-20-2012
P.R. Chandrasekharan There are four appeals along with stay applications and condonation of delay applications filed by M/s. Lupin Ltd., against order-in-appeal No SB/20-25/LTU/MUM/2009 dated 30.11.2009 passed by the Commissioner (Appeals) of Central Excise and Service Tax, LTU, Mumbai. Against the said order they have filed a composite appeal within the time and, therefore, they were directed to file separate appeals on account of which there was a delay of 59 days in filing the appeals. Considering the reason for delay is satisfactory, I allow the applications for condonation of delay in filing the appeals. 2. Against the very same order-in-appeal the department has also filed four appeals along with the applications for condonation of delay in three cases and the delay is 357 days. The reason for the delay is that the department has filed composite appeal against the impugned order within time. The Registry directed them to file separate appeals and hence the delay in filing these a...
R.S.R. Mohota Spg. and Wvg. Mill Ltd. Vs. Cce, Nagpur
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-20-2012
P.R. Chandrasekharan The appeal is directed against Order-in-Appeal No. SR/254/NGP/2009 dated 06.11.2009 passed by the Commissioner of Central Excise (Appeals), Nagpur. 2. The appellant R.S.R.Mohota Spg. and Wvg. Mills Ltd. are manufacturer of textile products. In respect of the final product they availed CENVAT credit and also paid service tax on outward freight. For outward transportation of final product they utilized the CENVAT credit lying in their CENVAT account. The department issued a show-cause notice saying that they are provider of the taxable service therefore they cannot avail CENVAT credit for payment of service tax. This is for the reason that explanation to 2(p) of the CENVAT Credit Rules which are read as below:- “For the removal of doubts it was clarified that if a person liable for paying service tax does not provide any taxable service or does not manufacture final products, the service for which he is liable to pay service tax shall be deemed to be the output...
Mahinder Kumar Vijan Vs. Chandraprakash Vijan.
Court: Mumbai
Decided on: Apr-19-2012
1. The Petitioners being partner of a firm governed by partnership deed dated 20 November 1995, as dispute arose, referred the matter to the Arbitral Tribunal. The same is pending for cross-examination. However, filed Section 9 Petition under the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act") for the following relief:-"(a) Permit the Petitioners to withdraw a proportionate share of 65% of the amount of Royalty deposited by the Respondent as Agent with the Court Receiver, High Court, Bombay namely Rs.44,742.75/- being the proportionate share in the monthly royalty amount of Rs.5,36,913/- (Rupees Five Lacs Thirty Six Thousand Nine Hundred Thirteen Only) being the proportionate share in the annual royalty amount;"2. This Court on 6 October 2010, in earlier Petition No. 1229 of 2010 appointed the Receiver of the partnership firm Hind Automobiles (Dongri) and of the assets and properties more described in the schedule, with further direction to take formal possess...
Niranjan Dharma Jadhav Vs. State of MaharashtrA.
Court: Mumbai
Decided on: Apr-19-2012
1. The appellant has filed this appeal so as to challenge the judgment and order dated 15th January, 2007 passed by the learned Ad-hoc District Judge-2 and Additional Sessions Judge, Raigad, Alibag (For short "the learned trial Judge) in Sessions Case No.56 of 2006. By the aforesaid judgment dated 15th January, 2007, the appellant is convicted under Section 376 of the Indian Penal Code (for short, 'IPC') and sentenced to suffer R.I. for 10 years with fine of Rs.2,000/-. It is ordered that in default of payment of fine, the appellant has to undergo R.I. for 1 month. It is also ordered that the appellant shall pay compensation of Rs.5,000/- to the victim girl by name Pratiksha.2. The prosecution case in gist is as under :-On 27th December, 2005 Pratiksha the victim girl (hereinafter referred to as the "said girl") had gone to the house of the appellant. The appellant is alleged to have committed rape on the said girl. After the incident, the said girl narrated the incident to her brother...
Uma Shankarrao Rachewad Vs. Appropriate Authority.
Court: Mumbai
Decided on: Apr-19-2012
1. This writ petition is filed seeking quashment of Criminal Case bearing R.C.C. No. 421 of 2011, pending in the Court of Chief Judicial Magistrate, Nanded, for offences punishable under sections 4(3),5,23,29 & 30 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection Act), 1994 (for short "the Act"). The petitioner is the accused. It is common ground that the petitioner is a Gynecologist, practicing at Nanded, since 1985 and she has a maternity hospital and ultra-sound clinic at Nanded. It is also common ground that she and her relative one Dr. Veena are registered under the provisions of the said Act. It is also common ground that till 31.03.2011, the Authorities under the Act inspected ultra-sound clinic from time to time and found the same to be in order. On 31.03.2011, the "Appropriate Authority" appointed under the Act, visited the petitioner's clinic and found following irregularities :-(i) On number of "F" forms, word "N.A." was used.(...
Murli Industries Ltd. and Others Vs. Commissioner of Customs and Centr ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-19-2012
S.S. Kang 1. Heard both sides. 2. Applicants filed applications for waiver of pre-deposit of duty of Rs 18,04,228/-, interest and penalties. 3. Applicants have imported waste paper which is required for manufacture of newsprint and availed benefit of Notification No. 21/2002-Cus at serial No. 152(B). Applicants manufactured newsprint out of imported waste paper and the off cut side edges of the newsprint so manufactured were sold to the customers who are not engaged in the manufacture of newsprint. 4. We find that the Tribunal in applicant’s own case vide stay order dated 1.12.2011 in appeal No C/618 to 620/10 waived pre-deposit of dues which were confirmed on the same ground. In view of the above stay order, pre-deposit of the dues is waived and recovery thereof stayed during the pendency of the appeals. 5. Further we find that the Commissioner (Appeals) has dismissed the appeals without going into the merits for non compliance to the provisions of Section 129-E of the Customs A...
Delux Builders Through Surekha Pradeep Shah and Another Vs. SachIn Shi ...
Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on: Apr-19-2012
Dhanraj Khamatkar, Member 1. This appeal filed by Appellant/original Opponent, namely Deluxe Builders takes an exception to an order dated 30/3/2011 passed by the District Consumer Disputes Redressal Forum, Pune (hereinafter referred to as the District Forum for the sake of brevity) in Consumer Complaint No.582 of 2009, Sachin Shivgopal Halwai Vs. Deluxe Builders. 2. Facts leading to this appeal can be summarized as under:- Respondent/original Complainant had entered into an agreement with the Appellant/original Opponent for purchase of a flat bearing No.103, admeasuring 490 sq. ft. in area situated on the first floor of the building to be known as Shri Mayureshwar Apartments and the agreement to sale was duly registered with the office of Sub-Registrar on 12/9/2008. The total consideration for the said flat was fixed at Rs.11,00,000/- besides an amount of Rs.57,001/- towards other expenses. Respondent/original Complainant paid to the Appellant/original Opponent an amount of Rs.3,50...
Vasudeo Son of. Chatumal Jhamnani Vs. the State of MaharashtrA.
Court: Mumbai
Decided on: Apr-18-2012
1. By this application under Section 482 of the Code of Criminal Procedure, the applicant has prayed for to quash and set aside the First Information Report lodged by respondent no.2 bearing Crime No.42 of 2011 dt.1.4.2011 at Police Station, Hingna, under Sections 406, 420, 467, 471, 447 r/w. Section 34 of the Indian Penal Code. It appears that the first informant Ranubai Vijay Meshram made a complaint against Shri Wasudeo Chhatumal Jhamnani and Ghanshyam Marotrao Choudhary informing the police that father of the first informant by name Shri Sham Jairam Dupare owned ancestral land bearing Khasra No.72 with area 5.29 Hectare (13 acres) situated at mouza Thana Dongara. According to the first informant, Sugandhabai Dupare along with the first informant had instituted Civil Suit No.925 of 1998 on 28.2.1998 for partition and possession of the said land. The suit was instituted in the Court of Civil Judge (Sr.Dn.), Nagpur. The said Court passed an order dt.21.11.2006 declaring shares. ...
Abdul Hakim Son of. Abdul Rahim Vs. the State of Maharashtra
Court: Mumbai
Decided on: Apr-18-2012
1. By this application, the applicants have prayed for quashing of F.I.R. No.3009 of 2011, dt.8.11.2011 reported to Police Station, Aheri, District Gadchiroli u/s.13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 r/w. Section 109 of the Indian Penal Code.2. It is the contention of the applicants that he is a recipient of "Adivasi Sevak Puraskar" and Secretary/Member of Van Vaibhav Shikshan Mandal, while his wife/applicant no.2 was a Nurse serving from December, 1962 to January, 1977 at Public Health Centre in erstwhile Chandrapur and now Gadchiroli District. She had resigned due to domestic compulsions. It is submitted that poor children of the applicants are also happy and well placed in their respective occupations. According to the applicants, an offence punishable u/s. 13 of the Prevention of Corruption Act can be registered only on account of criminal misconduct by a public servant, but none of the applicants is a public servant. Furthermore, there is no reference...
Rangnath Murlidhar Wani Vs. District Aurangabad.
Court: Mumbai
Decided on: Apr-18-2012
1. Heard respective counsel.2. The petitioners have challenged the order dated 26.2.2009 issued by respondent No.2 - Additional Chief Executive Officer, Zilla Parishad, Aurangabad granting administrative approval in respect of the proposals under Jawahar Vihir Yojana ("the said scheme" hereinafter). Petitioner No.1 is a Member of Legislative Assembly from Vaijapur taluka constituency and Chairman of the Taluka Level Co-ordination Committee which forwards names of the beneficiaries under the said scheme. Petitioner No.2 is the Chairman of the Panchayat Samiti, Vaijapur. He too was a Member of the said committee at the relevant time. The petitioners contend that they belong to Shiv Sena - a political party.3. By Government Resolution dated 24.5.2002 a scheme for allocating funds for the said scheme was introduced. A method of selection of deserving persons was prescribed under the said Government Resolution. Taluka and District level committies were formed for the said purposes. A progra...
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