Mumbai Court July 2012 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
M/S. Salvi Chemical Industries Ltd. Vs. Commissioner of Central Excise ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-13-2012
Sahab Singh This is an appeal filed by the appellants against letter dated 10.2.12 signed by the Dy.Commissioner of Central Excise on behalf of Commissioner of Central Excise, Thane. 2. The brief facts of the case are that the appellants are manufacturers of chemicals falling under Chapter 28 and 29 of the Central Excise Tariff. The appellants have manufacturing facilities at two units one situated at Plot No.E-90/E-93/E-94/E-95 and another at Plot No.E 131 of MIDC, Tarapur Industrial Area, Tarapur, Boisar Dist.Thane, Maharashtra. Both the units are duly registered with Central Excise Department and fall under the Central Excise Division-Boisar II of Thane.II Commissionerate. Both the units are separated by a public road. Though the Central Excise Registration of Unit II was taken on 16.6.2010, the actual manufacturing activity at this unit started much later as civil construction and installation of machinery was not complete. The two premises of the appellants’ unit are p...
M/S. Precision Metals Vs. Commissioner of Central Excise, Raigad
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-13-2012
Sahab Singh This is an appeal filed by the appellants against the Order dated 13.2.12 passed by the Commissioner of Central Excise(Appeals), Mumbai. 2. The facts of the case are that the appellants were availing Cenvat credit on inputs received from 100% EOU. As per provisions of Rule 3(7) of Cenvat Credit Rules, 2004 in respect of inputs received from 100% EOU with effect from 1.3.2006, Cenvat credit is admissible equal to the amount calculated by the formula X x [ 1+BCD/400) x (CVD/100) ]. However, the appellants were availing full Cenvat credit of CVD, Education Cess, Secondary and Higher Education Cess. In view of Rule 3 of the Cenvat Credit Rules, the appellants were entitled to Cenvat credit as per this formula prescribed in Rule 3(7)(a) of Cenvat Credit Rules. But the appellants were wrongly availing the Cenvat credit in excess of amount admissible to them as per the provisions of Rule 3(7) of the Cenvat Credit Rules. Accordingly a show-...
Vishnu S/O Narayan Belgumwar Vs. the State Government of Maharashtra, ...
Court: Mumbai Nagpur
Decided on: Jul-13-2012
Common Judgment: Both these appeals are arising out of the judgment and award dated 25.4.2005 passed by the Civil Judge, Senior Division, Pusad [Reference Court] in L.A.C. No.72/1992. The First Appeal No.477/1995 is filed by the land owner taking an exception to the inadequate amount of compensation awarded by the Reference Court; whereas, the First Appeal No.153/1997 is filed by the State stating that the compensation awarded by the Reference Court is exorbitant. Hence both these appeals are being disposed of by this common judgment. 2] Land Gat No.62 area 1.61 H.R. situated at village Lakh, Tahsil Digras, District Yavatmal is owned by the land owner. Out of this, area of 93 R was acquired for the purpose of laying irrigation canal, through the land vide notification dated 4.9.1986. The Land Acquisition Officer declared the award on 29.7.1989, fixing the compensation @ Rs. 16,000/- per hectare. Dissatisfied with this award the land owner sought reference mainly on the grounds that the...
Kishor Pandurang Garad Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Jul-13-2012
1. Heard. 2. Rule, returnable forthwith. With the consent of the parties, taken up for hearing. 3. This is an application under Section 482 of Cr.P.C. seeking quashing of the first information report on the basis of which Crime No. 86/2011 is registered at City Police Station, Khamgaon against 35 persons. The applicant being one of them, is seeking the relief only to his extent. His name appears as accused no.16. 4. The applicant herein has been arraigned in the list of accused in the capacity of being the Director of Shri Gajanan Urban Credit Co-operative Society Limited, Khamgaon. It is the case of the applicant that he had never applied for the membership of the said society and, therefore, there is no possibility of his being Director of the said Society. 5. The counsel for the applicant submits that upon getting the knowledge that he has been implicated as an accused in Crime No. 86/2011 registered at City Police Station, Khamgaon, the applicant had filed an application under the ...
Hanuman Vyayam Prasarak Mandal a Society Registered Under the Societie ...
Court: Mumbai
Decided on: Jul-13-2012
(Per S.C. Dharmadhikari, J) 1. Rule. Respondents waive service. By consent of the parties and looking to the urgency, rule is made returnable forthwith. 2. By these petitions under Article 226 of the Constitution of India, the petitioners are challenging the order dated 14.09.2011 passed by the Union of India, Department of Health and Family Welfare and particularly styled as “AYUSH” i.e. Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy. 3. By the said order, the Government of India has refused to grant permission for admitting students to the B.A.M.S. (under Graduate) to the P.G. Course (Post Graduate) in Shalakya for the session 201011. For appreciating the challenge to the impugned order, it would be proper to narrate the facts in Writ Petition No. 4965/2011. 4. The first petitioner is a Society, registered under the Societies Registration Act, 1960 so also under the Bombay Public Trust Act, 1950 as a public charitable trust. The second petition...
Shri Heriberto Francisco Maria D'Cunha alias Hariberto D'Cunha (since ...
Court: Mumbai Goa
Decided on: Jul-13-2012
By this appeal, the appellants take exception to the order dated 13th November, 2001, passed in Civil Misc. Application 115/97/B in Special Civil Suit No.65/97/B by the Addl. Civil Judge, Senior Division, at Vasco da Goa, dismissing the application for interim relief filed by the original plaintiff. 2. The appellants are legal representatives of the original plaintiff who expired during the pendency of the appeal before this Court and the respondents are the original defendants in the above suit. The parties shall, hereinafter, be referred to as per their status before the Trial Court. 3. The plaintiff filed the above suit for declaration that the sale deeds dated 21.5.1996 and 19.9.1996 executed by defendant No.1 in favour of defendant No.3 be treated as null and void and not binding on the plaintiff since they have no right in the property known as “Adolem e Balcondicho Vollo”, situated within the Village Panchayat of Cuelim-Cansualim, Mormugao Taluka, bearing matriz No. ...
Sitaram S/O Shriramji Bhandari Vs. Bhagwan S/O Rangnath Ashtekar
Court: Mumbai Aurangabad
Decided on: Jul-13-2012
Rule. Rule made returnable forthwith. With the consent of parties heard finally. 2. This Civil Revision Application is filed challenging the judgment and order dated 30th August, 2011, passed by the Principal District Judge, Beed, in Rent Appeal No. 2 of 2007, thereby confirming the judgment and order dated 23rd May, 2007, passed by the Rent Controller/Deputy Collector (Land Reforms), Beed, in File No. 98/RCA/DESK/03. 3. The revision applicant herein, is the tenant and the respondent herein, is the landlord. The respondent filed petition before the Rent Controller stating therein that, he is the owner of the suit premises as described in paragraph-1 of the petition filed before the Rent Controller. The revision applicant i.e. original respondent, is in possession of the suit premises, as tenant under the lease agreement entered into between the parties in the month of October, 1995. It was the case of the landlord that, though the lease agreement was entered between the parties in the ...
Kashiram S/O. Tiran Bopche Vs. Ramesh S/O. Motiramji Patil
Court: Mumbai Nagpur
Decided on: Jul-13-2012
Oral Judgment : 1. This appeal under Section 378 of the Code of Criminal Procedure is directed against the judgment and order dated 27th March, 2008 passed by the learned Judicial Magistrate, First Class, Court No.9, Nagpur in S.C.C. No.514 of 2004. The complainant, being aggrieved by the judgment and order of acquittal of Ramesh Motiramji Patil of the offence punishable under 11(3) r/w. Section 13 (1) of the Maharashtra Employees Private School (Conditions of Service) Act, 1977 (hereinafter referred to as “ the M.E.P.S. Act “), has prayed to quash and set aside the impugned judgment and order of acquittal. 2. The contention raised on behalf of the appellant is that the judgment delivered by the learned trial Magistrate is bad in law in the facts and circumstances of the case. The respondent/accused ought not to have been acquitted. 3. The facts, briefly stated, are as under: That the complainant had lodged a complaint against four accused persons alleging that, when the co...
Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, a Government of ...
Court: Mumbai Nagpur
Decided on: Jul-13-2012
S.C. Dharmadhikari, J. Rule. Shri S.C. Mehadia, learned Counsel appearing on behalf of the contesting respondents, waive service. As the pleadings are complete, by consent of the parties we proceed to dispose of the petition finally as directed in the order dated 27.02.2012. 2. This Writ Petition under Article 226 of the Constitution of India questions refusal of the Western Coalfields Limited/Coal India Limited to pay encashment leave to the petitioner and the monetary component in terms thereof. What the petitioner has claimed in this Writ Petition is, the benefit of encashment of 219 days of Earned leave and 293 days of Half pay leave. 3. The facts which are not in dispute are as under: On 03.03.1976, the petitioner joined the Nationalised Coal Sector as Assistant Welfare Officer (Trainee) in Western Coalfields Limited at Korba and continued there till 12.06.1984. Thereafter, he was posted from 14.06.1984 to 30.06.1989 at Nagpur as Personnel Officer, Western Coalfields Ltd. He was p...
Dulharsingh Daulatsingh Jarhade Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Jul-13-2012
Oral Judgment: (A.H. Joshi, J.) 1] Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned APP. 2] This is a letter petition. The petitioner is a convict. He claims that he has been designated as a night watchman in the jail. 3] Petitioner was released on furlough for 30 days, and he has returned on 7.2.2012. Thereafter, on 6.3.2012, the petitioner has applied for parole on the ground that health of his daughter Sangita is unwell and special attention to her is needed. 4] Petitioner has relied upon a medical certificate, which is dated 10.4.2012 and is issued by Dr.Mrs.Deoyani Deshpande, M.B.B.S., D.A., of Aurangabad.. The text of certificate reads as follows:- "This is to certify that Smt.Sangita w/o Dulersingh Jarhade is suffering from severe Icterus and Anaemia. Her husband should be with his wife for the care of her at least one month starting from today.Sd/Dr.DeoyaniDeshpande" 5] The petitioner's request for parole has been rejected by orde...
- ‹ Prev
- 20
- 21
- 22
- 23
- 24
- 26
- 27
- 28
- 29
- 30
- Next ›
- Last »