Court : Mumbai
Decided on : Dec-22-2006
Reported in : 2007(2)ALLMR612; 2007(3)MhLj275
J.H. Bhatia, J.1. All petitions may be disposed of by common judgment. These petitions may be divided in three groups. In the Writ Petition Nos. 5526/95, 1388/96, 4341/96,7648/2000, 1579/2002, 2575/2003, 9160/2003, 9162/2003,9178/2003, 847/2006, 2025/2006, 3047/2006, 377/2001, 5584/2006, 6537/2006,OSWP Nos. 407/1992,3693/1991 and 452/2005 the petitioners claim to hold either the degree or diploma of Vaidya Visharad or Ayurved Ratna or some other equivalent degree awarded by Hindi Sahitya Sammelan Prayag or Hindi Sahitya Sammelan Allahabad and some other institutions, whose degrees and diplomas are not recognised in Schedule II of the Indian Medical Central Council Act, 1970 (In short The Central Act). Most of them claim to have been registered with the State Council of Bihar, Madhya Pradesh and Andhra Pradesh. These degrees and diplomas in Ayurveda conferred by Hindi Sahitya Sammelan Prayag after 1967 and all the degrees and diplomas conferred by Hindi Sahitya Sammelan Allahabad are no...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-14-2006
1. The issue in dispute in the present appeal is the classification of "Tiger Balm", manufactured by the respondents herein - whether under CET Sub-heading 3003.39 as a Ayurvedic medicament, attracting duty at the rate of 8%, as claimed by the manufacturers and upheld by the Commissioner, or under GET Sub-heading 3003.10 as F or P medicaments other than those medicines which are exclusively Ayurvedic...attracting duty at the rate of 15% for certain period and 16% thereafter, as contended by the Revenue. The period in dispute is December 1996 to February 2000.2. According to the Revenue the assessee has wrongly claimed (he-product as Ayurvedic Medicine for the reason that the product owed its origin to Chinese traditional medicine, and the formulations, brand name, logo, product goodwill etc. had been received under licence from M/s. Haw Par Healthcare Ltd. Singapore for exclusive manufacture, marketing and sale in India. The Singapore company is also the proprietary owner of the goods...
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-2006
Reported in : 2007(1)ALLMR717; 2007(1)MhLj519
V.C. Daga, J.1. This petition is directed against the order dated 8th May, 2000 passed by the respondent No. 3 and the order dated 1st June, 2001 passed by the respondent No. 1; communicated to the petitioner vide letters dated 11th February, 2002 and 11th September, 2002; whereby the petitioner came to be dismissed from service after departmental enquiry. The Facts2. The facts giving rise to the filing of this petition are as under:3. The petitioner was working as Accounts Officer with the Maharashtra Remote Sensing Application Centre, Nagpur (the ' MRSAC' for short); which is a Society registered under the Societies Registration Act. It receives grant from the State Government. It has to function as per the policy of the State Government.4. It has framed its own bye-laws and service rules known as the 'Service Rules and Procedure' for the Personnel and Administrative affairs. The post of Accounts Officer in the pay-scale of Rs. 2000-3500 was created from 3-11-1992 with due approval f...
Tag this Judgment!Court : Mumbai
Decided on : Nov-21-2006
Reported in : 2007(1)ALLMR537
R.M. Lodha , J. 1. By means of this writ petition, in the nature of Public Interest Litigation, the petitioner challenges the action of the State Government (Respondent No. 1) under Section 37 of the Maharashtra Regional Town Planning Act, 1966 (for short, `the Town Planning Act') in excluding the plot bearing Survey No.86 (Part) Parvati admeasuring 1.75 hectares from Hill Top Hill Slope Zone (HTHS Zone) and inclusion of the same in the Residential Zone of the city of Pune. 2. The petitioner claims to be renowned freelance Journalist. He is Trustee Secretary of a Trust named Rashtra Seva Pratisthan. He also claims to be a Trustee of Acharya Anand Rishiji Blood Bank at Pune. He claims to be the member of the Managing Committee of an organization 'Hridayankit' founded to help cardiac patients from amongst down trodden. According to him, he has all along been in the forefront in Mr. Anna Hazare's drive against corruption and has, on his behalf, led several agitations in Pune. He is reside...
Tag this Judgment!Court : Mumbai
Decided on : Oct-20-2006
Reported in : AIR2007Bom69; 2007(3)BomCR737; 2007(1)MhLj691
R.M.S. Khandeparkar, J.1. Heard. Rule. By consent, the rule is made returnable forthwith.2. The petitioner challenges the order dated 29th August, 2006 passed by the revisional bench of the Small Cause Court, Mumbai, in Revision Application No. 23 of 2006 and the order dated 3rd December, 2005 passed by the trial Judge in Interim Notice No. 1576 of 2005 in R.A.E. Suit No. 752 of 2004. The order of the trial Judge relates to the rejection of the application filed by the petitioner objecting the admissibility of certain documents which were sought to be produced on record along with the affidavit in evidence filed under Order XVIII, Rule 4 of the Code of Civil Procedure, 1908 and the order of the Revisional Court relates to the dismissal of the said revision against the said order of the trial Judge.3. The learned advocate appearing for the petitioner, placing reliance in the decision of the learned Single Judge in Sayarabi Sayyad Abdul Ajij (Deceased), through LRs. v. Shri Abdul Rashid ...
Tag this Judgment!Court : Mumbai
Decided on : Oct-06-2006
Reported in : 2007(3)BomCR724; 2007(1)MhLj579
V.M. Kanade, J.1. The petitioner No. 1 - Administrator of Union Territory of Dadra Nagar Haveli and the petitioner No. 2 - Union of India have filed these two Writ Petitions, challenging the Judgments and Orders passed by the Central Administrative Tribunal whereby the Tribunal was pleased to allow both the Original Applications and thereby held that the respondents were entitled to the pay- scale of Surveyor and Veterinary Assistant respectively in their Original Application on the principle of equal pay for equal work. Against the said Judgments and Orders passed by the Tribunal in the two Original Applications filed by the respondents, the petitioners have preferred a Writ Petition No. 5460 of 1999 in this Court and it was admitted on 3rd February, 2006 and interim relief in terms of prayer Clause (b) was granted. Facts:2. The respondents in Writ Petition No. 596 of 2001 were appointed as a Surveyors in the Administration of Union Territory of Dadra and Nagar Haveli by Order dated 1...
Tag this Judgment!Court : Mumbai
Decided on : Sep-15-2006
Reported in : [2008]143CompCas122(Bom)
N.A. Britto, J.1. This is a petition for the winding up of the respondent-company under Section 433(e) of the Companies Act, 1956, ('the Act', for short) on the ground that the respondent has been unable to pay its debt to the petitioner in the sum of Rs. 1,72,406 and under Section 433(f) of the Act on the ground that the respondent has become commercially insolvent.2. The respondent is a company having its factory at Taloja in Raigad district of Maharashtra and its registered Office at Panaji, Goa. The petitioner carries on business of maintenance engineers and repairers of cooling towers. The respondent was desirous of carrying out certain modifications to their existing Paharpur cooling tower and therefore invited quotations and after negotiations the petitioner was asked to carry out the said modifications pursuant to letter of indent dated January 23, 1999. The petitioner was paid an advance of Rs. 25,480. As per the petitioner, the petitioner submitted three bills for the supplie...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Sep-05-2006
2. The appellant are against the manufacture of varicus medicaments falling under chapter 30 of the Central Excise tariff Act, prior to 2.4.1998 as under: Prior to 2.4.98, the appellants were manufacturing enteric coated acetyl salicylic acid acid tablets I.P. 50 mg and put up these tablets in aluminium foil blister packing. The product name was mentioned as "enteric coated acetyl salicylic acid" and also trade mark/symbol registered by the appellants under Trade and Merchandise Mark Act, 1958 was indicated on the packing. Accordingly, such acetyl salicylic acid which was bearing the brand name/trade mark/symbol was declared as falling under sub-heading 3003.10 as patent and proprietary medicament. From 2.4.98 onwards the appellants also cleared acetyl salicylic acid by mentioning the name of the product and also indicating the abbreviation of the product as "ASA". Since in this type of packing there was no trade marks/symbol affixed, the applicants claimed this product as generic pro...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-25-2006
Reported in : (2006)(112)ECC15
1. Heard both sides at length on 24^th & 25^th April, 2006. We note that the matter was earlier remanded to the Tribunal by the Hon'ble Supreme Court by its order dated 16.2.2000 in the following terms: 19. The appeal is allowed. The impugned order of the Tribunal is set aside. The case is sent back to the Tribunal to entertain and examine the plea of the Revenue if the contract DM 302 is undervalued on the basis of the material already available on record. The Tribunal shall consistently with the observations made and findings recorded in this judgment hear and dispose of the appeal before it within a period of six months from the date of communication of this order. The bank guarantee furnished by the appellant shall be kept alive and the amount deposited shall also continue to remain in deposit till the date of decision by the Tribunal whereafter the bank guarantee and the deposit shall be dealt with consistently with the order of the Tribunal. 20. Though we have set aside the ...
Tag this Judgment!Court : Mumbai
Decided on : Jul-18-2006
Reported in : 2006(6)MhLj42
D.Y. Chandrachud, J.1. Rule, with the consent of counsel, made returnable forthwith. At the request of the counsel, the petition is taken up for hearing and final disposal.On 27th August, 1956, an Indenture of Lease was executed between Burmah Shell Oil Storage and Distributing Company of India Ltd. ('Burmah Shell'), the predecessor-in-title of the Petitioners and the Respondents. By and under the lease a plot of land admeasuring 888 sq. yards being C.S. No. 549, Mazgaon Division was leased out by the respondents to Burmah Shell. The term of the lease was for a period of 20 years commencing from 1st January, 1956 and the monthly rent was fixed at Rs. 550/=. Clause 3(c) of the lease deed contained the following covenant:(c) If the Lessee shall have given to the Lessor not less than two calender month's notice in writing prior to the expiration of the term preserved herein expressing a desire to renew the lease and shall have duly observed and performed all the terms and conditions hereo...
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