Mumbai Court February 1975 Judgments
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The State of Maharashtra Vs. Pirumal Khushaldas and ors.
Court: Mumbai
Decided on: Feb-10-1975
Reported in: 1976CriLJ485; 1975MhLJ570
Shimpi, J.1. The State of Maharashtra challenges the order of acquittal passed by the Special Judicial Magistrate, First Class, Corporation, Nagpur, in Criminal Case No. 7928 of 1972 against 4 respondents who were charged that they, as partners of a partnership firm M/s. Khushaldas Deomal and Co. at Itwari, Nagpur, conducted business of edible oil and on 13th of September 1973 sold groundnut oil to Shri Kirtane, a Food Inspector, which on analysis did not conform with the standard laid down as per Prevention of Food Adulteration Rules 1955 and thereby committed an offence punishable under Section 7(i) read with Section 16(1)(a) of the Prevention of Food Adulteration Act.2. The facts of the prosecution case in brief are as under:-P.W. 1 Vijay Kirtane is working as Food Inspector in the districts of Vidarbha region. On 13th of September 1972 he along with witness Nilkanth Boghade, and Food inspector L.S. Asai, visited the shop premises of the firm situated at Maskasath, Nagpur. Accused N...
Associated Biscuit Co. P. Ltd. Vs. T.L. Nambiar
Court: Mumbai
Decided on: Feb-07-1975
Reported in: [1978]48CompCas481(Bom)
Deshmukh, J.1. This is appeal has been filed by a private limited company against the order of the learned company judge dated January 8, 1975, by when which he allowed an application for amendment filed by the original petitioner, the present respondent. The respondent as a petitioner filed the Company Petition No. 1 of 1972, for winding up the appellant private limited company. According to the respondent, he was a creditor of this company to the extent of Rs. 31,000. He served a statutory notice dated February 9, 1972. Within two days after this statutory period, he received a telegram from the company that they do not admit the liability. He also received a full text of the defence on March 20, 1972. Not being satisfied with that, he presented the petition for a winding-up order on April 12, 1972. 2. When this petition came for first order on April 13, 1973, before the learned company judge, he issued a notice before admission returnable on April 29, 1972. An undertaking was taken ...
Commissioner of Sales Tax Vs. Rowers Chemicals Pvt. Ltd.
Court: Mumbai
Decided on: Feb-05-1975
Reported in: [1975]35STC452(Bom)
Kania, J.1. This is a reference under section 61(1) of the Bombay Sales Tax Act, 1959 (hereinafter referred to as 'the said Act'), made at the instance of the Commissioner of Sales Tax. 2. The facts giving rise to this reference are as follows : 3. The respondent is a manufacturer of drugs. In August, 1959, the respondent entered into an agreement for the sold distributorship of its products with one Herbertsons Private Limited. The terms of this agreement are contained in a letter dated 28th August, 1959, addressed by the respondent to the said Herbertsons Private Limited. By the said letter the respondent appointed the said Herbertsons Private Limited from 1st September, 1959, as the sold distributors for sodium salicylate manufactured by the respondent for several States within the territory of India as set out in the said letter. It was agreed that the prices would be maintained in parity with those of the allied manufacturers. The respondent agreed to allow a commission of five pe...
Commissioner of Sales Tax Vs. Jayanand Khira and Co. Private Ltd.
Court: Mumbai
Decided on: Feb-04-1975
Reported in: [1975]36STC242(Bom)
Madon, J.1. This is a reference under section 61(1) of the Bombay Sales Tax Act, 1959, in which at the instance of the Commissioner of Sales Tax the following question has been referred to us for our determination : 'Whether, having regard to the facts and circumstances of the present case, the Tribunal is justified in law in coming to the conclusion that the oil-tank sold by the respondent did not fall within entry No. 58 of Schedule C to the Bombay Sales Tax Act, 1959 ?' 2. The respondents entered into a contract with one Shah and Patel Company of Surat for the following three items : (1) For manufacture and supply of driver's cabin of steel construction and panelling of 18G aluminium alloy in the exterior and 20G in the interior at the rate of Rs. 2,350 each. (2) For manufacture and supply of one tank of 12,000 litres capacity, fitted with 4 compartments of 3,000 litres each, with manhole fittings, discharge valves, the tank to be rigidly and properly mounted on the customer's chass...
Haroon Mohamed Memon Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-01-1975
Reported in: (1976)78BOMLR630
Vimadalal, J.1. This is an appeal filed by the original accused from his conviction under Sections 411 and 414 of the Indian Penal Code by Mr. B.P. Saptarshi, Additional Chief Presidency Magistrate, Bombay, and the sentence of three months' rigorous imprisonment and a fine of Rs. 500 imposed upon the accused by him in respect of the same. The short facts necessary for the purpose of disposing of this appeal are, that the complainant Sunderlal Chotalal carries on business in the name of 'Laxmi Metal Industries,' in Bombay, and does the work of cutting stainless steel sheets into pieces of circular shapes of different sizes, that on August 14, 1972 lie had certain circular sheets of a customer stored in gunny bags in his workshop, that he locked his workshop that evening and opened the same on the morning of August 16, 1972, August 15, 1972 being a public holiday; and that lie thereupon found that a considerable quantity of the circular stainless steel sheets stored in his workshop had d...
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