Mumbai Court January 1992 Judgments
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Union of India Vs. B. Sorabjee
Court: Mumbai
Decided on: Jan-24-1992
Reported in: 1992(60)ELT175(Bom)
Pendse, J.1. Hon'ble Shri Justice Bharucha and Hon'ble Shri Justice Saldhana by judgment dated July 12, 1991 directed notices to be issued to Kumar Prabhulal Shah to show cause why he should not be prosecuted under the provisions of Sections 191, 209, 210 and 468 read with 471 of the I.P.C. The reasons for issuance of notices are set out in the judgment and need not be repeated. The Division Bench was prima facie satisfied that Shah has committed serious offence in forging the documents and securing an order from the Court on the strength of such forged documents and reaping harvest of the orders of the Court. The Division Bench also found that Shah has surreptitiously removed original papers from the registry of this Court. The Division Bench also issued notice to Shah to show cause why he should not be committed for contempt of this Court by interfering with due course of judicial proceedings and administration of justice.2. The notices are duly served and on behalf of Shah, learned ...
Union of India (Uoi) and anr. Vs. Mansukhlal Chhaganlal Desai
Court: Mumbai
Decided on: Jan-24-1992
Reported in: 1992(42)LC692(Bombay)
M.L. Pendse, J.1. Shri Master, learned Counsel for the appellants stated at the outset that the controversy in this appeal, on merits, stands concluded by decision of the Supreme Court reported in : 1989(43)ELT811(SC) Collector of Customs v. K. Mohan and Co. Exports. In view of the decision of the Supreme Court, the appeal must fail.2. Shri Master submitted that the claim filed by the petitioners was not genuine. The learned Counsel urged that the petitioners claimed in the writ petition that consignment was purchased on high sea sale basis from M/s. Bhavani Textiles, a partnership firm and in support of the claim, reliance was placed on a letter written by M/s. Bhavani Textiles and signed by a partner. Shri Master submitted that this claim is incorrect and in support of the submissions, relied upon the affidavit of Jagdish Chander, Assistant Collector of (Legal) Customs, sworn on June 7, 1988. In paragraph 2 of the affidavit, it is claimed that on December 8, 1987, investigation was c...
Choithram Begraj Lalvaney Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jan-23-1992
Reported in: [1992]197ITR302(Bom)
V.A. Mohta, J.1. This is an application by the assessee under section 256(2) of the Income-tax Act, 1961 (the 'Income-tax Act'), for a direction to the Tribunal to state the case and to refer the following questions said to be of law, to this court for opinion : '(1) Whether, on the facts and in the circumstances of the case, there was any material before the Tribunal to hold that the assessee carried on business in smuggling (2) Whether, on the facts and in the circumstances of the case, the notice issued by the Income-tax Officer under section 148 of the Act was valid in law (3) Whether, on the facts and in the circumstances of the case, when the same relevant income was assessed in the hands of the two other independent assessee under the self-contained code and provisions of section 132(5) of the Income-tax Act, 1961, and, in spite of the applications of the said other two independent assessee under section 132(11) of the Act pending before the Central Board of Direct Taxes, the ...
Sayyad Alias Saidu Ghudubhai Fulari Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-23-1992
Reported in: 1994(2)BomCR334
S.M. Daud, J.1. These appeals by the appellants, who shall hereinafter be referred to as accused Nos. 1 and 2 take exception to the conviction and sentence recorded against them for the commission of the offence of murder in furtherance of a common intention punishable under sections 302 r/w. 34 of the Indian Penal Code.2. Accused are the sons of Ghudubhai Fulari a cultivator of village Badole Budruk, Taluka Akkalkot District Solapur. Deceased Dashrat Laxman Gaikwad was a cultivator owning land adjacent to that owned by Ghudubhai. Ghudubhai on the one hand and Dashrat on the other were involved in a long drawn out litigation over the boundary between the pieces of land owned by them. Ghudu's suit against Dashrat and his sons registered as R.C.S. No. 66 of 1982 was dismissed by the learned civil Judge, Junior Division of Akkalkot and the appeal preferred by him to the District Court at Solapur registered as civil Appeal No. 299 of 1984, yielded no better result. This left behind a trail...
Gabriel India Ltd. Vs. Union of India
Court: Mumbai
Decided on: Jan-22-1992
Reported in: 1992(3)BomCR26; 1992(62)ELT693(Bom)
ORDERK. Sukumaran, J.1. The petitioners are manufacturers of shock absorbers. They have approached this Court projecting a controversy under the Central Excises and Salt Act, 1944. Though the writ petition as amended, raises very many issues and contentions, only two points had been pressed before us at the time of arguments. The passage of a decade after the filing of the petition gave a quietus to many an acute dispute which initially existed as between the parties. 2. Counsel helpfully indicated the points pursued now, by a statement filed before this Court at the time of arguments. The contentions are brought under the headings, 'freight and octroi on returned goods', 'insurance', 'interest', 'secondary packing', and 'discount to Asia Automotives'. The claims regarding secondary packing and discount to Asia Automotives were the only surviving one. The above claims are dealt with in paragraphs 11 and 12 of the order of the Assistant Collector. 3. In respect of the claim regarding se...
Rajni Mohanlal Shivnani (Mrs.) Vs. Krishna B. Kapur (Mrs.)
Court: Mumbai
Decided on: Jan-22-1992
Reported in: 1992(3)BomCR186
M.F. Saldanha, J.1. Rule was made returnable in this matter almost immediately as it concerns the rejection of an application for amendment in the course of a part-heard suit pending before the Court of Small Causes at Bombay. The petitioner-landlady has filed a suit for recovery of possession of a flat occupied by the respondent-defendant. An earlier application for amendment made by her while the matter was part-heard came to be allowed in the month of April 1991. Thereafter another application, being Interim Notice No. 3726 of 1991, for once again amending the Plaint and including a flat situated on the Eastern Express Highway was made. The petitioner-plaintiff's case is that these premises were among those offered to the tenant as an alternative accommodation and that, therefore, the mention of the premises is very essential. She pointed out that instructions had been given to the Advocate earlier for the inclusion of this flat, but that he had left out the same inadvertently. The ...
Jagan Ramsingh Nepali Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-22-1992
Reported in: 1994(2)BomCR156
S.M. Daud, J.1. The appellant arraigned as accused No. 1 in a Sessions Case challenges the conviction and sentence recorded against him for the alleged commission of offences punishable under sections 392 and 397 read with 34 of the Indian Penal Code.2. On 7-7-1985, P.Ws. 2 and 3 who are man and wife had gone for a picnic alongwith their son and daughter named Nikhil and Nilanjana respectively to the Sanjay Gandhi National Park at Borivli. P.W. 3 Jambunathan was carrying on his person a sum of Rs. 200/- and Nirmala his wife had on her person ornaments, being four gold bangles with two in each hand, a gold ring and mangalsutra also of gold. While the family was picnicking at their favourite spot, they were horrified to see four miscreants making their way towards the family. One of the miscreants was flourishing a sword while the others were otherwise armed. The sword-wielding person was the appellant and flourishing it, he managed to extract from the couple the aforementioned articles....
Macchindra Namdeo Deokar Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-21-1992
Reported in: 1993CriLJ1957
Daud, J.1. This appeal takes exception to the conviction and sentence recorded against the appellant for the commission of an offence of murder punishable under S. 302 of the Indian Penal Code. 2. Deceased Rajendra alias Harischandra Devkate, appellant, Rajendra Sukhadeo Tengal and Sanjay Jaysing Sonavane were all students of Chaturchand Tulajaram College at Baramati in the Pune District. In the month of March, 1988, the College was having its annual examinations. That there would be trouble at the examinations was apprehended and a police posse was deputed to the College to maintain law and order. Appellant, Rajendra Tengal, Sanjay Sonavane and deceased Rajendra had all come to the College on 24-3-1988. There occurred a heated exchange between the appellant and Rajendra. Rajendra died the same day as the result of an incised wound penetrating the epigastric region. The same day the appellant was apprehended. 3. The prosecution case was that appellant with the assistance and in further...
Mohamed Sharif Abdul Khalil Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-21-1992
Reported in: 1994(2)BomCR217
M.F. Saldanha, J.1. The appellant before us has assailed the validity of his conviction under section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It is alleged that on the evening of 6-2-1988 at about 18.30 hrs. at Malegaon the police acting on the basis of information apprehended the appellant and that on a search of his person five small packets containing heroin are alleged to have been found. A panchanama was drawn up and the appellant was thereafter taken to the police station. It is further alleged that the appellant made a statement, which the police recorded, on the basis of which they proceeded to his residence and it is the case of the prosecution that another twenty two small packets were produced by the appellant from his residence. These packets were also found to contain similar powder and the same were seized under a panchanama. The police forwarded both the sets of packets to the Chemical Analyser and there is no dispute about the fact that the C.A. ...
Commissioner of Income-tax Vs. Smt. Sumatibai M. Dhanwatey
Court: Mumbai
Decided on: Jan-20-1992
Reported in: [1995]212ITR492(Bom)
V.A. Mohta, J. 1. At the behest of the Commissioner of Income-tax, Nagpur, the following four questions have been referred to this court under section 256(1) of the Income-tax Act, 1961 (for short 'the I. T. Act'). '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not liable to be assessed in respect of the interest income on accrual basis 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not liable to be assessed to income-tax in respect of the lease rent on accrual basis 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to deduction on account of share of compensation paid to Saiydina Saifuddin Memorial Trust 4. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to deduction on a...
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