Mumbai Court February 1992 Judgments
Sudhakar Bhaskar Pore Vs. the State of Maharashtra
Court: Mumbai
Decided on: Feb-26-1992
Reported in: 1993(3)BomCR482
D.J. Moharir, J.1. The appellant Sudhakar Bhaskar Pore the Head Constable in the Police Department of the State of Maharashtra was charged and tried for and convicted for committing an offence under section 161 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act. Upon conviction he was sentenced to suffer rigorous imprisonment for one year and a fine of Rs. 200/- in default further rigorous imprisonment for one year under section 161 of the Indian Penal Code. The same sentence was awarded to him also upon conviction under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 but the sentence of imprisonment in default of payment of fine of Rs. 100/- was restricted to 15 days. The substantive sentences were directed to run concurrently.2. At the material time in September 1980 the Head Constable Sudhakar Pore was posted in the district of Raigad at the police out post at Kolad under the Police Station R...
Tag this Judgment!Shankar Raju Banglorkar Vs. State of Goa
Court: Mumbai
Decided on: Feb-25-1992
Reported in: 1992(2)BomCR169; 1992CriLJ3034
Dr. D.A. Silva, J.1. The appellant is the accused in Sessions Case No. 74/90 wherein he was convicted by the learned Sessions Judge, Panaji, under section 20(b)(ii) N.D.P.S. Act (hereinafter called the Act) and sentenced to undergo 14 years Rigorous Imprisonment and fine of Rs. 1,00,000/- or in default to undergo further Rigorous Imprisonment for six months. 2. The brief facts of the case are that on information received from Head Constable K. G. Dessai on Intelligence Duty at Mapusa Police Station, P.S.I. Bosco George who is attached to the Anti Narcotic Cell at Panaji went to Mapusa, caught the accused in his barber's shop and took him for interrogation to ANC office, Mapusa where the appellant disclosed that he was having charas in his residence. Thereupon appellant, police party along with panchas went to the house of the appellant and from under the kitchen platform a plastic bag was recovered containing three packets of charas. Samples of the packets were taken by the I.O. and se...
Tag this Judgment!Collector of Central Excise Vs. Bhartiya and Dalal Paints Pvt.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-21-1992
Reported in: (1992)(62)ELT549Tri(Mum.)bai
1. This appeal from the Revenue is directed against the order of the Collector (Appeals) bearing No. KVV-234/B-II/91 dated 9-11-1.990 allowing the appeal of the respondents, with certain directions to the Assistant Collector to allow the modvat credit in respect of the receipt of input on 26-9-1.989 under a delivery challan after satisfying that the duty has been debited in PLA on 26-9-1.989, as referred to in the delivery challan issued by the supplier. The respondents received certain inputs under a delivery challan dated 26-9-1989 and look modvat credit amounting to Rs. 11,218.57 on the basis of the delivery challan, which is not an approved or an authorised document for taking credit under Rule 57G.. Hence the Assistant Collector has rightly rejected the modvat credit, whereas the Collector (Appeals) has accepted the delivery challan as a proper document for taking modvat credit and on that basis, he has directed the Assistant Collector to verify the particulars of payment of duty...
Tag this Judgment!Abdulla Gani Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-21-1992
Reported in: (1992)43ITD180(Mum.)
1. These two appeals by the assessee challenge the orders of the learned Commissioner (Appeals) pertaining to the assessment years 1988-89 and 1989-90.2. In the appeal for the assessment year 1988-89, the first ground raised is with regard to the levy of interest amounting to Rs. 2,20,995 under Section 217 of the Income-tax Act. The assessee filed his return of income for this year on 9-6-1988 declaring a taxable income of Rs. 10,38,835, which he subsequently revised on 7-9-1988 enhancing his income to Rs. 10,49,257. On 19-6-1987, the DDI authorities at Coimbatore seized from one of the assessee's employees a sum of Rs. 9,89,550 in cash belonging to the assessee. The assessee, on receipt of summons Under Section 131, 19-6-1987 and 26-6-1987 made a statement in the presence of ADI (Inv.), Unit 111(3), Bombay, declaring that he was the owner of the money. On 16-10-1987, the Income-tax Officer passed an order under Sections 132(5) and 132(7), after considering the submissions of the asse...
Tag this Judgment!Society for Clean Environment and anr. Vs. Union of India (Uoi) and or ...
Court: Mumbai
Decided on: Feb-21-1992
Reported in: 1992(3)BomCR362
K. Sukumaran, J.1. This is an environmental action. Society for Clean Environment, Bombay and its Secretary are the petitioners. On the array of the respondents is the Union of India-respondent No. 1. The State of Maharashtra is respondent No. 5; and the primary statutory body entrusted with the protection of the environmental rights of the ordinary citizens---the Maharashtra Pollution Control Board (hereinafter referred to as 'the Board') is respondent No. 6. The industrial units of the Tatas referred to as Tata Electric Company (T.K.C.), figure as respondent Nos. 2 to 4.2. Tatas had already four Units generating electricity, the first three of 62.5 MW each aggregate and the fourth one of 150 MW. The fifth unit with a capacity of 500 MW was commissioned later. The details are as follows:Particulars of T.K.C. Units at Trombay.Unit Capacity Year Fuels use FuelNo. MW capability. presently Commissioned. used1. 62.5 1956 Gas/Oil Gas2. 62.5 1956 Gas/Oil Gas3. 62.5 1960 Gas/Oil/Coal Gas4. 15...
Tag this Judgment!Sulphur Dyes Ltd. Vs. Hickson and Dadajee Ltd.
Court: Mumbai
Decided on: Feb-20-1992
Reported in: 1992(3)BomCR349; [1995]83CompCas533(Bom)
D.R. Dhanuka, J.1. Sulphur Dyes Limited has filed this petition under section 155 of the Companies Act 1 of 1956, seeking an order and direction of this court to Hickson and Dadajee Ltd. to delete the petitioner's former name 'Hickson and Welch Limited' and substitute in its place the present name of the petitioner in respect of 20,872 shares held by the petitioner in the said company. 2. It is not disputed that Hickson and Welch Ltd. is shareholder of Hickson and Dadajee Ltd. holding 20,872 ordinary shares of Rs. 100 each constituting 34 per cent. of the equity share capital of the respondent-company. A statement of the distinctive numbers of the share certificates held by the said company is annexed as exhibit 'A' to the petition. The particulars of these shares along with certificate number and distinctive numbers are mentioned hereinafter : ------------------------------------------------------------Certificate Number of Distinctivenumber shares numbers-----------------------------...
Tag this Judgment!Ravindra Wasudeo Jamdagni Vs. Maharashtra Academy of Engineering and E ...
Court: Mumbai
Decided on: Feb-20-1992
Reported in: 1992(2)BomCR50; (1992)94BOMLR292; (1993)ILLJ614Bom; 1992(2)MhLj1286
P.D. Desai, C.J. 1. The writ petitioner claims to have been continuously employed as Peon in the Electronics and Computer Department of the 2nd Respondent Institute which is affiliated to the University of Poona. The respondents dispute the claim and contend that he was engaged on daily wages basis to perform duties of manual nature. It is not necessary to go into and resolve this dispute since for the adjudication of the present case, it will be assumed (without deciding) that the writ petitioner was a daily rated employee. 2. The writ petitioner alleges that his employment was discontinued by an oral order passed on October 22, 1990. He preferred an appeal under S. 42B of the Poona University Act, 1974 (hereinafter referred to as 'the Act') before the College Tribunal, Pune (hereinafter referred to as 'the Tribunal') set up under S. 42A of the Act. The Tribunal dismissed the appeal on the ground that the writ petitioner was not an 'employee' within the meaning of the Maharashtra Non-...
Tag this Judgment!Pratap Krishan Rew Vs. Director General of Shipping and ors.
Court: Mumbai
Decided on: Feb-20-1992
Reported in: 1992(3)BomCR367
K. Sukumaran, J.1. The petitioners are former Naval Seamen Sailors. They have served for periods ranging between a decade and two. Later they were discharged. They sought a 'continuous discharge certificate'. This is essential for them to get fresh engagements in the ships. Their requests were not answered. They have now come to the Court for reliefs. 'Command the respondents to perform their statutory duty' - is the prayer.2. The defence is based on a policy decision taken by the Seamen's Employment Board on 8-3-1983 The resolution readsITEM No. 5'To evolve a policy for After hearing the views of both the the purpose of reserving some Ship owners & the Seafarers side vacancies for Ex-Naval ratings the Chairman opined that in view in the Merchant Navy. of the acute unemployment position among the existing seasmen, the time is not opportune to consider reservation of any percentage of vacancies for Ex-Naval Personnel. He stated that the matter be reviewed when the employment position im...
Tag this Judgment!indo Aden Salt Mfg. and Trading Co. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Feb-18-1992
Reported in: (1992)41ITD486(Mum.)
1. The principal grievance in this appeal is that the Commissioner (Appeals) was in error in not granting to the assessee relief under Section 32(1 )(iii) on the assets of the assessee taken over by the Government of Yemen and also deduction in respect of cash and bank balances aggregating to Rs. 3,73,405.2. It may be necessary to set out the facts of the case in brief. The original assessment in this case was completed by the ITO on the basis of the return filed by the assessee on a total income of Rs. 3,53,020.The assessee was carrying on business in Aden, which was taken over by the Government of Yemen during the previous year relevant to the assessment year under consideration. The assessee, after the completion of the regular assessment, filed a revision petition before the Commissioner of Income-tax. In the revision petition it was claimed that since its entire business along with the stock-in-trade at Aden was nationalised by the Government, the assessee would be entitled to a ...
Tag this Judgment!Maharashtra State Co-operative Cotton Growers Marketing Federation Ltd ...
Court: Mumbai
Decided on: Feb-17-1992
Reported in: AIR1992Bom498; (1992)94BOMLR397; 1992(2)MhLj1628
ORDERG. D. Patil, J. 1. The petitioner Federation, the Co-operative Society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 is having its head office at Bombay and various Zonal and Sub Zone Offices at different places in Maharashtra. The petitioner Society has been appointed as the Chief Agent for the Government of Maharashtra under the provisions of S. 42 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971 and under the said agency business the petitioner Federation purchases raw cotton and also gets the same processed by way of ginning and pressing, and, further sells the cotton bales, cotton seeds etc as envisaged under the said Act. 2. The respondents are the Municipal Councils duly constituted under the Maharashtra Municipalities Act, 1965 (hereinafter referred to as the 'Municipalities Act( respectively for the townships of Dhamangaon and Daryapur. 3. The petitioner for the purpose of its agency business under the Ra...
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