Mumbai Court August 1994 Judgments
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Vishwas Bhosle, Asst. Collector of Customs Vs. Onyekwo Felix Nwafar an ...
Court: Mumbai
Decided on: Aug-18-1994
Reported in: 1995(2)BomCR212; (1995)97BOMLR854
V.H. Bhairavia, J. 1. The facts leading to this application under section 482 of the Criminal Procedure Code are in brief that the contraband drugs i.e. brown sugar weightage 8 kgs., valued at Rs. 16 lakhs were seized from the person of the respondent-accused on 19-7-88 while he was in process of boarding the flight for Adis Ababa and a complaint was filed against the accused being NDPS SPL Case No. 1093 of 1988 in the Court of SPL Judge Shri S.K. Shah at Bombay. A charge under section 8(c) r/w. section 21, section 8(c) r/w. section 5, 28 and 23 of the NDPS Act, 1985 and under section 135(1)(a) r/w. section 135(1)(ii) of the Customs Act, 1962 was framed. It is submitted that the trial was commenced from 21st June, 1993 and about 5 witnesses have been examined by the prosecution. By examining the panch witnesses, the prosecution found that the sample remnant was not produced in the Court and therefore, as remnant could not be shown to the panch witnesses for identity of the same. On enq...
Smt. Villas Shashi Bondre and ors. Vs. Smt. Narmadem Datta Borkar and ...
Court: Mumbai
Decided on: Aug-18-1994
Reported in: 1995(3)BomCR590
E.S. Da Silva, J.1. The challenge in this petition is the judgment of the Administrative Tribunal dated 21st May, 1990 in Mundkar Revision Application No. 27/84 which has affirmed the judgment and order of the Additional Collector of Goa dated 30th June, 1984 in Case No. Mund/AC/APL/61/83.2. By the aforesaid judgment the learned Additional Collector has unsettled the order of the Mamlatdar dated 8th June, 1983 in Case No. MUND/29/74 whereby the application of respondents Nos. 1 to 5 (hereinafter called 'the respondents') to be declared as mundkars of the petitioners was dismissed and the said respondents were declared as not mundkars.3. The brief facts of the case are that in 1973 the petitioner filed a civil suit being No. 98/73 against the respondents for their eviction from a dwelling house allegedly belonging to them and situated at Comba, Margao and recovery of its possession on the ground that the respondents were trespassers.In their written statement the respondents raised the ...
Mohammed Akil Abdul Sattar Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-18-1994
Reported in: 1994(4)BomCR583
M.S. Rane, J. 1. The appellant in this appeal has challenged the order and Judgment dated 9th August, 1990 passed by the Additional Sessions Judge, Greater Bombay, holding the appellant guilty for the offences punishable under section 8(c) read with section 21 of Narcotic Drugs & Psychotropic Substances Act and awarded sentence of ten years R.I. plus fine of Rs. 1,00,000/- and in default further R.I. for one year.2. Few relevant facts in the background of the prosecution case are stated as under :On 6th November, 1986 in the morning at about 2.00 a.m. the police party under Police Inspector Mr. Khan attached to Nagpada Police Station was on patrolling duty. He was accompanied by Head Constable B. No. 12909, Police Naik B.No. 14801 and Ravindra Vishwanath Jadhav Police Constable B. No. 16472 - P.W. No. 3 herein. While so patrolling the said police party came near Mastana tank area at Dimtikar Road Near J.J. Group of Hospital in Central Bombay at about 2.oo a.m. when they noticed one mot...
Reliance Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-17-1994
Reported in: (1995)(75)ECC77
1. Both the appeals, one from the assessee and another from the revenue are against the same Order-in-Original passed by the Collector of Central Excise, Ahmedabad vide Order-in-Original No. 13/Collr/1989, dated 27-9-1989.1.1 In the appeal from M/s. Reliance Industries, the only relief claimed is that no penalty under Rule 173Q is imposable on them and the amount of Rs. 1/- crore imposed as penalty on them is not legally sustainable. Hence the Collector's order to that extent should be modified and the amount of Rs. 1/-crore imposed as penalty be taken towards interest payable on the wrong credit taken in July, 1983 due to bona fide clerical error.1.2 In the appeal from the Revenue, they have found fault with Collector's findings giving M/s. Reliance Industries a clear chit with regard to allegation of fraud, collusion, wilful misstatement etc. and failure to consider the evidences and case laws properly on account of which lower penalty has been imposed, which calls for enhancement.1...
Naresh Marotrao Sakhre and Another Vs. Union of India and Others
Court: Mumbai
Decided on: Aug-17-1994
Reported in: 1996(1)BomCR92; 1995CriLJ96; 1994(2)MhLj1850
R.M. Lodha, J.1. Rule. Heard forthwith.Attempt to suicide, an offence provided under section 309, of the Indian Penal Code, having been effaced from the statute book and declared violative of Article 21, of the Constitution of India by the Apex Court, has led the petitioner to seek a writ of mandamus or any other appropriate writ of mandamus or any other appropriate writ., order or direction for declaration of Section 306 of the Indian Penal Code (for short 'the IPC.') as Un constitutional and ultra vires of Articles 14, and 21, of the Constitution of India. The additional relief sought for in the writ petition is that the proceedings before the Chief Judicial Magistrate, Nagpur, in Crime No. 86 of 1994 be quashed and declared wholly untenable.2. Before we examine the constitutional validity of Section 306, of the IPC the only point urged by the learned counsel for the petitioners, a brief resume of facts may be stated.3. Crime No. 86 of 1994 was registered at Imambada Police Station, ...
Sarojakshan Shankaran Nayar, and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-17-1994
Reported in: 1995(2)BomCR47; (1995)97BOMLR859; 1995CriLJ340; II(1995)DMC146; 1995(2)MhLj113
Vijay Bahuguna, J. 1. The Appellants herein have been convicted by the Additional Sessions Judge, Pune, for offence under Section 498A of the Indian Penal Code. Appellant No. 1 has been awarded R.I. for a period of six months and to pay fine of Rs. 1000/- and in default, to suffer further imprisonment of 15 days. Appellants Nos. 2 and 3, who are father and mother respectively of Appellant No. 1, have been sentenced to suffer S.I. till rising of the Court and pay a fine of Rs. 500/- and in default suffer 10 days R.I. The Appellants were acquitted of the charge under Section 302 IPC against which the State has preferred an appeal. 2. Deceased Rajeshwari was married to the 1st Appellant on 24-8-1977 at Madras and after marriage she was living with her husband and in-laws at Vadgaon-sheri, Pune. She died of extensive burns injuries between 9.30 and 10.00 p.m. on 4-7-1981 at her residence. The Appellants were tried for offence under section 302 r/w. S. 498A of the IPC but the learned Addl. ...
Chandrabai Balu Kapase Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-17-1994
Reported in: 1995(1)BomCR503
Visnu Sahai, J.1. The appellant aggrieved by the order dated 4-8-1992 passed by the 2nd Additional Section Judge, Kolhapur, in Sessions Case No. 151 of 1991 convicting her under section 302 I.P.C. and sentencing her to undergo imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine to further suffer rigorous imprisonment for one month, has come in appeal before us. 2. The prosecution case is that the deceased Bharati Rajendra Kapase was the wife of one Rajendra Kapase, son of the appellant. After marriage, Bharati is said to have been living with her husband and frequently complained of the ill treatmentbeing meted out to her by husband and mother-in-law. It is said that on one pretext or the other the husband of Bharati, appellant and appellant's daughter Suvarna (sister-in-law of Bharati) used to beat her. All this become so intolerable that at one stage Bharati lived separately from the appellant but again started living with her. On the date of the in...
Suresh A. Kerkar Vs. S.V. Nevagi and ors.
Court: Mumbai
Decided on: Aug-17-1994
Reported in: 1995(3)BomCR571
E.S. Da. Silva, J.1. This writ petition challenges the Award of the respondent No.1, the Presiding Officer of the Industrial Tribunal, dated 10-8-1988, in a Reference made by the Government to the Tribunal under section 10(1) of the Industrial Disputes Act, 1947 (hereinafter called 'the Act') which has held that the action of the Management of M/s. Hindustan Ciba-Geigy Limited, the respondent No.2., (hereinafter called 'the respondent') in terminating the services of the petitioner who was working as Watchman for the respondent's Company from 7-2-1984 is just and legal and, therefore, the petitioner is not entitled to any relief.2. It appears that the petitioner was working as a security guard/watchman for the Company since April, 1972 and by letter No. TE-6.5-114 dated 15-9-1983 was charge-sheeted for misconduct under Standing Orders applicable to him.3. The case of the respondent is that the petitioner was involved in a criminal case and stolen property was recovered from him as a re...
Anand Ramkrishna Raikar and ors. Vs. Raghunath V. Keny and anr.
Court: Mumbai
Decided on: Aug-17-1994
Reported in: I(1995)ACC141; 1996ACJ697
G.D. Kamat, J.1. Appellant Anand R. Raikar and his wife Mirabai instituted Claim Petition No. 31 of 1987 under the provisions of the Motor Vehicles Act, 1939, claiming a total compensation of Rs. 5,20,000/- from the respondents. The claim petition had set out that at about 2.30 p.m. on 19.10.1986, their son by name Gurudas, who was aged 21 years and studying in XIIth Standard met with an accident while driving scooter bearing No. GDF 160 along the national highway between Margao and Cortalim being knocked down by a motor vehicle bearing No. GDZ 1647, a taxi owned and driven at the relevant time by respondent No. 1 and insured with respondent No. 2. The victim Gurudas succumbed to his injuries soon after the accident. According to the original claimants, the vehicle bearing No. GDZ 1647, which was proceeding from Cortalim to Margao, was being driven rashly and negligently and that is how it collided with the scooter driven by the deceased Gurudas and based upon which the claim for compe...
C. C. E. Vs. AshwIn Vanaspati Industries Pvt.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-16-1994
Reported in: (1995)LC130Tri(Mum.)bai
1. Reference Application has been moved by the Revenue in respect of the order passed by the Larger Bench vide Order No. 2507/93, dated 2-12-1993. The issue considered by the Larger Bench was whether MODVAT Credit was admissible in respect of tin plates /sheets which were converted into metal containers without aid of power in the Respondents' factory and such containers were utilised in the packing of Vanaspati manufactured by them. Larger Bench decided the issue on merits in favour of the Respondents. The Revenue has raised the following points of law to be referred to the High Court of Gujarat: - "(i) Whether Modvat Credit can be availed in respect of the duty paid on tin sheets/plates used first in the manufacture of tin containers and then used for packing of final product i.e Vanaspati. (ii) Whether metal containers manufactured from tin sheets/plates used for packing Vanaspati can be considered to be "intermediate products" under Rule 57D of the Central Excise Rules, 1944." 2. ...
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