Mumbai Court September 1995 Judgments
Shri Shiv Kumar Ashok Mishra Vs. Special Judge of N.D.P.S. Court, Mapu ...
Court: Mumbai
Decided on: Sep-29-1995
Reported in: 1997BomCR(Cri)865; 1996CriLJ1454
1. The accused in Special Criminal Case No. 17 of 1993 on the file of Narcotic Drugs and Psychotropic Substances Court, Mapusa, is the appellant herein. He was convicted under Section 20(b)(i) of the N. D. P. S. Act and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 20,000/- and in default to undergo further rigorous imprisonment for a period of 4 months. 2. According to the prosecution on 27th August 1993 on receipt of previous information that a person carrying a suitcase will be arriving at Collem Railway Station with a consignment of narcotic drugs, P.I. Alex Peraira along with the other staff members of the Anti-Narcotic Cell accompanied by the A.S.P. Shri Goutem and two panch witnesses proceeded to the Railway Station at Collem at about 8.15 p.m. While they were keeping watch on the passengers leaving the Collem Railway Station, they spotted the accused carrying a light-blue suit-case as he was suspected of being in possession of narco...
Tag this Judgment!R.P. Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-28-1995
Reported in: (1995)LC400Tri(Mum.)bai
1. As all the appeals are directed against the order-in-original No.126/Collr/89, dated 26-9-1989 of the Collector of Customs (P), Ahmedabad, ordering confiscation vide Section 111(d) and 111(o) of the Customs Act, 1962, of 10 Draw Texturising Machines, with option given to the parties from whom they were seized, to pay fine of the amounts specified in the said order in lieu of confiscation and also imposing personal penalties as specified, on the appellants here, vide Section 112(a) and (b) of the Act, all the appeals are heard together and are being disposed of by this common order.2. Consequent to seizure of some imported textile machinery from the premises of M/s. R.P. Industries (C/545/89), a Registered SSI unit, a proprietary concern of Mrs. R.P. Mehta where her husband Mr. R.P. Mehta (C/568/89) was working as the Manager, investigations were initiated by the Preventive Collectorate of Customs at Ahmedabad. The same resulted in recovery of 10 Draw Texturising Machines believed t...
Tag this Judgment!Sbi Capital Markets Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-28-1995
Reported in: (1996)57ITD72(Mum.)
1. In this appeal the assessee has objected to sustenance of part of penalty imposed for delay in making payment of tax deducted at source, to the Government Treasury.2. Brief facts of the case are that the assessee is a subsidiary of State Bank of India. The Assessing Officer had imposed a penalty of Rs. 7,24,381 on the assessee on account of delay in depositing into the Government Account the tax within the stipulated time, which the assessee had deducted at source. It was explained by the learned Counsel for the assessee that there were 349 payees from whom the assessee had deducted lax at source involving an amount of Rs. 3,58,00,000 out of which only six cases were such where tax deducted at source was not deposited in time into the Government Treasury. He referred to the facts, reproduced in the order of the Assessing Officer which indicate that in 5 out of the 6 cases the TDS amounts ranged from Rs. 2,300 to Rs. 37,416 and in four of those cases the due date was 7-11-1991 but t...
Tag this Judgment!India United Mills and ors. Vs. Parshuram Ramchandra Dhanawade and ors ...
Court: Mumbai
Decided on: Sep-28-1995
Reported in: (1996)ILLJ806Bom
Agrawal, J. 1. Rule. By consent rule is made returnable forthwith. Heard parties. 2. Petitioners, in its written statement have averred as under : 'If this Honourable Court comes to the conclusion that the enquiry held and the findings given are fair and proper, then the matter will proceed on the remaining issues. If, however, this Honourable Court is pleased to hold otherwise, the respondents (Petitioners herein) crave leave to lead evidence before this Honourable Court to prove the charges of misconduct alleged against the complainant (first respondent herein) by leading evidence on merits and to justify the order of dismissal.' 3. In the instant case the Labour Court as also the industrial Court has found that the enquiry conducted by the petitioners against first respondent was not fair and proper and the same was concluded in haste. In our Judgment, the finding that the enquiry has been concluded in haste and that the same has not been a fair and proper, is a concurrent finding a...
Tag this Judgment!Sbi Capital Markets Ltd. Vs. Deputy Commissioner of Income Tax.
Court: Mumbai
Decided on: Sep-28-1995
Reported in: (1996)56TTJ(Mumbai)297
ORDERJ. K. VERMA, A. M. :In this appeal the assessee has objected to sustenance of part of penalty imposed for delay in making payment of tax deducted at source, to the Government Treasury.2. Brief facts of the case are that the assessee is a subsidiary of SBI. The AO had imposed a penalty of Rs. 7,24,381 on the assessee on account of delay in depositing into the Government Account the tax within the stipulated time, which the assessee had deducted at source. It was explained by the learned counsel for the assessee that there were 349 payees from whom the assessee had deducted tax at source involving an amount of Rs. 3,58,00,000 out of which only six cases were such where tax deducted at source was not deposited in time into the Government Treasury. He referred to the facts, reproduced in the order of the AO which indicate that in 5 out of the 6 cases the TDS amounts ranged from Rs. 2,300 to Rs. 37,416 and in four of those cases the due date was 7th Nov., 1991 but the amounts were depo...
Tag this Judgment!Deoji Ambu Patil Vs. the State of Maharashtra and ors.
Court: Mumbai
Decided on: Sep-27-1995
Reported in: 1996(1)BomCR331
A.D. Mane, J.1. This petition is filed for quashing the first information report lodged by the respondent No. 4 against the petitioner inter alia alleging that the petitioner is liable to be punished for offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the Act). In the first information report it was stated that on 28-3-1995 at about 9.30 p.m. the respondent No. 4 alongwith his friends went to the hotel owned by the petitioner for meals. At that time the manager of the hotel, one Shri Nagpure was present. The petitioner was also present. The respondent No. 4 wanted to have food in the hotel of the petitioner but the petitioner is said to have told the respondent No. 4 that the hotel is closed and that he would not give food to 'Mahar'. The respondent No. 4, therefore, filed his complaint to the police alleging that he was intentionally insulted or intimidated by the petitioner to humiliate him and as such he...
Tag this Judgment!H.L. Roche and Others Vs. Citizen Co-operative Bank Ltd. and Others
Court: Mumbai
Decided on: Sep-26-1995
Reported in: AIR1996Bom126; 1996(2)BomCR411; (1995)97BOMLR546; 1996(1)MhLj258
ORDER1. Whether the Board of Directors of the respondent No. 1 Bank is properly constituted in accordance with the provisions of the Maharashtra Co-operative Societies Act, 1960 and the rules framed thereunder and the bye-laws of the respondent No. 1 Bank is the question, which falls for my consideration in the present petition under Arts. 226 and 227 of the Constitution. 2. Briefly, the facts leading to this petition are as follows:The respondent No. 1 Bank is a notified Society within the meaning of Section 73IC of the Maharashtra Co-operative Societies Act, 1960 ('Act', for short). Its elections are required to be held by the Registrar of Co-operative Societies in accordance with Chapter VA of the Maharashtra Co-operative Societies Rules, 1961 ('Rules' for short), which consists of Rule 56A to Rule 56A-35. The Registrar has appointed Additional Registrar, Co-operative Societies, as Chief Election Officer under Rule 56A(1) of the Rules. The Additional Registrar declared elections for...
Tag this Judgment!Eknath Kaluba Mokashe Vs. the State of Maharashtra
Court: Mumbai
Decided on: Sep-26-1995
Reported in: 1996(1)BomCR324; (1996)98BOMLR40
A.D. Mane, J.1. There involves a substantial question of law as to whether the conviction and sentence recorded against the appellant for offence punishable under sections 3 read with 7 of the Essential Commodities Act is sustainable in law.2. The grave man of the charge levelled against the appellant and one Sukhadeo (Original accused No. 1) was that the appellant was found selling kerosene at highter rate than permitted by the Government and thereby committed offence under section 3 read with section 7 of the Essential Commodities Act for contravening Clause 3 of Maharashtra Kerosene (Dealer's Licensing) Order, 1966 (for short, hereinafter, referred to as 'the Order of 1966) as well as Kerosene (Fixation of Ceiling Prices) Order, 1970 (For short, 'the order of 1970). The original accused No. 1-Sukhadeo was charged for having purchased 20 litres of kerosene oil at higher rate than fixed under the aforesaid Orders of 1966 and 1970.3. On behalf of the prosecution, four witnesses were ex...
Tag this Judgment!Abbas Bhikan Pathan Vs. the State of Maharashtra and anr.
Court: Mumbai
Decided on: Sep-26-1995
Reported in: 1996(1)BomCR326; (1995)97BOMLR444
S.G. Mutalik, J.1. The original complainant Abbas Bhikan Pathan (P.W. 1) and also the brother of the deceased Issak Bhikan Pathan has preferred the present Criminal Revision Application against the judgment and order passed by Additional Sessions Judge, Ahmednagar, in Sessions Case No. 154 of 1989, acquitting the accused - respondent No. 2 of the charges under section 302 read with 34 of the I.P.C. on 5-7-1990.2. The respondent No. 2 Akbar Husein Shaikh and the absconding accused Shafik Husein Shaikh and Dadamiya are brothers inter se. The complainant Abbas (P.W. 1) has two brothers by name Shabbir and Issak (the deceased). The sister of the complainant Jaitunbee is married to Dadabhai. It is alleged by the complainant that on 25-5-1989, he and his brother deceased Issak had gone to Bazar and they were returning by about 5.00 p.m. by Kazibaba Road at Shrirampur, Dist. Ahmednagar. As soon as they came in front of the shop of one Rafiq on Kazibaba Road, the respondent No. 2 and the absco...
Tag this Judgment!Safex Fire Services Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-25-1995
Reported in: (1995)LC576Tri(Mum.)bai
1. Though this day, only stay application was listed for hearing, after hearing both the sides, since the matter calls for a remand, the appeal itself was taken up for disposal granting waiver of pre-deposit of duty and penalty amounts.2. The appeal is against the Order-in-Appeal No. NK (962) 327/95, dated 7-7-1995 of the Collector of Central Excise (Appeals), Bombay.3. The appellants were engaged in the manufacture of fire extinguishers. They were fully exempted upto the end of February 1994.However, consequent on Budgetary changes of 1994 Budget, they became dutiable effective from 1-3-1994. They were availing Small Scale Exemption upto the end of March 1994. Thereafter, they started paying duty. They filed a declaration for availing Modvat credit on 6-4-1994.They were reported to be having stock of inputs lying with them on 1-4-1994, in respect of which they took Modvat credit on [1-4-1994] and 5-4-1994 and utilised the same on 14-4-1994. They filed a declaration under Rule 57H on ...
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