Mumbai Court January 1997 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sahdeo Ragho JeThe Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-14-1997
Reported in: 1997BomCR(Cri)385
D.G. Deshpande, J.1. Heard Ms. Pawar for the appellant and Mr. Borulkar, the learned A.P.P. for the State. This is an appeal against the conviction of the appellant under section 304 of the I.P.C. by which the appellant was sentenced to suffer R.I. for three years and pay fine of Rs. 1,000/-, in default R.I. for six months. This was a judgment of Additional Sessions Judge of Sawantwadi dated 30-11-89.2. The learned Counsel for the appellant restricted her arguments on the point of sentence only and prayed that taking into consideration the circumstances of the case the sentence awarded to the appellant should be reduced to the minimum possible.3. According to the prosecution case, the deceased Pundlik borrowed money from the accused for the expenses of marriage of Indu, who was the daughter of Pundlik's brother. Pundlik could not repay loan and the accused was insisting that the Pundlik should sell him certain land in satisfaction of loan amount. But, the Pundlik did not obliged the ac...
Rameshkumar Balkishan Cibal Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jan-14-1997
Reported in: 1998BomCR(Cri)599
ORDERA.V. Savant, J.1. Heard both the learned Counsel.2. Petitioner Rameshkumar Balkishan Cibal is the brother of the detenu Rajkumar Balkishan Cibal. By order dated 1st February, 1996 passed under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1947 (for short COFEPOSA Act) the detenu has been ordered to be detained with a view to preventing him from abetting the smuggling goods, as also concealing and keeping smuggled goods. The offending incident is of 28th June, 1995when the officers of the Directorate of Revenue Intelligence, Zonal Unit, Mumbai intercepted (i) truck No. H.R-38-6942 near Anjurphata on Bhiwandi bypass of Mumbai Nasik Road at 2100 hours and (ii) truck No. M.P-23-D-2307 on Mumbai Nasik Road approximately 69 K.M. off Mumbai at around 2300 hours alongwith certain occupants. Enquiries with the occupants revealed that they were carrying some consignments of smuggled goods and were to contact the detenu for d...
M. Kumaran S/O V. Kunhiraman Vs. Kum. Reshma
Court: Mumbai
Decided on: Jan-14-1997
Reported in: (1997)99BOMLR337
R.G. Vaidyanatha, J.1. This is a plaintiff's appeal against the judgment and decree dated 15th October, 1984 in Suit No. 1849/78 on the file of City Civil Court Bombay. I have heard the learned Counsel for the Appellant. The Respondents and Counsel absent.2. The Appellant filed a suit in the trial court for declaration that the Respondents/defendants are not his children. His case in brief is that he was married to defendants mother Premavalli on 17th May, 1964. After marriage they were residing together for few years. It is alleged that the wife Premavalli had illicit relationship with one Radhakrishnan, who was living in the same house and who is a close relative of the parties. After coming to know of the illicit relationship and adulterous conduct on the part of the wife, the plaintiff filed a petition No. 4805/70 against his wife and obtained a decree for divorce on the ground of adultery dated 14.7.1971. Premavalli then filed a criminal case for maintenance and also a Civil Suit ...
Tukaram Dadu Savat Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-14-1997
Reported in: (1997)99BOMLR681
R.P. Desai, J.1. The Appellant was charged and tried for an offence under Section 302 of the Indian Penal Code in Sessions Case No. 228 of 1982 in the Court of Sessions for Greater Bombay. By his judgment and Order dated 23.2.1984, the learned Additional Sessions Judge, Greater Bombay convicted the Appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life. It is the said Judgment and Order of conviction and sentence which is under challenge in the present Appeal.2. Briefly stated, the prosecution story runs as under:The deceased Smt. Kusumbai Tukaram Sawant and the accused were married in the year 1971. The couple had three children viz : Ajit, Vasanti and Sunil. According to the prosecution, the accused suspected the fidelity of the deceased. There used to be frequent quarrels between the two of them. On the day of incident i.e. on 12.10.1981 the accused returned home at about 4.00 p.m.. He. went to attend a funeral. He returned at about 7 p.m. and...
Asian Paints Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1997
Reported in: (1997)(93)ELT198Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. 3/Demand/96, dated 22-1-1996 passed by the Commissioner of Central Excise, Vadodara disallowing Modvat credit of Rs. 2,04,324.14 under Rule 57-I of the Central Excise Rules.2. The appellants are manufacturing Paints, Varnishes, Thinner and Pre-treatment Chemicals. They have manufacturing units in various States in India. All the four manufacturing units are integrated paint manufacturing units with in house facilities to produce various synthetic resins such as Alkyds, maleics, phenolics, acrylic emulsions and other resins which are used captively as media in the manufacture of the finished excisable goods viz. paints and varnishes. The Appellants were availing Modvat credit on various inputs used in the manufacture of their final product namely paints and varnishes. They use such inputs which include pentaerythritol, phthalic anhydride, VEN oils, in their manufacture of final products but through an intermediate resin stage. It i...
Pawan Enterprises Vs. Commissioner of Customs (Prev.)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-13-1997
Reported in: (1997)(93)ELT97Tri(Mum.)bai
1. This is an Appeal against the captioned order passed by the Commissioner of Customs (Prev.) Bombay in which he ordered absolute confiscation of 1243 packages of primary nickel strips totally weighing 10,026 kgs. valued at Rs. 35.09 lacs under Section 111(d) of the Customs Act, 1962 and also levied a penalty of Rs. 5.00 lacs on the appellant.2. Officers of Marine & Preventive Wing of the Customs (Prev.) Com- missionerate, Mumbai searched the godown premises of the M/s. Pawan Enterprises situated at Bhiwandi, but nothing incriminating was recovered from the premises. From another godown, according to information given by Shri Anil Mishra, Supervisor of the godown, the following goods were detained from the godown : (ii) 1,094 pieces of Antimony Ingots weighing approximately 25.162 kgs.On 23-3-1995, 144 bags of Nickel Sheets were seized on the ground that the Nickel Sheets were of foreign origin, under a Panchanama. The Other two items were released. On 24-5-1995 a Show Cause Noti...
Sharvan Dashrath Datrange Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-13-1997
Reported in: 1997BomCR(Cri)813; 1998CriLJ1196
Vishnu Sahai, J.1. The appellant aggrieved by the judgment and Order dated 12-12-1983, passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No. 389 of 1982, convicting and sentencing him to undergo a separate sentence of seven years R.I. under both Ss. 392, r/w. 397, r/w 34, IPC and 394, IPC, Sentences to run concurrently has come up in appeal before us. 2. Briefly stated the prosecution case runs as under :- The informant Sakharam Shankar Lokhande (P.W. 1) at the time of the incident was serving in Bharat Petroleum as a Watchman. On 16-4-1982, he had been assigned duty at Wadibunder from 4 p.m. to midnight. After finishing his duty at about 12-15 a.m. when he had reached the footway between Wadibunder and Dockyard Railway Station, the appellant, co-accused Ashok Tukaram Salve and Abdul Salam Yusuf Jaitapkar met him. Ashok Tukaram Salve and appellant caught hold of him. The informant pushed them and started running. He fell with his right cheek on the ground. Ashok ...
Commissioner of C. Ex. Vs. New Jack Printing Works Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-10-1997
Reported in: (1997)(93)ELT78Tri(Mum.)bai
1. The above appeal and the Cross Objection have been filed by the Department and the Respondents assessee respectively against the captioned order passed by the Commissioner of Central Excise, Bombay, holding that the paper on which the caption Cadbury's Dairy Milk is printed is classifiable under Tariff sub-heading 4818.12 or 4818.13 of the Central Excise Tariff Act, depending upon the constitution.2. It is the case of the Department that the product comes within Tariff Heading 4818.90 and not under sub-heading 4818.12 or 4818.13 as held by the Commissioner (Appeals). It is the case of assessee respondent that the product in question should be classified under sub-heading 4901.90 as according to them, it does not come under sub-heading 4818.12 or 4818.13 as was held by the Commissioner (Appeals).3. The facts of the case are as follows : The assessee respondent are the manufactures of various types of articles of paper namely labels, dairies, folders, wrappers, covers etc. A classifi...
Columbia Leasing and Finance Ltd. Vs. Commissioner of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-10-1997
Reported in: (1997)LC487Tri(Mum.)bai
1. Appellant imported a consignment of defective steel coils and claimed clearance under the provision of Open General Licence (OGL).This was denied on the ground that the appellant was not an Actual User (Industrial) as defined in the Policy. Hence this appeal.2. Advocate for the appellant contends that appellant was in possession of Capital Industrial Certificate, issued by appropriate authority.This certificate indicated the work to be done in the appellant's factory as "slitting, trimming, rewinding and welding of colour coated/uncoated master/strips/sheets". He further contends that these operations required registration under the Industrial Development and Regulation Act, 1951 and cited certificate issued by the Manager, District industries Centre, Dhar, M.P. He contends therefore that the appellant was entitled to clear the goods under OGL.3. The Departmental Representative adopts the reasoning of the Additional Collector.4. The Additional Collector had held that the appellant ...
Shankar Malharrao Deshmukh Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-10-1997
Reported in: 1997(2)MhLj163
ORDER1. In these four criminal applications, the question involved is identical. They arise out of a common order made on 4-12-1996 by the learned Judicial Magistrate, F. C. Ambad, in Criminal Cases Nos. 23 to 26 of 1994, transferring these cases to the Court of Chief Judicial Magistrate, Jalna. They are, therefore, being disposed of by the common judgment. 2. The petitioners are the accused persons in the criminal cases and they are the employees of District Central Co-operative Bank Limited. Jalna. A complaint is filed against them on the ground that they, while working in the District Central Co-operative Bank Limited, Branch at Teerthpuri, mis-appropriated the amount exceeding Rs. 1,00,000/-. A crime, therefore, came to be registered for commission of offences punishable under Sections 420, 409, 467, 468, 471 read with 34 of the Indian Penal Code. 3. Charge-sheet came to be filed before the Court of learned Judicial Magistrate F.C. Ambad. The learned Judicial Magistrate by his impu...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 9
- 10
- 11
- 12
- Next ›
- Last »