Mumbai Court October 1997 Judgments
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Satyanarayan and Others Vs. the Chief Enforcement Officer, Enforcement ...
Court: Mumbai
Decided on: Oct-10-1997
Reported in: 1998CriLJ1535
L. Manoharan, J. 1. The petitioners seek for the issuance of a direction to the respondents to permit them to be accompanied by a lawyer whenever they are summoned for interrogation; to allow petitioner No. 1 to represent the other members of his family; permit an advocate of their choice to remain present during investigation, interrogation or examination and direct the respondents to interrogate the petitioners only during office hours, that too after giving them reasonable notice of at lest 48 hours. The petitioners alleged that one Shri Vinod Goel, a non-resident Indian, made gifts of amounts mentioned in para 4 of the petition in their favour and they learnt that Directorate of Enforcement has started enquiry into the said payments made by Shri Vinod Goel to other persons. Therefore, the petitioners reasonably apprehend that similar proceedings would be initiated against them. 2. Pending this petition, the petitioners moved for interim direction and this Court on 11-2-1997 passed ...
Ashruba Gena Gite and Another Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-10-1997
Reported in: 1998(5)BomCR233
ORDERA.D. Mane, J.1. This appeal is directed against the judgment and order dated 20-1-1994 in a case of dowry death. The first appellant is the husband of deceased Indubai. The second appellant is the mother of the appellant No. 1. They were tried for offence punishable under sections 498-A and 304-B of the Indian Penal Code. The trial Court convicted both the appellants and sentenced each of them to undergo R.I. for two years under section 498-A of the I.P.C. and further R.I. for seven years under section 304-B of the I.P.C.2. In order to appreciate the complicity of the accused in respect of the crime in question, it is necessary to consider few relevant facts, which have resulted in prosecution of the appellants for the offences charged. The marriage between appellant No. 1 and deceased Indubai took place on 4-3-1991. P.W. 3 Hanuman, who is a brother of deceased Indubai spent Rs. 10,000/- as a dowry in the marriage. Soon after the marriage, deceased Indubai went to her matrimonial ...
Zahoor Ahmed Peshimam and Another Vs. the Union of India and Others
Court: Mumbai
Decided on: Oct-10-1997
Reported in: 1998(5)BomCR620
ORDERA.V. Savant, J.1. By consent of all the learned Counsel, these two petitions were taken up for hearing and final disposal together. Since the facts are common and identical contentions have been raised before us, we find it convenient to dispose of both the petitions by this common Judgment and Order.2. Writ Petition No. 1212 of 1996 is filed by Zahoor Ahmed Peshimam, father of the detenu, Sajid Ahmed Peshimam. He was an employee of Al Samit International Travels & Tours Pvt. Ltd. (for short 'Al Samit I T & T'). Writ Petition No. 1385 of 1996, is filed by Smt. Hussaina Kasim Dhorajiwala, wife of the detenu, Kasim Dhorajiwala. He is a partner of the firm Travel Fuel Exchange Bureau, (for short T.F.E.B.) which is a full fledged money changer firm, licensed under the provisions of section 73 of the Foreign Exchange Regulation Act, 1973, (F.E.R.A.). In respect of both the detenus, separate orders have been issued on 3rd September, 1996, by the detaining authority Shri K.L. Verma, Join...
Satyanarayan and Another Vs. the Chief Enforcement Officer, Enforcemen ...
Court: Mumbai
Decided on: Oct-10-1997
Reported in: 1998(5)BomCR658
ORDERL. Manoharan, J. 1. The petitioners seek for the issuance of a direction to the respondents to permit them to be accompanied by a lawyer whenever they are summoned for interrogation; to allow petitioner No. 1 to represent the other members of his family; permit an advocate of their choice to remain present during investigation, interrogation or examination and direct the respondents to interrogate the petitioners only during office hours, that too after giving them reasonable notice of at least 48 hours. The petitioners alleged that one Shri Vinod Goel, a non-resident Indian, made gifts of amounts mentioned in para 4 of the petition in their favour and they learnt that Directorate of Enforcement has started enquiry into the said payments made by Shri Vinod Goel to other persons. Therefore, the petitioners reasonably apprehend that similar proceedings would be initiated against them.2. Pending this petition, the petitioners moved for interim direction and this Court on 11-2-1997 pa...
Commissioner of C. Ex. Vs. Bombay Dyeing and Mfg. Co. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-09-1997
Reported in: (1998)(97)ELT101Tri(Mum.)bai
1. The respondent received consignments of viscose staple fibre from M/s. Grasim Industries Ltd. The manufacturer mentioned in the invoice, the gross weight and net weight of the fibre. Duty had been paid on the gross weight. It appears from the material before us, that the necessity to refers to a net weight arose because, the fibre is hygroscopic in nature and lost in weight due to loss of moisture, during storage after manufacture or in transit. The respondents took Modvat credit of the entire duty paid calculated on the gross weight.This was objected to by the department on the ground credit must be taken is on the net weight. Proceedings were initiated to recover this credit. In the order that followed, the Assistant Commissioner confirmed the demand for the credit taken on the quantity in excess of net weight. The assessee appealed from this order. Commissioner (Appeals) allowed the appeal, relying on the decision of the Tribunal in P.K.P.N. Spinning Mills v. Collector of Centra...
Municipal Council and Another Vs. Mrs. Jaiwantabai W/O Wanvas Meshram ...
Court: Mumbai
Decided on: Oct-09-1997
Reported in: 1998(4)ALLMR190; 1999(1)BomCR826; [1999(81)FLR756]; 1998(3)MhLj765
ORDERF.I. Rebello, J.1. From these petitions, facts and orders in Writ Petitions No. 2474/95; 2724/95 ; 2486/95; 466/96 and 2975/95 are being considered for disposal of these petitions. Though the petitions of 1995, were not placed for hearing, as there was an order of hearing the petitions together, with the consent of the Advocates, the same are being disposed of. The employer is the same i.e. the petitioner herein. The complaints have been filed by the employees engaged by the petitioner on daily wages. The complaints have been filed under section 28 read with Items (5), (6) and (9) of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (for short, the 'Unfair Labour Practices Act'). The complainants before the Industrial Court prayed that the petitioners herein be held to have committed an unfair labour practice and further have prayed that the Industrial Court be pleased to issue directions to desist the petitioner from comm...
Mirza Nazir Baig Vs. Education Officer and Others
Court: Mumbai
Decided on: Oct-09-1997
Reported in: 1998(3)ALLMR80; (1998)ILLJ46Bom
B.H. Marlapalle, J. 1. Both the petitions are connected and the result of Writ Petition No. 2025 of 1991 solely depended on the decision in Writ Petition No. 1569 of 1984. Both the petitions being between the same parties, are required to be decided by a common judgment. 2. The Petitioner has passed his B. Com. Examination in 1961 and came to be appointed as a High School Teacher with effect from July 23, 1962 on a pay-scale of Rs. 100 + Dearness Allowance and he was taking commerce classes for the High school students in the Higher Secondary School run by Respondent No. 2, Municipal Council, whereas the Intervener Shri Parate was an under graduate (B.Sc. fail) when he came to be appointed as a Middle school Teacher with effect from July 2, 1962 by Respondent No. 2 in the pay-scale of Rs. 65 + Dearness Allowance. He passed his B. Sc. Examination sometime in the year 1963. In terms of Rule 7 of the M.P. School Code, both of them are deemed to be confirmed on completion of two years serv...
Mirza Nazir S/O Mirza Raheem Baig Vs. Education Officer, Z.P., Bhandar ...
Court: Mumbai
Decided on: Oct-09-1997
Reported in: 1998(4)BomCR544
ORDERB.H. Marlapalle, J.1. Both the petitions are connected and the result of Writ Petition No. 2025 of 1991 is solely depended on the decision in Writ Petition No. 1569 of 1984. Both the petitions being between the same parties, are required to be decided by a common judgment.2. The petitioner has passed his B.Com. Examination in 1961 and came to be appointed as a High School Teacher with effect from 23-7-1962 on a pay-scale of Rs. 100 + Dearness Allowances and he was taking Commerce classes for the High School students in the Higher Secondary School run by respondent No. 2, Municipal Council, whereas the Intervener Shri Parate was an under graduate (B.Sc. fail) when he came to be appointed as a Middle School Teacher with effect from 2-7-1962 by respondent No. 2 in the pay-scale of Rs. 65 + Dearness Allowances. He passed his B.Sc. Examination sometimes in the year 1963. In terms of Rule 7 of the M.P. School Code, both of them are deemed to be confirmed on completion of two years servi...
Shaikh Ayub S/O. Gulam Rasul Vs. the State of Maharashtra
Court: Mumbai
Decided on: Oct-09-1997
Reported in: 1998(5)BomCR213; (1998)2BOMLR388
ORDERA.D. Mane, J.1. The appeal is directed against the conviction of the appellant original accused for offence under section 302 of the Indian Penal Code and sentence of death. The confirmation case arises out of a reference made by the learned Additional Sessions Judge, Aurangabad, under section 366 of the Code of Criminal Procedure. Both the appeal and the confirmation are, therefore, disposed of by this common judgment.2. The appellant was tried for the charge of commission of murder of his wife Taslimbi aged 35 years and five children namely; Sons (1) Shaikh Nihai aged 9 years, (2) Shaikh Mukhtyar, aged 7 years, (3) Shaikh Javed aged 2 years, and daughters (4) Shambi aged 5 years and (5) Mushira aged 3 years, inside the house situated in village Ghatshendra in Taluka Kannad of District Aurangabad in the night intervening between 5th and 6th February, 1995 at about 1.30 a.m.3. In order to appreciate the circumstances which have resulted in prosecution of the appellant-original acc...
Dr. (Mrs.) Shashikala Parashar Vs. State of Goa and Another
Court: Mumbai
Decided on: Oct-08-1997
Reported in: 1998(2)ALLMR393; 1998(2)BomCR427
ORDERR.M.S. Khandeparkar, J.1. By the present petition, the petitioner is challenging the order dated 10th October 1990 passed by the respondents retiring the petitioner with effect from 1st October 1990. The petitioner was working as an Associate Professor of Medicine in the Goa Medical College until the impugned order was served on her. While in service, the petitioner on account of personal reasons addressed a letter to the Government of Goa expressing her desire to retire from services with effect from 1st October 1990. However, on account of sudden development in the family circumstances, the petitioner wrote another letter dated 11th August 1990 requesting the Government to keep in abeyance her request for voluntary retirement. Being under the bona fide belief that her request for voluntary retirement having been kept in abeyance pursuant to her request, she continued to discharge her functions as Associate Professor of Medicine and even discharged the additional duties assigned ...