Mumbai Court November 1998 Judgments
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Shri Daniel Vs. State and Another
Court: Mumbai
Decided on: Nov-17-1998
Reported in: 1999(5)BomCR493; 1999BomCR(Cri)493
ORDERR.M.S. Khandeparkar, J.1. This Criminal Revision Application arises from order dated 29th August, 1998, passed in Special Criminal Case No. 1/94 by the District and Sessions Judge, Panaji. By the impugned Order, the learned Sessions Judge while rejecting the application of the petitioner has been pleased to frame the charge against the petitioner under section 3 r/w section 7 of the Essential Commodities Act, 1955 for the alleged violation of the Notification dated 13th November, 1990 issued under the Kerosene (Fixation of Ceiling Prices ) Order, 1970.2. The facts in brief relevant for the decision are that the petitioner along with respondent No. 2 were served with the copy of the charge-sheet in Criminal Case No. 1/94 with the allegation that on 4th February, 1991 at about 19.30 hours at Zuarinagar, the petitioner and respondent No. 2 were selling Kerosene Oil to the public at Rs. 4/- per litre which is in excess of Rs. 2.69 and hence, the petitioner and respondent No. 2 had com...
Ramakant M. Tipnis Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-17-1998
Reported in: 1998(5)BomCR595; 1999(1)MhLj439
ORDER1. Rule. By consent rule heard forthwith.2. Mr. R.M. Tipnis being petitioner, has filed this writ petition under Article 226 of the Constitution of India against State of Maharashtra, and Metropolitan Magistrate, 21st Bandra Court, Mumbai, for the reliefs of :To call the records and proceedings of Case No. 105/MISC of 98 in 21st Bandra Court of Metropolitan Magistrate and the record of Santacruz Police Station and direction being granted to the police to register and investigate the offence as well as writ of Mandamus directing the learned Magistrate to respect the Rule in the Criminal Manual and the High Court circular as to age be respected and complied with.3. The writ petitioner on the specific overt acts of certain programme arranged to be performed by way of Musical performance at the Centaur Hotel, Juhu by Mr. Gulam Ali, a Master from Pakistan visited Bombay, which was a private function when drinks and dinner was sponsored by one Navin Rohtagi of Saphire Entertainment Ltd....
The State of Maharashtra Vs. S.P. Munje
Court: Mumbai
Decided on: Nov-17-1998
Reported in: 1998(5)BomCR845; (1999)1BOMLR125; 1999CriLJ1510; 1999(1)MhLj434
ORDERT.K. Chandrashekhara Das, J.1. This writ petition is filed by Public Prosecutor on behalf of State of Maharashtra, challenging the order passed by Special Judge, Greater Bombayin Special Case No. 21 of 1991 dated 26th August, 1991, whereby the application filed by the Assistant Commissioner of Police, Anti Corruption Bureau, M.S. Bombay and Investigating Officer in A.C.B. C.R. No. 25 of 1990 has been rejected by the Court below.2. The Assistant Commissioner of Police had in that application requested permission of the Court that the sealed packet containing Micro cassette bearing Sr, No. 6121848 of Sony make attached under a formal post trap panchanama in A.C.B. C.R. No. 25 of 1990 be ordered to be taken in the custody of the Court and the Registrar, Special Court, Bombay be directed to keep the said sealed packet containing the Micro cassette in safe-custody. The A.C.P. has stated in the application that during the course of investigation of A.C.B. C.R. No. 25 of 1990 under secti...
Central Bureau of Investigation Vs. Shri I.D. Dubey and Others
Court: Mumbai
Decided on: Nov-16-1998
Reported in: 1999(5)BomCR873; 1999BomCR(Cri)873; 1999(2)MhLj402
ORDERD.G. Deshpande, J. 1. Heard Mr. Satpute, Advocate for the C.B.I. Heard Mr. Bhargawan, Advocate for the respondent No. 1 (Accused No. 1) and A.P.P. for the State. 2. Order passed by IIIrd Court, Esplanade, Mumbai on 30-8-1995 dropping the proceedings against accused No. 1 and discharging him from the prosecution is challenged by the C.B.I. petitioner. 3. The question involved in this case is whether A.C.M.M. was justified in dropping the proceedings and discharging the accused on the ground that prosecution of the accused under the provisions of I.P.C. was not maintainable when the petitioner failed to obtain sanction to prosecute the accused under the Prevention of Corruption Act, 1947. 4. It appears from the record that after 5-6 importance witnesses of the prosecution were examined by the trial Court, accused raised an objection to the effect that proceedings against him were liable to be quashed because if at all the accused was to be prosecuted, then he could have been prosecu...
Ballal @ Balwant Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Nov-16-1998
Reported in: (1999)101BOMLR238
D.G. Deshpande, J.1. Jayaram Vithal Kamble (Respondent No. 2) resident of Khamb, Tal : Roha, Dist : Raigad is present. He states that he wants to compromise the matter and has compromised the matter with the accused-appellant Ballal @ Balwant Purushottam None before the Court and he does not want to proceed further with his complaint to the police. He states that Bhiku Balu Jadhav (respondent No. 3) is dead. However, his son Balu Bhiku Jadhav is admitted in the hospital. Mr. Kamble says that lie had a talk with Balu and the said Balu has agreed to compromise the matter in the same manner with the appellant. Counsel for the Respondent has produced written consent given by the said Balu for compromising and withdrawing his complaint against the accused (the same is taken on record). In view of this, the Judgment of conviction passed by the Special Judge, Raged -Alibi dated 19.6.1993 is set aside. APP for the State states that he has no objection in compromising the matter between the app...
Shri Budhamal Uttamchand Odhekar Vs. Shaikh Shaukat Sulemanbhai Saudag ...
Court: Mumbai
Decided on: Nov-16-1998
Reported in: (1999)101BOMLR204
D.G. Deshpande, J.1. Heard Mr. Bandivadekar, Advocate for the Appellant and Mr. Mirza A.P.P., for the State. This appeal is filed by the original complainant against the Order of acquittal of the accused-Respondent No. 1 (who is served but absent) by JMFC, IIIrd Court, Nasik by Judgment dated 20.5.1995 for offences under Section 138 of the Negotiable Instruments Act.2. Mr. Bandivadekar contended that the learned Trial Court acquitted the accused only on one ground that the cheque was presented by the complainant-appellant after six months and therefore according to the Trial Court, the complaint was time barred. He also contended that the entire evidence of the complainant was on record but since the Magistrate decided the complaint only on the point of limitation, there was nothing to argue regarding appreciation of evidence.3. My attention was drawn by Mr. Bandivadekar to para 11 of the Judgment of the Trial Court, wherein the Trial Court has held the cheque was issued by the accused...
Haryana Sheet Glass Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-14-1998
Reported in: (1999)(110)ELT854Tri(Mum.)bai
1. After hearing the learned Counsel Shri Shridaran for the appellant appeared along with S.G. Vyas, and after hearing Shri S.V. Singh, the learned DR, we grant stay and take up the appetls themselves for disposal as the matter has to be remanded to the adjudicating authority for a consideration of the relevant material, now brought up before the Tribunal, relating to the valuation of the goods i.e. Sheet glass, cleared by the appellants who are EOU to the Domestic Tariff Area (DTA).2. In the identically worded finding in these three cases, the Commissioner of Central Excise, Surat-I has held that the value declared by the appellant for the sheet glass cleared to DTA is under-declared and has demanded the differential duty in these three cases on the basis of the certificate given by the Chartered Accountant of the cost of production of the appellant and by adding to it notional profit of 10%. The appellant as 100% EOU had been granted permission to make clearance of sheet glass to th...
Transman International Pvt. Ltd. Vs. Commissioner of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-14-1998
Reported in: (1999)(113)ELT973Tri(Mum.)bai
1. This application was argued by Shri V.S. Nankani, the ld. Advocate and Shri B.K. Suman appeared for the Revenue.2. The authorities detained stainless steel coils, sheets and circles from a warehouse. These goods were claimed as validly imported by the present applicants. These goods were examined by the Metal Expert of M/s. SAIL who certified them to be of prime quality. The applicants claimed these goods as lawfully imported by them and supplied photo copies of two bills of entry along with relevant invoices and packing list. At the importers request M/s. SGS were permitted to inspect the goods, who certified them to be of second quality. Thereafter the coils were provisionally released to the importers. The authorities on examination of these documents observed that the goods covered under the cited bills of entry were sheets and not circles. It was held that the consignments included circles which were concealed by the sheets.In the belief that the circles were imported without ...
Sandish Combine Pvt. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-14-1998
Reported in: (1999)(105)ELT468Tri(Mum.)bai
1. Since the matter is covered by the precedent Tribunal decision, stay is granted and the appeal is taken up for disposal.2. In this case, the Dy. Commissioner of Central Excise, Pune, had dropped the proceedings against the appellants herein initiated by a show cause notice to deny the Modvat credit of Rs. 1,40,130/- availed of during the period July, 1994 to August, 1994 on the strength of invoice issued by the dealers who are reportedly not registered under the Central Excise Rules. The Dy. Commissioner when dropping the demand noted that the Government has issued Notification No. 64/94-C.E. (N.T.) permitting acceptance of prescribed invoice during the transitional period upto 31-12-1994 even from dealers who are not registered themselves. This order of the Dy. Commissioner was sought to be reviewed by filing an appeal for the purpose before the Commissioner (Appeals) who has passed the impugned order. The Commissioner (Appeals) set aside the Dy. Commissioner's order and allowed t...
Smt. Shilpa Subhash Dhundur Vs. Ratnagiri Nagar Parishad and Others
Court: Mumbai
Decided on: Nov-13-1998
Reported in: 1999(1)ALLMR286; 1999(1)BomCR287; 1999(1)MhLj524
ORDERV.P. Tipnis, J.1. The petitioner is an elected Councillor of Ratnagiri Municipal Council. Admittedly, she was elected on the ticket of Bhartiya Janta Party. One Pramod Manohar Redij the group leader of Bhartiya Janta Party in respect of group of Councillors of the said party in Ratnagiri Municipal Council, made an application in the Collector under section 7 of the Maharashtra Local Authority Member Disqualification Act, stating that the petitioner has incurred disqualification on the ground of defection as per section 3 of the said Act.2. Section 3 provides that a Councillor or a member belonging to any political party or aghadi or front shall be disqualified from being a Councillor pr a member inter alia if he votes or abstains from the voting in any meeting of the Municipal Council contrary to any direction issued by the political party or aghadi or front to which he belonged or by any person or authority authorised by any of them in this behalf without obtaining in either case...
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