Mumbai Court November 1998 Judgments
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Farooq KhairuddIn Shaikh Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-23-1998
Reported in: (1999)101BOMLR130
D.G. Deshapnde, J.1. Heard Mr. Sangani, advocate for the appellant/accused and APP for the State. This appeal is filed by the accused against his conviction under Sections 452 and 392 of the Indian Penal Code by which he is sentenced to suffer R.I. for three and half years and fine of Rs. 500/- and in default R. I for one month, and to suffer R.I. for five years and fine of Rs. 500/-in default, R.I. for one month respectively.2. The prosecution case in short was that complainant Jawahar Keshavlal Bhatt was carrying on his chemical business on 2nd floor, Falkland Road, Near Ghadge-Patil Roadways, Dongri, Mumbai. Since he was carrying on some repair works, he had engaged services of Pali Construction Co. On 22.5.1989 at about 17 hours he took one Shri Mahesh Dhirajlal Mistry of Pali Construction Co. to his godown at Dongri. At that time, the accused came to their office representing himself as Salim Bhai of that area and asked the complainant to pay him Rs. 500/- and threatened to assaul...
Munawar Ali A. Mukadam Vs. Commissioner of C. Ex. and Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-20-1998
Reported in: (1999)(106)ELT81Tri(Mum.)bai
1. The appellant is the owner of a fishing trawler Jal Pari. The appellant had leased out this trawler in April, 1990 to Issaq Kassam, who is shown in the hire agreement as a resident of Okha Beyt in Gujarat. This trawler was found sunk and abandoned in the Tivrem river in south Goa by the Customs Department in May, 1991. At about the same time the department found that a van carrying 96 silver ingots had been captured by the villagers of Savoi Verem in Ponda district, Goa. Some more silver ingots were also recovered in and around the village. The department's investigation led to conclude that this silver had been smuggled into India on Jal Pari, and landed somewhere near Marcel and that Jal Pari was sank and was abandoned. The department found Syed Nawaz to be the principal perpetrator of the offence and that the transport of the goods from the landing place to the ultimate destination has been arranged by Yusuf. It found that Issaq Kassam, who had hired the truck had used the craft...
Madhav Karmarkar Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Nov-20-1998
Reported in: 1999(1)BomCR379
ORDERM.B. Shah, C.J.1. Heard the learned Counsel for the parties extensively. 2. In our detailed Order dated 7th March, 1998 with regard to an unfortunate and painful situation which has arisen regarding administration of justice in Co-operative Courts and appointment of Judges of Co-operative Courts and Co-operative Appellate Courts in the State of Maharashtra, wehave directed the State of Maharashtra to take appropriate steps for appointment, posting, promotion, transfer, continuation or extension of Co-operative Court Judges so that the situation of lobbying the Executive and currying favour with the Government would not arise. The said order was required to be passed, because, despite the directions issued by this Court in the cases of (Maharashtra Co-operative Courts Bar Association, Bombay, & others v. State of Maharashtra & others, : 1990(3)BomCR437 , the State Government has not taken any steps in accordance with the said directions. Hence, following directions were issued:-'(a...
Shri Paulo Godinho Vs. Shri Hari Jaivant Sinai Bhangui
Court: Mumbai
Decided on: Nov-20-1998
Reported in: 1999(2)ALLMR541; 2000(1)BomCR440
ORDERR.M.S. KHANDEPARKAR, J.1. This is an appeal against the judgment dated 21st March 1998 complaining that the courts below have wrongly construed the Agreement dated 1st May 1973 to be a licence when in fact upon application of legal principles it ought to have been construed as lease. It is further contended by the appellant that the legal effect of the agreement is to create a document of lease, notwithstanding its description as leave and licence and, therefore, the conclusions arrived at by the impugned judgments are based on misreading of the Agreement dated 1st May 1973 and by non-application of the correct principles of law. In support of these contentions Shri Mahesh S. Sonak, learned advocate appearing for the appellant sought to rely upon the judgment of the Apex Court in the matter of Bhusawal Borough Municipality v. Amalgamated Electricity Co. Ltd., Bhusawal and another, reported in : [1964]5SCR905 , in the matter of Capt. B.V.D' Souza v. Antonio Fausto Fernandas, report...
Dr. Mrs. Mrudla Suresh Deshpande Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-20-1998
Reported in: (2001)3BOMLR205
ORDERD.G. Deshpande, J.1. The petitioner is a qualified medical practitioner, who is facing prosecution before the Sessions Judge. Pune, for offences under Section 304 of the I.P.C. She filed an application before the Sessions Judge, Pune on 5.12.1994 for her discharge from offence under Section 304 Part (1) or Part (II) of the I.P.C. and prayed that the case be sent to the J.M.F.C., Pune, for trial under section 304(A) of the I.P.C. This application of the petitioner-accused was rejected by the Additional Sessions Judge and hence, this Revision.2. Counsel for the petitioner produced the copy of the entire charge-sheet that was filed against the petitioner. Charge-sheet shows that one patient by name Gulab Bansidhar Panda of Pune was admitted in the hospital for removing stones-gall bladder disease. However, before performing the operation the present accused-petitioner administered anaesthesia to the patient and it appears from the charge-sheet that excess anaesthesia was administered...
Kondappa Sadashiv Kore and Others Vs. the State of Maharashtra and Oth ...
Court: Mumbai
Decided on: Nov-20-1998
Reported in: 1999(4)BomCR173
ORDERR.J. Kochar, J.1. Heard the learned Advocates at length.2. Rule, returnable forthwith and heard finally by consent of the learned Advocates. The petitioners have sought a relief of direction to the respondent No. 3 Returning Officer who was appointed to hold the Society-respondent No. 4's election, that he should consider the objections raised by the petitioners and modify the list of voters, finalised by the respondent No. 3 for the ensuing elections to be held on 6th December, 1998.3. The petitioners have averred that they are the members and valid voters of the society. On 19-5-97 the society had appointed the respondent No. 3 as the Returning Officer to hold the elections. According to the election programme, he published a provisional list of the voters on 17-10-1998 and invited objections to the provisional voters list. The petitioners have further averred that after perusing the provisional voters list, they had submitted their objections to the said list pointing out sever...
MartIn Santana Vaz and Ors. Vs. Sebastiao D'Costa and Ors.
Court: Mumbai
Decided on: Nov-20-1998
Reported in: 2001ACJ1139; 1999(2)ALLMR537
R.M.S. Khandeparkar, J. 1. This appeal arises from the order dated 14.10.1996 passed in Misc. Claim Petition No. 18 of 1994 by the Presiding Officer of Motor Accidents Claims Tribunal, Margao. By the impugned order, the Tribunal has rejected the application for compensation filed under Section 140 of the Motor Vehicles Act, 1988 hereinafter called as 'the said Act'.2. It is the case of the appellants that on 13.9.1988, at about 5.45 a.m., one Bartho-lomeu Vaz, the husband of appellant No.1 and the father of appellant Nos. 2 to 4 was hit by a mail van bearing No. GA-01-G-7516 while being driven at a fast speed due to which the said Bartholomeu Vaz suffered severe head injuries as a result of which he expired at the Goa Medical College, Bambolim, on the very day at 10.45 a.m.3. Along with the main application for compensation, the appellants have filed the present application under Section 140 of the said Act claiming interim compensation of Rs. 25,000. Since the claim of the appellants ...
Ekos Joseph Vargis Vs. State of Maharashtra
Court: Mumbai
Decided on: Nov-20-1998
Reported in: 1999CriLJ1430
Vishnu Sahai, J.1. Through this appeal the appellant challenges the judgment and order dated 16-8-1988 passed by the IIIrd Additional Sessions Judge, Nashik, in Sessions Case No. 22/ 1988, convicting and sentencing him to undergo 10 years R.I. for an offence punishable under Section 307, I.P.C.2. Is short the prosecution case runs as under: The informant - victim Narpatsingh Rathod PW-1 at the time of the incident was serving as Havaldar in Artillery centre in 9/3 ADM. at Nashik. He was attached to M.T. section. The appellant was in charge of the said section. On 18-12-1998 at about 8.30 p.m. the victim and the appellant were in Wing No. 1 of building No. P/ 124 of M.T. Line No. 9, of Artillery Centre at Nasik Road. At that time the appellant was talking with Ved Prakash and Brij Kishor. Havaldar Hukumsingh, Naik Ramchandra and some others were also present there. The appellant started inflicting abuses on the victim and questioned him as to why he was standing there. An altercation, w...
iqbal HussaIn Abid HussaIn Qureshi Vs. the State of Maharashtra and or ...
Court: Mumbai
Decided on: Nov-20-1998
Reported in: (1999)101BOMLR631
F.I. Rebello, J.1. Rule.2. Respondents waive service. By consent, heard forthwith.3. The petitioner in this petition impugns the order dated 19th August, 1998 whereby the petitioner was externed from the limits of Greater Mumbai and Thane District and the order in Appeal dated 13th October, 1998 confirming the said order.4. Briefly the facts are as under:A show cause notice dated 12th February, 1998 was issued and was served on the petitioner on 6th March, 1998. The Petitioner showed cause against the said show cause notice. The show cause notice was issued under Section 56(1)(A)(B) of the Bombay Police Act, 1951. The allegations against the Petitioner were that since 1977 (excluding the period of detention) the Petitioner's acts and actions within the areas of Kamathipura, Shuklaji Street and adjoining areas within the jurisdiction of Nagpada Police Station have caused apprehension in the mind of the local residents, shopkeepers, businessmen, hawkers and the law abiding and peace lovi...
Uni Deritend Precision Castings Vs. Commr. of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-19-1998
Reported in: (1999)(112)ELT593Tri(Mum.)bai
1. The appellants manufacture unmachined/machined castings falling under Chapter 73 of the Central Excise Tariff. On 31-7-1991, they prepared two Gate Passes and debited Rs. 4,026/- in RG 23A Part II credit account and another Rs. 295/- in their PLA. However, due to non availability of the transport, both the Gate Passes were cancelled, about which they sent intimation to the Central Excise Range Supdt. and then they also took credit of the amount of duty debited against these two gate passes amounting to Rs. 4,321/- both in the PLA and RG 23A Part II registers. Proceedings were initiated against them by issue of show cause notice. It was alleged that there is no provision in the Central Excise Rules for taking credit in RG 23A Part II against cancelled Gate Passes and that therefore, the credit taken by the appellant was irregular. The jurisdictional Asstt. Commissioner of Central Excise, Divn. II, Nagpur passed the adjudication order on 28-2-1991 disallowing the credit of Rs. 4,026/...
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