Mumbai Court December 1998 Judgments
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The State of Maharashtra and Another Vs. Naim EmmamuddIn Chikhalekar
Court: Mumbai
Decided on: Dec-01-1998
Reported in: 1999(5)BomCR109
ORDERD.G. Deshpande, J.1. Both these petitions arise out of the order passed by II Additional Sessions Judge (K.J. Paratwar), Thane by which the appeal filed by petitioner Naim Chikhalekar was allowed and order of the Authorized Officer (Conservator) Shahapur dated 3-1-1997 was quashed and the Truck bearing No. MA-04- C-3742 was allowed to be returned to petitioner Naim Chikhalekar on his execution of certain bond. 2. The State filed writ petition against this judgment because almost all the findings of the Additional Sessions Judge were in favour of the State but the order of releasing the truck in favour of Naim Chikhalekar was passed on technicality i.e. non-compliance to Rule Sic section 52(2) of the Forest Act. Where as Naim Chikhalekar, the owner of the truck, filed his petition challenging all the adverse findings of the Additional Sessions Judge. 3. I heard Mr. Gangal, the Counsel for the truck owner Name Chikhalekar and Mr. Singhal, the learned A.P.P. for the State in both the...
Shri Pukhraj Ganeshmal JaIn Vs. Enforcement Director (Fera) Government ...
Court: Mumbai
Decided on: Dec-01-1998
Reported in: 1999(5)BomCR336; 1999CriLJ1776; 1999(1)MhLj863
ORDERN. Arumugham J.1. Rule by consent. Heard forthwith. 2. This writ petition is filed under Article 226 of the Constitution of India, seeking to quash the search and seizure made by the Enforcement Director, the first and second respondent on 20-2-1998 by declaring the same is illegal, null and void inclusive of the pending Remand Case No. 13/RA/98, which is now on the file of learned Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Bombay and for returning the 21 gold bars to the petitioner, seized illegally and a direction to the respondents to return the Indian Currency of Rs. 5, 75, 000/- to the petitioner or in the alternative the cash of Rs. 5, 75, 000/- shall be kept in a nationalized bank as fixed deposit and other reliefs as prayed for in the writ petition. 3. In the writ petition it was mainly averred that the petitioner is a licence dealer in gold jewellery carrying on business in Bombay and that on 20-2-1998 the Enforcement Director had a search and seized...
The State of Maharashtra and Others Vs. Rajkumar Singh and Others
Court: Mumbai
Decided on: Dec-01-1998
Reported in: 1999(5)BomCR349
ORDERD.G. Deshpande, J. 1. Heard learned A.P.P. for the State-petitioner on whose behalf the petition is filed and Mr. Y.R. Singh for the accused-respondents. R.P.F. Kurduwadi filed a complaint under section 3-A of the Railway Property(Unlawful Possession) Act originally against three accused. This complaint was filed under section 244 of the Criminal Procedure Code as a case instituted otherwise than on a police report. The trial Magistrate recorded evidence of three witnesses and on application filed by the prosecution issued notice to the present respondents why they should not be joined as accused Nos. 4 to 7 in that case. The accused/respondents appeared before the Magistrate and applied for quashing the notice on the ground that firstly, there was no material in the evidence of the prosecution so as to attract the provisions of section 319 of the Criminal Procedure Code and secondly, on the basis of two rulings of Calcutta High Court and Karnataka High Court, reported in Gulam Mo...
Uttam Manulal Kale Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-01-1998
Reported in: 1999(5)BomCR341
ORDERF.I. Rebello, J.1. Rule. Respondents waive service. By consent heard forthwith.2. Petitioner retired on 21st May, 1996 as Deputy Commissioner of Police (Crime) of Thane District. He has approached this Court in respect of show cause notice issued to him under section 250(1) by the Designated Court, Pune in decided TADA Case No. 22 of 1993. TADA Case No. 22 of 1993 resulted in the acquittal of the accused therein. The petitioner is not the person based on whose complaint or information the accusation was made. The learned Public Prosecutor informs that the matter was taken upto the Apex Court, which has rejected the appeal preferred by the State Government. What is relevant, however, is paragraph 156 of the judgment. The TADA Court arrived at the conclusion that it would be just and proper and in the interest of justice to issue notices to such Police Officers in the case who were instrumental in obtaining and granting sanction under the Arms Act, and under the TADA Act against the...
Vinayakrao Gangaramji Deshmukh Vs. P.C. Agrawal and ors.
Court: Mumbai
Decided on: Dec-01-1998
Reported in: AIR1999Bom142; 1999(2)ALLMR71; 1999(1)MhLj582
N.P. Chapalgaonkar, J.1. Heard Shri Baghel, the learned counsel for the petitioner and Shri Kukday, the learned Government Pleader, who accepts notice for the State.2. The respondent No. 4 was elected as a Sarpanch of the Village Panchayat Sanglood in Tahsil Daryapur, District Amravati. The post of Sarpanch of this Village Panchayat was reserved for the Scheduled Caste women category. Admittedly, the respondent No. 4 is lone member belonging to eligible category. The other members of the Village Panchayat brought a motion of no-confidence against the respondent No. 4 under Section 25 of the Bombay Village Panchayats Act, 1958 and removed her. The vacancy was notified and now it is being filled in.3. The petitioner makes a grievance that since the post of Sarpanch is reserved for the Scheduled Caste women category and the respondent No. 4 is a lone member belonging to that category. Her election is merely a formality. The petitioner further contends that a person, who is removed by expr...
Commissioner of Income-tax Vs. Menezes Farmaco
Court: Mumbai
Decided on: Dec-01-1998
Reported in: [1999]236ITR780(Bom)
B.P. Saraf, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court for opinion at the instance of the Revenue :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the decision of the Commissioner of Income-tax (Appeals) that the amount of Central subsidy received by the assessee should not be reduced from the cost of the assets for the purpose of allowing depreciation ?'2. The material facts of the case are as under :The assessee is a registered firm. During the previous years relevant to the assessment years 1985-86 and 1986-87, the assessee received Central subsidy. The Assessing Officer reduced the cost of the plant and machinery for the purpose of determining the actual cost thereof for allowance of depreciation on the ground that the amount of subsidy would go to reduce the cost of plant and machinery in the hands...
Arjun Vs. Divisional Controller, Maharashtra State Road Transport Corp ...
Court: Mumbai
Decided on: Dec-01-1998
Reported in: (2001)IIILLJ1065Bom
R.J. Kochar, J.1. Heard Sri V.Y. Patil and Sri Bora, the learned advocates for their respective parties.2. Rule. Expedited.3. Interim order is being granted by me directing the respondent to allow the petitioner to join his duties forthwith within one week from today.4. Sri P.B. Akolkar, the learned Member of the Industrial Court, Nasik, has passed an ex-fade perverse order without considering any facts after remand by the order, dated March 26, 1998, passed by this Court (LODHA, J). There is total non-application of mind by the Industrial Court. The Industrial Court ought to have taken an elementary care to check the impugned order as at one place he writes that -'the revision requires to be dismissed in limine'' while finally he has allowed the revision. He does not care to give any reasons for allowing the revision. He merely cites some rulings without referring to the ratios of those decisions and the facts, at least in brief. The learned Judge shall take every care and precaution ...
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