Mumbai Court July 1998 Judgments
Kotak Mahindra Finance Limited Vs. Parasrampuria Synthetics Limited
Court: Mumbai
Decided on: Jul-31-1998
Reported in: 1998(4)BomCR731
ORDERSmt. K.K. Baam, J.1. The petitioners have filed this petition praying that the Court Receiver, High Court, Bombay or some other fit and proper person be appointed Receiver of the leased equipment described in the Schedule being Exhibit 'A' to the petition with all powers under Order 40, Rule 1 of the Code of Civil Procedure, 1908 including the power to take actual and physical possession of the leased equipment more particularly described in Exhibit 'A' to the petition and to hand over the same to the petitioners without any deposit or royalty.2. The petitioners have, in the petition as filed, also prayed for an order of injunction restraining the respondents, their servants, agents, officers, directors, representatives and/or otherwise howsoever be restrained by an order and injunction of this Court from in any manner dealing with and/or disposing of and/or parting with possession and/or alienating and/or encumbering and/or creating third party right, title and interest in respec...
Tag this Judgment!Dorr-oliver (India) Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jul-31-1998
Reported in: (1999)154CTR(Bom)341; [1998]234ITR723(Bom)
B.P. Saraf, J. 1. By this reference under Section 256(2) of the Income-tax Act, 1961 ('the Act'), the Income-tax Appellate Tribunal has referred the following three questions of law to this court for opinion at the instance of the assessee :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in law in holding that the sum of Rs. 19,81,625 being part of the compensation and fees payable to Dorr Oliver Inc. of U. S. A. under the agreement on January 1, 1959, was not admissible as a deduction in the computation of the assessee's total income ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal ought to have held that the entire amount of Rs. 28,60,361 being compensation and fees payable to Dorr Oliver Inc. of U. S. A. was deductible in arriving at the assessee's total income ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is not entitled...
Tag this Judgment!Kotak Mahindra Finance Limited Vs. Parasrampuria International
Court: Mumbai
Decided on: Jul-31-1998
Reported in: 1998(4)BomCR740
ORDERSmt. K.K. Baam, J.1. This petition has been filed by the petitioners seeking an order for appointment of the Court Receiver in respect of the leased equipment described in the schedule (Exhibit A to the petition) with all powers tinder Order 40, Rule 1 of the Code of Civil Procedure, 1908 including the power to take actual and physical possession of the leased equipment more particular description of which is set out in the Schedule being Exhibit A to the petition and to hand over the same to the petitioner without any deposit, royalty or security.2. In the petition as filed, the petitioners have also prayed for an order of injunction restraining the respondents, their servants, agents, officers, directors, representatives and/or otherwise howsoever be restrained by an order and injunction of this Court from in any manner dealing with, disposing of, parting with possession, alienating, encumbering and/or creating third party right, title and interest in respect ot the leased equip...
Tag this Judgment!Nandu Zambauliker Vs. Shrikant Naik and anr.
Court: Mumbai
Decided on: Jul-31-1998
Reported in: 1999CriLJ109
ORDERJ.A. Patil, J.1. By this application under Section 482, Criminal Procedure Code, the applicant has challenged the Order dated 21st March 1998 passed by the Sessions Judge, South Goa, Margao, in Criminal Revision Application No. 41 of 1997 setting aside the Order dated 8th July 1997 passed by the Judicial Magistrate, First Class, Margao, in Criminal Case No. 134/P/87/I. The learned Magistrate rejected the application of respondent No. 1 for dismissing the complaint on the ground of want of sanction under Section 197 of the Criminal Procedure Code. In revision, the learned Sessions Judge set aside that Order holding that sanction under Section 197 of the Criminal Procedure Code was necessary for prosecuting respondent No. 1. The relevant facts necessary for the decision of this application may be stated in brief as under:2. The applicant, who is a press photographer, is the original complainant whereas the respondent No. 1, who is a Head Constable, is the original accused in Crimina...
Tag this Judgment!Geetabai Tukaram Ambre Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-31-1998
Reported in: (1998)100BOMLR436
T.K. Chandrashekhara Das, J.1. This is a tragic story of a young mother who is alleged to have killed her new born child out of frustration and desperation, presumably out of social compulsion and stigma attached of having delivered a child without marriage. Ku. Geetabai Tukaram Ambre appellant herein was charge-sheeted and tried by the Additional Sessions Judge, Thane for the offense punishable under Section 302 and Section 201 of I.P.C. As per the impugned judgment, the appellant was sentenced for life under Section 302 of I.P.C. Though she was found guilty and convicted by the Court below for the offence punishable under Section 201 of I.P.C., no separate sentence has been awarded by the Court below.2. According to prosecution, the appellant was serving as nurse in the Government Hospital at village Sakhurla in September, 1981 and was residing at neighbouring village called Valvanda. She was living alone. It is alleged that in September, 1981 she delivered a male child in her house ...
Tag this Judgment!Commissioner of Customs Vs. Hariom Traders
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-30-1998
Reported in: (1999)(107)ELT407Tri(Mum.)bai
1. The issue in both these appeals being common they are disposed of by this common order.2. Each of the appellant imported dry dates sukkur. In each case the letter of credit against shipment was opened on 5-9-1991. Importers were permitted in terms of Open General Licence (OGL) prior to this date onwards by amendment made on policy of such import required an EXIM scrip. The licensing authority have clarified that where letters of credits were established prior to 5-9-1991 and shipment effected before 4-10-1991 the goods would be cleared under OGL.3. In the orders impugned in appeal the Additional Collector has held that the goods are liable to confiscation for the reason that the letters of credit were opened a day after the last date specified by the clarification of the licensing authority and released the goods on arriving. Hence this appeal of the department.4. I have heard the departmental representative and respondents are absent.5. The ground in each of the appeal says that t...
Tag this Judgment!Eupharma Laboratories Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-30-1998
Reported in: (1998)LC526Tri(Mum.)bai
1. Applications are for waiver of deposit of penalty of Rs. 6.28 lakhs under Rule 57-I(4) and penalties of Rs. 50,000/- each on Shri R.V. Shah and C.A. Shenoy, Chairman, Managing Director and Chief Executive of the assessees.3. The penalties have been imposed following the finding that Modvat credit of duty paid on inputs which were used in the manufacture of pharmaceutical products cleared without payment of duty. It is stated that the credit in question was reversed on the wrong utilisation being pointed out by the department. The fact of its reversal is not questioned. The period when credit was utilised is October 1992 to September 1993. Notice has been issued on 24-6-1997. Prima facie the decision of this Tribunal in Maruti Udyog Ltd. v. CCE - 1998 (25) RLT 246 and others that the provisions of Section 11A will not apply in cases of evasion of duty prior to its being incorporated in the statute would apply to the provisions of Rule 57-I(4) with which it corresponds. While the que...
Tag this Judgment!Commr. of C. Ex. Vs. Indian Steel and Allied
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-30-1998
Reported in: (1999)(113)ELT209Tri(Mum.)bai
1. The assessee manufactures valves for cylinder to store liquified petroleum gas out of brass rods. In the course of such manufacture brass scrap arises. The assessee had asked for and been accorded permission to remove inputs under provisions of Sub-rule (2) of Rule 57F as it then existed. It removed in terms of such permission brass to job workers who melted this scrap and cast it again into rods which were returned to the assessee, and were put to use once again in the manufacture of valves.2. Department issued notice proposing recovery of the duty on the scrap sent in terms of permission which was granted under Rule 57F(2) on the ground that the scrap was not an input. After considering the submissions of the assessee the Assistant Collector confirmed the demand. Assessee appealed from this order. Collector (Appeals) took the view that the permission under Rule 57F(2) should not have been given, but since it has been given, duty should not be demanded on scrap. He was also of the...
Tag this Judgment!National Health and Education Vs. Assistant Director of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-30-1998
Reported in: (1999)70ITD330(Mum.)
1. A group of migrants, in the aftermath of partition, led by Mr.Parmanand Deepchand Hinduja came and settled in Bombay. They felt the need for medical care. These persons banded together and on account of their efforts, a small outdoor clinic was opened in December, 1951. In February, 1953, the clinic was converted into an indoor hospital with 30 beds which was progressively increased to 70. In 1954, the persons who started the clinic in a small way, formed a society which was named the "National Health and Education Society". It was registered under the Societies Registration Act on 13th April, 1954. In 1963 a new 100 bed hospital was commissioned in the same plot of land. Gradually this 100 bed hospital increased its activities and in 1972 ventured into medical research. The research institution also came to be recognised by the Government of India. The name of the hospital, after the advent of the research centre, was changed from National Hospital to "P.D.Hinduja National Hospita...
Tag this Judgment!Shrimant S/O Baburao Sarode Vs. State of Maharashtra and Others
Court: Mumbai
Decided on: Jul-30-1998
Reported in: 1998(4)ALLMR643; 1999(1)BomCR782; 1998(3)MhLj278
ORDERB.H. Marlapalle, J.1. Heard Mr. V.D. Solunke, learned Counsel for petitioner, Mrs. A. Rasal, learned A.G.P. for respondents Nos. 1 and 2 and Mr. S.N. Yadav, learned Counsel for respondent No. 3.2. Rule made returnable forthwith by consent of the parties.3. The petitioner was admitted in respondent No. 3 college to the 1stYear of D. Pharmacy Course. He appeared for First Year examination held inthe month of April, 1997 and he passed in 4 subjects and failed in two subjects. Accordingly, he was given the benefit of Allowed To Keep Term (ATKT). He was admitted to the second year D. Pharmacy for the academic year 1997-98. He appeared for the supplementary examination of First Year D. Pharmacy held in the month of October, 1997 for the remaining two subjects, when he was already an ex-student of the IInd year D. Pharmacy.It appears that the petitioner was charged with malpractice in the said supplementary examination and investigation was conducted in the said charges. Meanwhile, petit...
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