Mumbai Court August 1998 Judgments
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Hassan Ismail Dalvi and Another Vs. State of Maharashtra and Another
Court: Mumbai
Decided on: Aug-10-1998
Reported in: 1999(5)BomCR68; 1999BomCR(Cri)68; 1998CriLJ4751
ORDERN. Arumugham, J. 1. Rule. By consent, rule made returnable forthwith. 2. In view of the questions involved in both these writ petitions, to be decided is common and the respondents are identical though the petitioners are different, by consent, both the writ petitions are heard together and disposed off by this common Judgment. 3. In both the writ petitions, the petitioners are seeking to grant issuance of mandamus directing the respondents to issue parole as well as furlough leave respectively on the grounds mentioned in the writ petitions. Since the authorities have not inclined to grant parole as well as furlough leave, they have come forward with the above writ petitions. 4. The main throng of contention taken by the learned Additional Public Prosecutor is that both the writ petitions are not maintainable for the reasons that the parole as well as furlough leave to such of the persons convicted and having sentenced, are involved very much for the suspension of the sentence as ...
Deepak Hadfadkar Vs. State
Court: Mumbai
Decided on: Aug-10-1998
Reported in: 1999(5)BomCR443
ORDERR.M.S. Khandeparkar, J.1. At the outset of the hearing, Shri A.P. Lawande, the learned Public Prosecutor has fairly admitted that the learned Additional Sessions Judge has convicted the appellant under section 306 of Indian Penal Code as well as section 309 of the I.P.C. without there being any charge framed against the appellant in respect of offence punishable under section 309 I.P.C. Drawing my attention to para 41 of the impugned judgment of the trial Court in that regard, the learned Public Prosecutor submitted that the learned Additional Sessions Judge erred in relying upon section 222 of Criminal Procedure Code while holding that the offence punishable under section 309 of I.P.C. is a minor offence as compared to the offence punishable under section 306 of I.P.C. The finding has been arrived at totally ignoring the facts and circumstances of the case. He further submitted that at the time when initially the charge was framed against the appellant section 309 of I.P.C. was n...
Prestcon Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1998
Reported in: (1999)(112)ELT888Tri(Mum.)bai
1. The appellant manufactured prestressed concrete poles from out of raw material supplied by the Gujarat Electricity Board (GEB for short) to which it sold the goods. It took Modvat credit of the duty paid on cement and steel in the manufacture of these holes. Notice was issued proposing to demand the credit on two grounds -firstly that the manufacturer of the goods is not the appellant but GEB and secondly that the gate passes evidencing payment of duty have been issued to GEB and not to the appellant. The Assistant Collector [whose order has been confirmed by the Collector (Appeals)] found against the appellant.Hence this appeal.2. The contention of the representative of the appellant that it is now settled that in a situation of this kind it is the person who transferred the raw material to the products and not the supplier of the raw material has to be accepted. The appellant being the manufacturer, who cleared the goods on payment of duty, was entitled to take credit of the duty...
Shobha Thakkar Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1998
Reported in: (1999)(106)ELT519Tri(Mum.)bai
1. The question for consideration in this appeal is the determination of the assessable value of the car imported by the appellant. The car, a Ford Taurus 1989 model has been assessed on the value of Rs. 1,33,497/- by the Custom House and Commissioner (Appeals) has declined to consider the appeal by the importer for reducing it.2. Appellant contends that she purchased the car in the U.S.A. at $ 1450/-. It is certified by the dealer and Ford Motor Co. U.S.A. that the freight to be added to the price would be U.S. $ 500/- which is certified by Keymost International.3. The Assistant Commissioner had determined the value of the car on the basis of the price of a new car and after giving the adhoc discount of 15% to compensate for difference in wholesale and retail price and giving discount. As against this it is claimed that the car should be assessed at the claimed purchase price of U.S. $ 1450/-. The appellant cites a fax from A. Smith Motors, Inc. Warner Robins, Georgia, U.S.A.This fax...
Commissioner of Customs Vs. Shri Kantilal Nanalal Jain
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1998
Reported in: (1999)(63)ECC33
1. This is a department's appeal against the order dated 16.3.89 under No. S/49-1/89 of the Collector of Customs and Central Excise (Appeals), Mumbai, praying for setting aside the same.The facts of the case are that the respondent applied for gold dealers licence in Form G-6 on 11.6.87 and he was a certified goldsmith and was not entitled to the relaxation stipulated in the proviso of Rule 2(f) of the Gold Control (Licencing of Dealers) Rules, 1969 as he had not completed the minimum requirement of two calender years i.e. 1985 and 1986. He was issued the goldsmith certificate No. 24/KMK/85 on 4.3.85.On enquiry, it was found that the customers figuring in the statutory record maintained by him as goldsmith and letters were addressed to various customers and sent by registered post were returned with the endorsement as "NOT KNOWN"/"Return to Sendors", "Unclaimed". This shows the fictitious entry made in G.S. 13 register in the name of the fake customers to get exemption under proviso B...
Collector of Customs Vs. Saurashtra Steel Inds. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-07-1998
Reported in: (1999)(63)ECC41
1. This is a department's appeal filed against the decision of the Collector of Customs (Appeals), Mumbai made in Order No. 14/85 Rajkot, dated 19-12-1985 whereunder he allowed the appeal of the respondent holding that the bill of lading weighment is a case of guess work and weighment on the basis of out turn report given by Bhavnagar Port based on draught weight of the imported bulk cargo should be accepted and that benefit of Notification No. 151/77-Cus., dated 15-7-1977 as amended by Notification 35/82, dated 28-2-1982 he made available to the Respondent.2. The facts of the case are that the respondent imported melting scrap of iron or steel at Bhavnagar Port. The IGM of the vessel showed that a quantity of 3299.500 MT per MV. AGORES. The quantity of the bill of entry was supported by certificate of inspection, certificate of weight, certificate of origin, invoice, bill of lading, certificate of sale by MSTC and quantities shown in IGM. The quantity was never disputed by the respon...
Corrosion Control Services Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-06-1998
Reported in: (1999)70ITD109(Mum.)
1. This appeal by the assessee for the assessment year 1988-89 is directed against the order of the CIT(Appeals) upholding addition of retention money of Rs. 22,09,010.2. The assessee's line of business is to find out whether connections of gas pipes are properly made and this is done through some sort of NDT X-Ray machines. The assessee carried above work as sub-contractor for Spie Capag NKK Toyo Consortium as per agreement dated 21st June, 1986. Similar work was also carried for Dodsal Pvt. Ltd. on the terms and conditions specified in the agreement dated August 7, 1986. The main contractors laid pipelines for the Gas Authority of India (GAIL).The above documents contain scope of work and terms of payment. In the agreement dated June 21, 1986, it is provided that the assessee would raise monthly invoices in respect of services rendered on the contractor for payments. Out of the bill amount 5% retention money would be deducted which will be released as follows :- "5% will be released...
Chandrakant Ranganath Mahajan Vs. the State of Maharashtra
Court: Mumbai
Decided on: Aug-06-1998
Reported in: 1999(1)ALLMR529; 1999(2)BomCR199; 1999(1)MhLj781
ORDERA.D. Mane, J.1. Rule. By consent of learned Counsel for the respective parties, Rule is made returnable forthwith.2. The petitioner's claim for D.Ed, course was rejected solely on the ground that he did not pass his S.S.C. from the school located in District Osmanabad, though the petitioner is permanent resident of Osmanabad district.3. The petitioner explained that there is no educational facilities in the village, where he resided and therefore, he was required to take education from the adjoining Tehsil place, which however, is located within the limits of District Latur. The petitioner was, therefore, treated as outsider and permission was refused to him.4. In view of the statement of fact, which goes uncontroverted, that where the petitioner resides in District Osmanabad, there is no educational facilities upto S.S.C., and merely because the petitioner got his S.S.C. examination passed from the High School situated within the limits of other adjoining district, namely, Latur,...
Prataprao Ganpatrao Bangar Vs. Ramprasad Wamanrao Kadam
Court: Mumbai
Decided on: Aug-06-1998
Reported in: 1999(1)ALLMR525; 1999(4)BomCR134
ORDERA.D. Mane, J.1. This petition is filed on 25-4-1994 under section 100 of the Representation of Peoples Act, 1951 (for the sake of brevity, hereinafter, referred to as the said Act) for quashing and setting aside the election of the returned candidate respondent No. 1, from Jintur Assembly Constituency for Legislative Assembly.2. The respondent No. 1 filed written statement on 21-12-1995 and raised preliminary objection to the maintainability of the present election petition.3. In view of the application filed by the respondent No. 1 bearing Civil Application No. 3 of 1997 to try preliminary issue about the maintainability of the petition for non-compliance of the mandatory provisions as contained in sections 81, 83 and 86 of the said Act, following preliminary issue has been raised;'Whether the election petition is liable to be dismissed for non-compliance with the mandatory provisions of sections 83, 86 and 123 of the Representation of Peoples Act, 1951 '4. One of the contentions...
Ashok S/O. Vasantrao Aradhye Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-06-1998
Reported in: 1999(4)BomCR196
ORDERA.D. Mane, J.1. Shri R.M. Borde, learned Advocate for the petitioner submits that as per the directions given by this Court, the petitioner has tried to join at Beed but since an incumbent had already resumed duty at Beed he was directed to join at Udgir but he is not paid salary so far. Shri Dixit, learned Counsel for the respondent No. 2 submits that a proposal for grant of salary is submitted to the Education Officer and same is pending. It is, however, pointed out by Shri Borde that although approval was granted from 12-3-1998 salary for the intervening period from 15-6-1997 to 11-3-1998 is not paid to the petitioner. It is evident that there was no fault of the petitioner to join at place of posting when someone was already posted by the management. Therefore, the intervening period i.e. actual posting of the petitioner and his joining to the transferred place must be treated as on duty.2. We, therefore, direct the respondent No, 2 to submit a fresh proposal to the Education ...
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