Mumbai Court May 1999 Judgments
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Krishna Babu Shelar Vs. the State of Maharashtra
Court: Mumbai
Decided on: May-05-1999
Reported in: 2000(5)BomCR516
ORDERVishnu Sahai, J.1. Through this appeal the appellant challenges the judgment and order dated 13th November, 1995, passed by the V, Additional Sessions Judge, Thane, in Sessions Case No. 202 of 1995, convicting and sentencing him to undergo 10 years' R.I. and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for three months for the offence punishable under section 394 I.P.C. read with sections 398 and 75 I.P.C.2. In short the prosecution case runs as under :---On 9th January, 1995, at about 9 p.m. while Anita Madas (P.W. 4), the daughter-in-law of the complainant Buchaiyya Madas (P.W. 3) was cooking food inside house No. 320, Bhandari Compound, Narpoli, Taluka Bhiwandi, District Thane, the appellant came and enquired from her whether a person named Venkatesh was residing there. He also took out a knife; asked her to handover her Mangalsutra; and told her that if she did not do so he would kill her. On that she cried loudly. Hearing her cries, her father-in-law, the informan...
Gangadhar Ambadas Parashare Vs. Mahadeo Ambadas Parashare and ors.
Court: Mumbai
Decided on: May-05-1999
Reported in: 2000(1)ALLMR210; (1999)101BOMLR80
R.M. Lodha, J.1. This first appeal is directed against the judgment and order passed by the Assistant Judge of Nasik at Nasik in Civil Misc. Application No. 50 of 1974 made under Section 72 of Bombay Public Trusts Act whereby the Court below dismissed the said application and maintained the order passed by Joint Charity Commissioner, Bombay in Appeal No. 2 of 1972 under Section 70 of Bombay Public Trusts Act.2. The facts necessary and relevant for disposal of first appeal are :On 27.5.1952 Ambadas Baburao Parashare made an application before the Assistant Charity Commissioner, Pune Region, Pune stating therein that the temple viz. Shri Ganga Godavari Mandir, Panchavati, Nasik is not a public trust and that the said Mandir is a private temple. Inter alia, in the application he stated that the temple Shri Ganga Godavari Mandir was constructed by him on a small private land in order to serve God; the said temple is part of the immoveable property bearing City Survey No. 5678 and Municipal...
PeThe Brake Motors Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-04-1999
Reported in: (1999)(114)ELT572Tri(Mum.)bai
1. The applicant has sought for the stay of the order of the Commissioner of Central Excise, Pune-II dated 9-10-1998 under which the Central Excise duty of Rs. 37,10,607/- was confirmed as demanded under the show cause notice dated 20-4-1998 on the applicant and imposed penalty of equal sum under Section 11AC of Central Excise Act, 1944 and Rs. 10 lakhs under Rule 173Q(1) of Central Excise Rules, 1944, and imposed interest 20% on the duty demanded under Section 11AB of Central Excise Act, and confiscated 157 items under seizure valued at Rs. 3,67,287/- under Rule 9(2) read with 173Q(1) of Central Excise Rules with redemption fine of Rs. 1.5 lakhs, and also the confiscated land, building, plant and machinery used for the manufacture of excisable goods under Rule 173Q(2) with redemption fine of Rs. 5 lakhs to be paid within 3 months of receipt of the order.2. The applicant has attacked the above impugned order in the appeal memorandum as illegal and void, being also contrary to the ruli...
Boots Pharmaceuticals Ltd. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-04-1999
Reported in: (2000)(115)ELT829Tri(Mum.)bai
1. The appellants manufacture 'Sweetex Pellets' and 'Sweetex Liquid'.They claimed classification under Heading 2925.00 which was approved by the Assistant Collector. Against this approval the department caused an appeal to be filed, on the ground that the more appropriate classification was under sub-heading 2107.91 as edible preparation not elsewhere specified. The Collector in the impugned order ruled that the correct classification was under Heading 38.23. He set aside the lower order and remanded the matter back to the Assistant Collector with directions "to examine the issue for proper classification after giving full opportunity to the respondents". Against this order the present appeal has been filed.2. Shri R.J. Parikh submits that persuant to this order the Assistant Collector classified this products under Heading 38.23 which classification was upheld by the Collector (Appeals) and dispute is presently before the Tribunal.3. In these circumstances we find that the present ap...
income-tax Officer Vs. Uitec International
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: May-04-1999
Reported in: (2000)74ITD19(Mum.)
1. This is an appeal by the Revenue against the order of the CIT(A) for asst. yr. 1990-91. The ground raised in this appeal read as under : "On the facts and in the circumstances of the case, the learned CIT(A) erred in deleting the addition of disallowance of Rs. 3,81,000 on account of transfer of Export Reserve into the capital account of the partner." 2. The assessee is a firm. It did export business in 1988-89. For claiming deduction under s. 80HHC of the Act, it created a reserve of Rs. 3,71,000 as required under the second proviso to sub-s. (1) thereof. On 1st October, 1989, one of the partners, viz., Miss F.I.P.Shroff retired and one more partner was inducted to the firm with change of share ratio to the profit and loss of the partners. In order to give due accounting treatment it transferred the reserve created in 1988-89 to the original three partners' capital account. The AO, therefore, added back this sum of Rs. 3,81,000 to the income of the assessee by observing as under :...
Smt. Jaitunbi Mubarak Shaikh Vs. Mubarak FakruddIn Shaikh and Another
Court: Mumbai
Decided on: May-04-1999
Reported in: 2000(1)BomCR696; 1999(3)MhLj694
ORDERA.V. Savant, J.1. This criminal writ petition is filed by a divorced muslim woman. In view of the reference to a Division Bench by T.K. Chandrasekhara Das, J., the following questions of law arise for our determination :---(1) In proceedings for maintenance instituted by a Muslim wife, if a Muslim husband makes a plea in his written statement that his marriage had been dissolved at an earlier date in the talak form, even assuming that the fact of such dissolution at an earlier date is not proved, whether the filing of the written statement containing such a plea of divorce in the talak form amounts to the dissolution of marriage under the Muslim Personal Law from the date on which such a statement was made ? (2) Whether the law laid down by this Court in Chandbi Ex. w/o Badesha Mujawar v. Badesha S/o Balwant Mujawar, reported in : AIR1961Bom121 still holds good or whether it requires reconsideration in view of the two subsequent decisions of this Court in :--- (i) Mehtabbi w/o Sk....
Suo Motu Writ Petition No. 63 of 99 Vs. the Chief Secretary and Others
Court: Mumbai
Decided on: May-04-1999
Reported in: 2000(3)ALLMR277; 2000(1)BomCR855
ORDERR.K. Batta, J.1. Two students of Higher Secondary School, Miramar, Goa, were drowned at Utorda Beach, where they had gone alongwith other students and teachers for a picnic. The total number of students who had gone for the said picnic was 18 and they were accompanied by five teachers. It appears that none of the said five teachers who were accompanying the students knew swimming. Taking cognizance of the newspaper reports about the death of the two students and the fact that there are drowning deaths on the beaches all around the year, notices were issued to the Chief Secretary, Government of Goa, Director of Tourism, Government of Goa, Director of Education, Government of Goa, Captain of Ports, Government of Goa, Superintendent of Police, South Goa, Margao and the Principal of the said Higher Secondary School. 2. After the returns were filed, it was noticed that inspite of deaths occur-ring at regular intervals on the beaches, the Department of Tourism did nottake appropriate me...
Rajendra Narayanrao Suryawanshi and Others Vs. the State of Maharashtr ...
Court: Mumbai
Decided on: May-04-1999
Reported in: AIR2000Bom82; 1999(4)ALLMR8; 2000(1)BomCR902; (2000)2BOMLR908; 1999(3)MhLj876
ORDERR.G. Deshpande, J.1. Heard Shri R.N. Dhorde with Shri V.D. Hon, thelearned Counsel for the petitioners; Shri S.B. Bhapkar, the learned A.G.P. for respondent Nos. 1, 2 and 3 and Shri P.B. Shirsath, Adv. for respondent No. 4.2. Rule, returnable forthwith. The matter is taken up for hearing with the consent of the respective parties. 3. By an order dated April 28, 1999, the Collector, Latur directed to hold the election of the Managing Committee of the respondent No. 4 society which is the subject-matter of challenge in the present petition. The petition, no doubt, has a chequered history. However, for the purposes of decision in the present matter, only relevant facts will be referred to in this order.4. Writ Petition No. 469/99 was filed by one Shri Vyankatrao Yadav in connection with same allegations of the same society in which the relief was sought to the effect that the respondents therein be restrained from acting as Managing Committee members, Latur District Central Co-operat...
Mahadeo Kondiba Jagdale Vs. the State of Maharashtra and Another
Court: Mumbai
Decided on: May-04-1999
Reported in: 1999(5)BomCR667
ORDERVishnu Sahai, J.1. Through this appeal, the appellant challenges the Judgment and Order dated 12-5-1995 passed by the Additional Sessions Judge, Sangli in Sessions Case No. 217 of 1994 convicting and sentencing him to undergo life imprisonment and to pay a fine of Rs. 5000/- in default to undergo R.I. for one year for the offence under section 302 I.P.C. 2. In short, the prosecution case runs as under:- The appellant was the son of Ambubai the real sister of the deceased Sampat. The informant Nanda P.W. 4 and Dhondiram P.W 5 are the wife and real brother respectively of the deceased. The deceased and Dhondiram lived in separate portions of the same building. It is alleged that the appellant used to live in the court-yard of a school situated hear the house of the deceased and was a person of a lazy disposition. When the deceased used to ask him to work, he used to feel annoyed. On 21-10-1994, the deceased asked the appellant to collect dried plants of cotton but, he refused and on...
Indian Toners and Developers Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: May-03-1999
Reported in: (1999)(85)LC806Tri(Mum.)bai
Personal hearing was accorded to the importer (Respondent). Mr. S. Venkatrama Iyer, Advocate, Mr. N.S. Sharma, Tech. Director and Mr. M.K. Gambhir, Company Secretary attended personal hearing on behalf of the respondents. I have gone through the records of the case and submissions/Cross objections made by the respondents, both oral and written. I find that Department has a case in appeal on the following grounds: (i) Agreements contain technical know-how agreements. Hence the loading of invoice value is required to the extent of payments made for know-how in terms of Rule 9(1)(b) (iv). (ii) Chartered Accountant's Certificate dated 9.7.1993 states that M/s Indian Toners & Developers Ltd., New Delhi had paid technical know-how fees equivalent to Rs. 93,00,179/- and Rs. 29,55,555/- was to be paid further. (iii) Letter from M/s Indian Toners & Developers Ltd. dated 9.7.1993 addressed to Asstt. Commissioner of Customs, SVB speaks of technical know-how agreements with M/s ELFOTEC A....
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