Mumbai Court September 1999 Judgments
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Dilip V. Parmar and Others Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-18-1999
Reported in: 2000(5)BomCR410; 2000BomCR(Cri)410
ORDERD.G. Deshpande, J.1. Heard Mr. Mundargi for the appellants and Mr. Galeria A.P.P. for the State respondents.2. All the appellants are Police Officers who have been convicted by Additional Sessions Judge, Bombay for the offences under section 330 of the Indian Penal Code and sentenced to rigorous imprisonment for different periods viz. Appellant No. 1 is sentenced to R.I. for three years and appellant Nos. 2 to 7 are sentenced to R.I. for two years along with fine.3. The case against the appellants was that they caused death of one Raju Mohite by torturing him while he was in police custody, particularly, on the night of between 27th June 1990 and 28th June 1990. The prosecution had examined about 25 witnesses including relatives of victim deceased Raju, medical officers a Cooper Hospital and Bhagawati Hospital, all the doctors conducting postmortem, Special Executive Magistrate, inmates of Raju who were with him on the night of 27th June 1990 and who had witnessed, according to pr...
Arun Kambli Vs. State of Goa as Represented by Officer-in-charge
Court: Mumbai
Decided on: Sep-18-1999
Reported in: 2000(5)BomCR654; 2000BomCR(Cri)654; 2000(1)MhLj780
ORDERR.K. Batta, J.1. The appellant was tried for possession of 211 gms. of charas in contravention of section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the said Act') which is punishable under section 20(b)(ii) of the said Act. The appellant had pleaded not guilty. Prosecution had examined 4 witnesses in support of the charge. By impugned judgment dated 24th February 1999, which is subject matter of this appeal, the appellant was held guilty for possession of 211 gms, of charas under section 20(b)(ii) of the said Act. He was sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 1 lakh and in default to undergo one year simple imprisonment under section 20(b)(ii) of the said Act. The period of detention during the trial from 7th March 1998 till the date of conviction was set off in terms of section 428 of Criminal Procedure Code. 2. The prosecution case, in brief, is that P.S.I. Uday Naik P.W. 4 had received specific and reliable i...
Bharatiya Kamgar Karmachari Mahasangh Vs. G.K.W. Ltd. and ors.
Court: Mumbai
Decided on: Sep-18-1999
Reported in: [1998(79)FLR343]; (2000)IIILLJ367Bom
A.P. Shah, J.1. These two petitions under Article 226 of the Constitution are directed against two separate orders both dated February 17, 1998 made by the Industrial Court, Mumbai in Complaint (ULP) No. 75 of 1998 and Complaint (ULP) No. 79 of 1998 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as the Act.2. The 1st respondent company is having a factory at Bhandup, Mumbai. The company is also having manufacturing units at Pune and Bangalore. The Bhandup unit of the company which is concerned in the present matter is having 660 workers out of which about 588 are in the workmen category. The respondent company by notice dated January 18, 1998 declared its intention to effect lock-out with effect from February 5, 1998. Even before the lock-out was effected the work was suspended from January 18, 1998. The recognised union i.e., the petitioner in Writ Petition No. 475 of 1998 filed a complai...
Purafil Engineers Vs. Shaikh Anwar Abdul Rahman
Court: Mumbai
Decided on: Sep-18-1999
Reported in: [2000(84)FLR144]; (2000)IIILLJ456Bom
ORDERR.J. Kochar, J.1. Heard Shri Nighot for the Petitioner employer. Inspite of two notices of this Court the Respondent workman has not remained present. Even before the Labour Court he remained absent and got the Reference rejected for default. The Labour Court thereafter restored the Reference on his Application for restoration under Rule 26(2) under the Industrial Disputes Act, 1947 by its order dated May 2, 1997. I have gone through the impugned Order which appears to have been passed merely on a subjective feeling that the workman should be given a chance. There are no good and sufficient grounds given by the workman for his absence in the Court resulting into an ex-parte Award rejecting the Reference. While considering the issue of setting aside ex-parte award the Labour Court ought not to have lost sight of the merits of the matter also. The party seeking to set aside an ex-parte order must also point out that it has a good case on merits and that serious prejudice would cause...
Mr. Nikam Tanaji Mahadev Vs. Rayat Shikshan Sanstha and Others
Court: Mumbai
Decided on: Sep-18-1999
Reported in: 1999(4)ALLMR386; 2000(1)BomCR624
ORDERD.G. Deshpande, J.1. This petition is filed by one Tanaji Mahadev Nikam who was terminated from his service as clerk by respondent No. 1 as per Exhibit G dated 28-4-1988 which is signed and sent by Secretary of respondent No. 1. It is stated in the said termination order Exhibit G that the petitioner was working as a Junior Clerk and was found involved in financial irregularities, and therefore, an inquiry was held against him and since he was found guilty, the Executive Committee of respondent No. 1 had decided in its meeting dated 23-4-1988 to terminate his service under Rule 43(B)(5) of the Standard Code, 1984. Accordingly the service of the petitioner were terminated from 1-5-1988, and he should have to hand over his charge on 30-4-1988. 2. The petitioner challenged this termination order before the Presiding Officer, College Tribunal, Shivaji Pune University, Pune vide Appeal No. 27 of 1988. It appears from the record Exhibit K, which is an order of the College Tribunal, that...
Ananda @ Annasaheb Dnyanu Shinde Vs. Akkatai W/O Bhagwan Patil
Court: Mumbai
Decided on: Sep-18-1999
Reported in: (2000)102BOMLR36
R.M. Lodha, J.1. This is a dispute between the daughter and adopted son of a Hindu widow Chandrabai in relation to a dwelling-house and the question involved in this appeal is whether the daughter can pray for partition of the dwelling-house as per her share in view of Section 23 of the Hindu Succession Act, 1956.2. The brief facts are:-One Dnyanu Keshav Shinde was the owner and in possession of a residential house situated at 'E' Ward, Rajarampuri, Kolhapur city, details of which are given in para 1 of the plaint. He died leaving behind the widow Chandrabai and daughter Akkatai (original plaintiff). The widow Chandrabai adopted Ananda alias Annasaheb (original defendant) on 28.11.1946. Chandrabai had half share in the residential house left by Dnyanu Keshav Shinde. She died on 28.9.1975 leaving behind original plaintiff and the original defendant as her heirs. According to the original plaintiff, she demanded half share in the half share held by Chandrabai in residential house from th...
Blue Blends (India) Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-17-1999
Reported in: (2000)(89)LC46Tri(Mum.)bai
1. The appellant imported a consignment of polyester filament yarn, in September, 1987 and presented for its clearance a REP import licence.The licence had been issued to M/s. Overseas Enterprises, 266 Jawahar Nagar, Hyderabad and apparently, had been transferred in accordance with law to the importer. The Custom House declined to clear the goods pending enquiries on the information it had received that the licence obtained by M/s. Overseas Enterprises was on the basis of false and forged documents submitted by it. These enquiries and subsequent enquiries with the licensing authority resulted in the issues of orders by the Deputy Chief Controller of Import and Exports, Hyderabad, suspending initially the operation of the import licence in question along with some other licence issued to Overseas Enterprises and subsequently cancelling the import licences on the basis of ground that the licence was obtained on the basis of fraud and misrepresentation of facts and that the firm itself i...
Gupta Dyeing and Printing Mills Vs. Commissioner of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-17-1999
Reported in: (2000)LC254Tri(Mum.)bai
1. Each of the appellant tendered for export consignments of polyester fabrics. The consignments have been exported in pursuance of obligation for blank advance licences issued under DEEC scheme to the appellant.Examination of each of the consignments revealed shortage in the weight of the fabrics. The shortage was around 3.45% in the case of goods tendered by Gupta Synthetics Ltd. and 7.39% in the case of Gupta Dyeing and Printing. The goods were provisionally permitted to be exported.Subsequently, however, proceedings were commenced on the ground that they were liable for confiscation under Clause (d) of Section 113 read with Clause (3) of Section 3 of the Export Trade (Control) Order and the exporters liable to penalty. The exporters waived issue of show cause notice and were heard. The Commissioner passed orders holding the goods in each case liable to confiscation under Clause (d) of Section 113, ordering recovery of Rs. 2.00 lacs in the case of appropriation of Rs. 10.00 lacs in...
Laxman @ Billa S/O Bhaiyalal Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-17-1999
Reported in: (2000)102BOMLR164
S.D. Gundewar, J.1. This appeal by original accused No. 1 is directed against the judgment and order dated 29.1.1999 passed in Special Criminal Case No. 48/97 by the learned Special Judge (N.D.P.S.), Nagpur. The learned Judge tried the appellant/accused along with his wife Smt. Rekha for the offences punishable under Sections 21, 25 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the N.D.P.S. Act'). The learned Judge acquitted the original accused No. 2 Smt. Rekha but held the appellant/accused guilty of the offence punishable under Section 21 of the N.D.P.S. Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default to suffer R.I. for 2 years.2. The prosecution case in brief is that on 24.7.1997 Head Constable Hemant Pali (P.W. 5) was patrolling along with PSI Tidke and other police staff for carrying out the raids in connection with narcotic drugs. The raiding party took with it weights, ...
Khar Education Society Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-16-1999
Reported in: (2006)STR311
1. This application for stay of the operation of the order of the Commissioner (Appeals) was argued by Shri D.M. Bhatt, accountant of the appellant society, Shri Patwari represented the revenue.2. The appellants are an educational society who also hired out man-dap. Service tax was imposed on such activity with effect from June, 1997. The assessee were required to file quarterly returns by 15th of the month following every quarter. In riling of the first return, there was a delay of 97 days. In filing of the 2nd and 3rd quarterly returns, there was a delay of 61 days and 9 days respectively. After issue of show cause notice seeking levy of monetary penalty, the Asstt. Commissioner adjudicated the case. Accepting the explanation that the taxes were new phenomenon and hence delay occured in filing of the returns, he refrained from imposing penalty on the assessee for the first quarter. He did not accept this explanation for the next two quarters and imposed penalty. The assessees then f...
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