Mumbai Court June 2002 Judgments

Shalik Maroti Kowe Vs. the State of Maharashtra Through P.S.O.

Court: Mumbai

Reported in: 2003BomCR(Cri)763; (2002)104BOMLR129

R.K. Batta, J.1. The appellant was tried for murder of Deorao Bawane, attempt to murder Nagorao Bawane and for voluntarily causing hurt to Soma Bawane, under Sections 302, 307 and 324 of the Indian Penal Code respectively. The learned Additional Sessions Judge, Yavatmal vide judgment dt. 23.6.1997, found the appellant guilty of murder of Deorao Bawane under Section 302 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/- in default R. I. for 6 months. He also found the appellant guilty for voluntarily causing hurt to Nagorao Bawane and Soma Bawane under Section 324 of the Indian Penal Code and sentenced the appellant to undergo R. I, for one year. The substantive sentences have been ordered to run concurrently. The benefit of set off under Section 428 of the Cr. P.C. has been given to the appellant. The appellant challenges his conviction and sentence in this appeal.2. The prosecution case, in brief, is that on 24....

Deputy Commissioner of Vs. A.T.V. Projects India Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal by the Revenue is directed against the Order of the CIT(Appeals)-XXI, Bombay and it pertains to the assessment year 1989-90. The grounds raised before us are interconnected which are extracted below for the sake of convenience :-- "G. 1 : On the facts and circumstances of the case and in law, the learned CIT(A) erred in directing to allow an amount of Rs. 22,140 as revenue expenditure made towards stamp duty by assessee without appreciating the facts on which the findings of Assessing Officer in the assessment order was based, treating the said expenses as preliminary expenses and restricted the deduction at 1/10th under Section 35D of the Income-lax Act, 1961. G.2 : On the facts and in the circumstances of the case and in law the learned CIT(A) erred in directing to allow balance 9/10th of expenditure amounting to RS. 53.29 lakhs as revenue expenditure incurred for raising loans through the convertible debenture issues without appreciating the facts on which the Assess...

P.R. Shah Shares and Stock Brokers (P.) Ltd. Vs. Bhh Securities (P.) L ...

Court: Mumbai

Reported in: 2002(4)ALLMR789; 2002(6)BomCR776; 2002(4)MhLj195

S.A. Bobde, J.1. This petition is filed by the petitioners, viz., P.R. Shah Shares & Stock Brokers (P.) Ltd. against the award dated 12-10-1999 passed by the arbitrators of the Mumbai Stock Exchange under the Rules, Bye-laws and Regulations of the Stock Exchange, Mumbai. At the outset, it may be noted that the Bench comprises the following arbitrators :(1) Hemant V. Shah,(2) Sharad Dalai and(3) Justice D.B. Deshpande.Two arbitrators, i.e., Hemant V. Shah and Sharad Dalai have held the respondents, viz., BHH Securities (P.) Ltd. as entitled to recover a sum of Rs. 36,98,384.73 from Continental Securities (P.) Ltd., the respondent No. 2 herein and P.R. Shah Share & Stock Broker (P.) Ltd., i.e., the petitioners. By a separate order the third arbitrator Justice D. B. Deshpande allowed the claim of BHH Securities (P.) Ltd. against Continental Securities (P.) Ltd., i.e., the respondent No. 2 herein. The learned arbitrator has rejected the claim against P.R. Shah Share & Stock Broker (P.) Ltd...

Roshanlal S/O Jagannath Agrawal Vs. Avinash S/O Narsinghsaw Kshatriya ...

Court: Mumbai

Reported in: AIR2003Bom31; 2003(1)ALLMR286; 2002(3)MhLj878

D.Y. Chandrachud, J.1. Non-applicants 1 to 4 instituted Regular Civil Suit No. 395/1982 against non-applicants 5 and 6 before the learned Joint Civil Judge, Junior Division, Gondia. The applicant was not a party to the suit. During the course of the proceedings of a Loknyayalaya held on 31st July, 1994, the suit came to be compromised and it has been stated that a compromise decree was drawn up. Insofar as the terms of the compromise are concerned, clauses 1 and 2 are material for the purpose of the present proceeding and provide as follows'(1) The defendant Nos. 1 and 2 will deliver possession of the suit, house No. 4 and 4(1) as shown in partnership deed till 31-8-1994. Out of the suit premises, they will deliver vacant possession of 5 rooms and open portion of Kirti Lodge and symbolical possession of the Kirti Restaurant in actual possession of Roshanlal Agrawal;(2) in accordance with this compromise, of the actual possession of Kirti Restaurant is not given by Roshanlal Agrawal and...

Dattaram V. Dharwadkar and anr. Vs. Ghanashyam G. Bhende and anr.

Court: Mumbai

Reported in: 2002(6)BomCR105; (2002)4BOMLR445; 2003(1)MhLj43

V.C. Daga, J.1. Rule returnable forthwith. Respondents waive service. Heard finally with the consent of parties. This Revision Petition is directed against the Order dated 13th March, 2002 passed by the Civil Judge, Junior Division, Pernem, in Civil Miscellaneous Application No. 11 of 2002 in Regular Civil Suit No. 49 of 2000; whereby the Trial Court allowed amendment to the plaint subject to costs. FACTS-IN-BRIEF:The facts in nutshell are as under :--2. The respondents/original plaintiffs filed a suit for declaration and permanent injunction seeking declaration that the gift deed dated 7-11-1983 by which the defendant No. 1 had gifted the suit property in favour of defendant No. 2 be declared null and void and also sought permanent injunction restraining the defendants from interfering with the suit property.3. On being summoned, the defendants appeared and filed their Written Statement. The issues relevant to the pleadings were struck. The parties to the suit were asked to lead their...

Sayed Mohammed Owais Vs. State of Maharashtra

Court: Mumbai

Reported in: 2003BomCR(Cri)588; (2003)1BOMLR513; 2002CriLJ303; 2003(3)MhLj261

J.G. Chitre, J.1.The appellant is hereby assailing correctness, propriety and legality of the order of conviction and sentences passed against him by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 260/1974, whereby he convicted the appellant for committing the offences punishable under Sections 120B, 395, 120B read with Section 398, 120B read with Sections 395 and 397, Section 394 read with Sections 120B and 34, 120B read with Section 367 of Indian Penal Code. The appellant has been sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under Section 120B read with Section 395 of Indian Penal Code, rigorous imprisonment for 7 years for offence punishable under Section 120B read with Section 398 of Indian Penal Code, rigorous imprisonment for 10 years for offence punishable under Section 120B read with Sections 395 and 397 of Indian Penal Code and rigorous imprisonment of 10 years for offence punishable under Section 120B and Section 34 o...

Rajesh @ Naru Bihari Balvebane (at Present in Central Jail) Vs. State ...

Court: Mumbai

Reported in: 2003BomCR(Cri)776; (2003)105BOMLR726

V.M. Kanade, J.1. The appellant was charged under Section 302 of the I.P.C. for having committed the murder of Ramkishan on 29.1.1996, The Additional Sessions Judge, Akola, vide its judgment and order dated 31.3.1996, convicted the accused No. 1/appellant herein under Section 302 of the I.P.C and sentenced him to suffer rigorous imprisonment for life and further directed to pay fine of Rs. 3.000/-, and in default of payment of fine, to suffer further R.I. for three months. The appellant is challenging the said Judgment and order in this appeal.2. The case of the prosecution in brief is that the appellant who is the original accused No. 1 is the husband of the original accused No. 2 and they were residing with their children at Vijaynagar, Akola. The appellant and deceased Ramkishan and the original complainant -Sharda, are neighbours. The case of the prosecution is that complainant Sharda and her husband Ramkishan were working as sweepers in Municipal Council, Akola.3. On 29.1.1996, th...

Premkumar S/O Papalal Joshi Vs. Jagir Ahmed S/O Ali Raza Khan

Court: Mumbai

Reported in: (2002)104BOMLR487

D.Y. Chandrachud, J.1. The applicant is the landlord of Municipal House No, 45, situated in Ward No. 59 on Plot No. 7, of Sheet No. 13-D at Bandera in the tehsil and district of Amravati. The Respondent is the tenant in occupation. The respondent was inducted as a tenant of the premises on a monthly rent of Rs. 60/-. The tenancy commenced from the 23rd day of each English Calender month and ended on the 22nd day of the succeeding month. The respondent failed to pay the arrears of rent for the period between 23rd April, 1979 and 22nd July, 1980. The applicant moved the Rent Controller, Amravati and sought his permission to issue a notice determining the tenancy under Sub-clause 3(i) and 3(ii) of Clause 13 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949. Clause 13(3)(i) requires the Rent Controller to be satisfied that on the date of the filing of the application, the tenant was in arrears of rent for any aggregate period of six months and that he had failed to depo...

Madhav Datatraya Kulkarni Vs. Bandu Babaji Shendage, Deceased by His H ...

Court: Mumbai

Reported in: 2003(2)ALLMR219; (2003)105BOMLR1

A.M. Khanwilkar, J.1. This writ petition under Article 227 of the Constitution of India, takes exception to the order passed by the Maharashtra Revenue Tribunal, Bombay at Camp : Kolhapur dated August 7, 1989 in Revision No. MRT-KP-191 of 1984. By this order the Tribunal in exercise of its revisional jurisdiction has set aside the orders passed by the two authorities below having held that the authorities clearly misdirected in proceeding on the assumption that Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the said Act) would apply to the case on hand, whereas the case was clearly covered by Section 32G of the Act.2. Briefly stated, the land involved in this petition is bearing Gat No. 1828 admeasuring 54-6 Ares situated at Village Herle, Taluka Karvir, District Kolhapur. The suit land was originally owned by one Dattatraya Pandurang Kulkarni who died in the year 1931. He left behind his widow Laxmibai, son Madhav the petitioner herein a...

Jivan S/O Nathu Bangle Vs. the State of Maharashtra Through the P.S.O.

Court: Mumbai

Reported in: 2003BomCR(Cri)782; (2002)104BOMLR377

R.K. Batta, J.1. In these appeals, the appellants who arc brothers were tried for murder of their own brother Ramji under Section 302 read with Section 34 of the Indian Penal Code, in Session Trial No. 21 of 1996. The learned Additional Sessions Judge, Bhandara, vide judgment dated 6.2.1997 held both of them guilty for murder of Ramji under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment, besides imposition of fine of Rs. 500/- each, in default rigorous imprisonment one year. The benefit of period spent in custody during trial was given to the appellants under Section 428 of the Cr.P.C. The appellants challenge their conviction and sentence in these appeals.2. The prosecution has in all examined 7 witnesses in support of the charge. The prosecution case is that the appellants are running business of illicit liquor, which was not liked by elder brother deceased Ramji. On one occasion he persuaded them to discontinue the said busi...