Mumbai Court August 2002 Judgments
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Kusum Dadarao Khandagale Vs. Dadarao Bajirao Khandagale and ors.
Court: Mumbai
Decided on: Aug-12-2002
Reported in: 2003(2)ALD(Cri)96; (2003)105BOMLR514
N.V. Dhabholkar, J.1. Heard respective Counsel.Rule.By consent, Rule is made returnable forthwith.2. Present revision is filed by original complainant, challenging the judgment and order dated 9.9.1999, delivered by the learned Additional Sessions Judge, Aurangabad in Criminal Revision No. 34 of 1999. The learned Sessions Judge was pleased to allow the revision filed by four, out of eight accused i.e. original accused Nos. 1, 3, 5 and 6, against the order passed by learned Judicial Magistrate First Class, Sillod, in Regular Criminal Case No. 9 of 1997, on 24.2.1999, arriving at a decision that charge under Section 494 of the Indian Penal Code, against accused No. 1 and under Section 494 read with Section 109 of the Indian Penal Code as against accused Nos. 2 to 8 was required to be framed.3. It appears that, complainant filed a prosecution against eight accused persons for the offences punishable under Sections 494 read with 109 of the Indian Penal Code, which was registered as Regular...
Sagar @ Dharamsingh @ Motilal @ Daku JaIn @ Rajput @ Kanjarbhat and or ...
Court: Mumbai
Decided on: Aug-12-2002
Reported in: (2003)105BOMLR291
V.K. Tahilramani, J.1. The instant Appeal is directed against the Judgment and Order dated 21.8.1999 passed by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No. 3 of 1997 whereby the Additional Sessions Judge convicted the Appellants who were original Accused Nos. 1. 4, 5 for the offence punishable under Sections 302 r/w 34 and Sections 396 r/w 397 of the Indian Penal Code and sentenced them to life imprisonment and fine of Rs. 1000/-i.d. R.I. for six months on each count. They were also convicted under Sections 457 r/w 34 of the I.P.C. and sentenced to suffer R.I. for seven years and to fine of Rs. 1000/- i.d. R.I. for six months. Original Accused No. 7 was convicted only for the offence punishable under Section 412 of the Indian Penal Code and punishment: of R.I. for seven years and fine of Rs. 1000/- i.d. R. I. for six months was imposed on her for the said offence.2. The case of the prosecution is that the deceased Ashok Ambre who was a doctor by profession was ...
Archana Impex Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-09-2002
Reported in: (2002)(145)ELT657Tri(Mum.)bai
1. The appellants before us are either partnership firms or individuals. The common notice issued to them alleged that goods imported by Century 21st Hi-Tech Industries Ltd. was brass scrap against 10 advance licences and cleared by it without payment of duty in terms of exemption contained in Notification 203/92 had been sold by it to 26 firms. It therefore proposed to recover duty from the importer, proposed penalty on it, its director and on the alleged buyers of the product and the custom house agent who was concerned with the clearance of the goods.2. The notice was made answerable to the Commissioner of Customs at Kandla. This Commissioner, however, did not pass any orders on the matter. The seven hearings that were scheduled by him were all adjourned for one reason or another. Subsequently, by order dated 24-8-2000, the Chief Commissioner of Customs at Ahmedabad passed orders directing the Commissioner of Customs at Ahmedabad to adjudicate upon the notice. The order passed by t...
Mathura Sarju Vs. the Divisional Railway Manager
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Aug-09-2002
Reported in: (2003)(2)SLJ388CAT
1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 for directions/orders to the respondents to pay monthly pension along with arrears and interest at the rate of 18% on the accumulated pension till the date of full payment, to pay the DCRG amount with interest at the rate of 18% p.a. and to issue the yearly complementary free passes as per eligibility of the applicant with immediate effect.2. The applicant Mathura Sarju who was working as Shunter/Driver in Bandra Marshalling Yard of Western Railway, Mumbai which is under the Administrative control of the Divisional Railway Manager, Mumbai Central Division, Mumbai No. 8 belongs to the Mechanical Department and controlled by the Mechanical Officers in the Divisional office. The applicant, Mathura Sarju during his service period was allotted Railway Quarter No. 122/A Type-II at Santacruz (East) Mumbai and he was residing there with his family. He sought voluntary retirement after completion of 30 years o...
Deputy Commissioner of Vs. Metro Shoes P. Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-09-2002
Reported in: (2002)258ITR106(Mum.)
1. This appeal has been filed by the Department against the order dated August 4, 1994, of the learned Commissioner of Income-tax (Appeals)-XII, Bombay, for the assessment year 1991-92. "1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in holding that expenditure of Rs. 2.80 lakhs incurred on tele film is allowable as revenue expenditure disregarding the fact that asset acquired with enduring benefit was to be used for the purpose of advertisement of business. He also should have followed the ratio of the decision laid down by the Bombay High Court in the case of CIT v. Patel International Film Ltd. [1976] 102 ITR 219. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) erred in deleting addition amounting to Rs. 28,117 disregarding the fact that the object of expenditure incurred on account of stamp duty related to acquisition of asset and is assessable...
D.V. Panse (Major) and anr. Vs. Laxminarayan Khar and anr.
Court: Mumbai
Decided on: Aug-09-2002
Reported in: 2003(1)ALLMR21; 2003(1)BomCR714; (2003)2BOMLR536; 2002(4)MhLj873
A.M. Khanwilkar, J.1. These writ petitions, under Article 227 of Constitution of India, take exception to the judgment and decree passed by the 7th Additional District Judge, Pune, dated 30th October 1995 in Civil Appeal No. 53 of 1990. The respondents in Writ Petition No. 786 of 1976 and petitioners in Writ Petition No. 1685 of 1997 are the landlords in respect of the premises forming part of house No. 4, Nehru Marg, Ghorpadi, Pune (hereinafter referred to as the 'landlords'). The petitioners in Writ Petition No. 786 of 1996 and respondents in Writ Petition No. 1685 of 1997 were inducted in the suit premises as 'tenants' by the former landlord (hereinafter referred to as the 'tenants'). The landlords purchased the suit property whereafter the tenancy was attorned in their favour. The landlords filed the subject suit in the Court of Small Causes, Pune being Civil Suit No. 1560 of 1986 for possession of the suit premises on the ground of default, conduct of the tenants amounting to nuis...
Khurshed Banoo W/O Murtaza Hasan (Deceased by Lrs) Vs. Vasant Mallikar ...
Court: Mumbai
Decided on: Aug-09-2002
Reported in: AIR2003Bom52; 2003(1)ALLMR42; 2003(2)BomCR627
A.M. Khanwilkar, J.1. This appeal taken exception to the judgment and decree passed by the Bombay City Civil Court, Bombay dated 23rd November, 1977 in Suit No. 1020 of 1964. The said suit was filed by the predecessor of the respondents herein against the predecessor of the appellants herein for possession of a strip of land admeasuring 142 sq. yds. or thereabout as described in Exh. A and shown in plant Exh. G bearing Plot No. 596 of Bandra Town Scheme No, 3. In the alternative, it was prayed to determine the area encroached upon by the defendant in the said suit in respect of the said plot by joint measurement taken by and under the directions of the Court as per records of the Town Planning Scheme as declared in the year 1939 and decree be passed against the defendant and in favour of the plaintiff for possession of the strip of land so determined. Further relief of injunction was prayed in the said suit. The premise on which the suit proceeds is that the plaintiff was the owner of ...
Amish Ravindra Kondra Vs. Motor Accidents Claims Tribunal and anr.
Court: Mumbai
Decided on: Aug-09-2002
Reported in: I(2003)ACC580; 2002ACJ1755
A.P. Shah and Ranjana Desai, JJ.1. Rule. The learned A.G.P. waives service on behalf of the respondents. By consent, taken up for hearing forthwith.2. The petitioner claims to be a musician by profession. On 9.11.2000, he was seriously injured in a vehicular accident. He filed an application for compensation under Sections 140 and 166 of the Motor Vehicles Act, 1988 ('the said Act' for short) in the Motor Accidents Claims Tribunal at Mumbai. The facts relating to the accident are not material for the purpose of disposal of this petition because the petition does not rest on them. Being frustrated by the procedure adopted by the Motor Accidents Claims Tribunal ('the Tribunal' for short) and the resultant delay caused in disposal of the application, the petitioner has approached this court. His prayers are aimed at securing better working of the Tribunal and expeditious disposal of the applications so as to minimise the hardships of the victims.3. Basically, the petitioner has made two g...
Deputy Cit Vs. Metro Shoes (P) Ltd.
Court: Mumbai
Decided on: Aug-09-2002
Reported in: (2004)89TTJ(Mumbai)48
ORDERA.K. JA.IN, J.M.:This appeal has been filed by the department against the order dated 4th Aug., 1994, of the learned Commissioner (Appeals)-XlI, Bombay, for the assessment year 1991-92.2. The department has raised the following grounds of appeal.'1. On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in holding that expenditure of Rs. 2.80 lakhs incurred on tele-film is allowable as revenue expenditure disregarding the fact that asset acquired with enduring benefit was to be used for the purpose of advertisement of business.also should have followed the ratio of the decision laid down by the Bombay High Court in the case of CIT v. Patel International Film ITD. : [1976]102ITR219(Bom) .'2. On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting addition amounting to Rs. 28,117 disregarding the fact that object of expenditure incurred on account of stamp duty related to acqui...
Suresh Kumar Lekhwani Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Aug-08-2002
Reported in: (2003)(2)SLJ280CAT
1. The applicant by the present application is seeking for a direction to Respondents 1 to 3 to give effect to his promotion to the post of Assistant Superintendent of Archeologist (ASA for short) with effect from 1.3.1985 i.e., the date on which respondents junior to him were promoted. He also wants a declaration that the decision of Respondent No. 2 to give effect to his promotion with effect from 1.9.86 is not just and proper particularly as on 1.3.1985. He was the senior most eligible person to be promoted as ASA. He has therefore prayed for quashing the promotion Respondents 4 to 13 and to place him above them in the order of seniority list.2. The applicant was working as Senior Technical Assistant since July, 1977. He was offered ad hoc promotion to the post of ASA vide order dated 22.1.1981. He refused the same on account of some domestic problem as he could not move out of Nagpur. He was again offered promotion on regular basis vide letter dated 24.8.1981 to the same post. He ...
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