Mumbai Court October 2004 Judgments

Omana Purushottaman Nair Vs. Life Insurance Corporation of India and a ...

Court: Mumbai

Reported in: 2006ACJ2648; AIR2005Bom152; 2005(2)ALLMR796; 2005(2)BomCR177

Aguiar A.S., J.1. The plaintiff, the window of one K.R. Purushothaman Nair who died on 21st May, 1981 in a motor car accident has filed this suit claiming a sum of Rs. 98,934/- together with interest thereon at the rate 12% p.a. on Rs. 80,000/- being the amount payable on the Insurance Police bearing No. 16933974 (Double Accident Benefit) which was taken by the said deceased Purushothaman prior to his death from the defendants insurance company as per particulars of claim, Exhibit 'G' to the plaint.2. The plaintiff has also prayed for declarations as set out in prayer Clauses (a) and (b) in view of the fact that the defendants have disclaimed liability under the said policy contending that in fact there was no contract pursuant to the proposal for insurance made by the plaintiff since the proposer expired prior to the proposal being accepted by the defendants.3. It is the case of the plaintiff that her husband K.R. Purushothaman Nair, who expired on 21st May, 1981 had applied for Life ...

Prabhakar Nene (Dead) Through Legal Representatives Vishwas Prabhakar ...

Court: Mumbai

Reported in: 2005(1)ALLMR582; 2005(2)BomCR65

Dharmadhikari B.P., J.1. By this petition, filed under Articles 226 and 227 of Constitution of India, the original appellants in Regular Civil Appeal No. 195/2004 have challenged the order dated 13-7-2004 passed on an application under Order 41, Rule 27 of C.P.C. whereby the said application came to be rejected. This Court has on 9-8-2004 issued notice before admission for final disposal and had granted ad interim orders in terms of prayer Clause (B) thereby further proceedings in said RCA have been stayed. Hence, rule. Rule made returnable forthwith. Heard by consent of parties.2. Regular Civil Suit No. 1/2001 was instituted by present respondent against the petitioners for a decree of possession. The respondents are landlords and the petitioners are tenants. The ground, on which the decree of possession has been sought, is non payment of rent by tenants. The small Causes Court, Nagpur has on 15-3-2004 decreed this suit with costs and has directed the petitioners to deliver vacant pos...

State of Maharashtra Vs. Manohar

Court: Mumbai

Reported in: I(2005)DMC816

P.S. Brahme, J. 1. Heard Mr. Mandpe, learned A.P.P. and Mrs. Sirpurkar, learned Counsel for the respondent-accused.2. This criminal appeal is against the order passed by the Additional Sessions Judge, Amravati on 30.12.1991 in Sessions Case No. 169 of 1987, whereunder the respondent/original accused Manohar s/o Mukindrao Tayade came to be acquitted of the offence under Section 302 of the Indian Penal Code.3. The prosecution case, in brief, is that deceased Shobha, the victim in this case, was married to respondent Manohar and she was residing with him till the date of occurrence i.e., 6.6.1987. She co-habituated with the respondent and there are two female issues of the wedlock. It is admitted that the victim used to get attacks of epilepsy. It appears that the relations between the accused and his wife Shobha were not cordial. However, the cause for disharmony between them is not borne out on the evidence on record. On the day of occurrence, at about 5.00 p.m., after the accused retur...

Vishwas Pandurang Dhivar Vs. State of Maharashtra

Court: Mumbai

Reported in: 2005CriLJ2634

V.M. Kanade, J.1. Appellant is challenging the Judgment and Order passed by the Additional Sessions Judge, Pune in Sessions Case No. 610 of 1988. By the said Judgment and Order, the Additional Sessions Judge was pleased to convict the accused for having committed an offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer R. I. for 7 years and to pay fine of Rs. 500/- and, in default, to suffer R. I. for six months.2. Prosecution case in brief is that the prosecutrix was a girl aged about 16 to 17 years. She was residing in Hargude along with her parents, brothers, and sister-in-law. On 9-8-1988, Sanjana was alone in the house when the accused Prakash came to her house along with basket containing lady's fingers. He asked her whether she wanted to buy lady's fingers. Prosecutrix, however, told him that she was not interested in buying vegetables. The accused then came inside the house and embraced the prosecutrix who somehow escaped from the clutches of...

Ambica Scrap Recycling Pvt. Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(119)LC215Tri(Mum.)bai

1. M/s. Ambica Scrap Recycling Pvt. Ltd. and its Director are the appellants.2. The appellant had a factory in KFTZ (now KASEZ) and were engaged in recycling of various types of ferrous/Non-ferrous metal scrap. For this purpose, they imported various types of cable scrap; Aluminium, Copper, brass mild steel scrap etc. and re-exported the processed final products. The scrap that generated out of this process consisted of outer casing of the cabled wire. The appellants sought permission to clear it, describing it as rubber scrap on payment of appropriate duty.Permission was granted. The appellants removed 12.500 MTs of scrap. It appeared that the goods were examined before clearance. The trucks that were used for removing the goods were intercepted outside KFTZ, samples of the material were drawn in the presence of panchas on 1.1.2000 and 4.1.2000 and sent for analysis. The test resulted in the finding that that the trucks were carrying plastic scrap but not rubber scrap as declared by ...

Dhirubhai M. Shah Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(183)ELT52Tri(Mum.)bai

1. M/s. Ambica Scrap Recycling Pvt. Ltd and its Director are the appellants.2. The appellant had a factory in KFTZ (Now KASEZ) and were engaged in recycling of various types of ferrous/Non-ferrous metal scrap. For this purpose, they imported various types of cable scrap; Aluminium, Copper, brass mild steel scrap etc and re-exported the processed final products. The scrap that generated out of this process consisted of outer casing of the cabled wire. The appellants sought permission to clear it, describing it as rubber scrap on payment of appropriate duty.Permission was granted. The appellants removed 12.500 MTs of scrap. It appeared that the goods were examined before clearance. The trucks that were used for removing the goods were intercepted outside KFTZ, samples of the material were drawn in the presence of panchas on 1-1-2000 and 4-1-2000 and sent for analysis. The test resulted in the finding that that the trucks were carrying plastic scrap but not rubber scrap as declared by th...

Commissioner of Central Excise Vs. Tapi R.C.C., M.K. Kotecha, Sakri

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(186)ELT107Tri(Mum.)bai

1. These appeals directed against the order of Collector of Central Excise Aurangabad are filed by the Revenue. In the impugned order the Collector dropped the demand for Rs. 21,74,963/- made Under Section 11D of the Excise Act as unsubstantiated. Since the Collector dropped the demand raised against the Proprietor KM. Kotecha, Contractor & Engineer who owned three firms, the Revenue filed these four appeals.2. Briefly the facts are that the respondents are manufacturers of RCC and PSC pipes. They supplied the said goods to various societies for the lift irrigation scheme under works contract. The respondents cleared the goods either at 'Nil' rate of duty or at a concessional rate of duty applicable to SSI units under Notification No. 175/86 as amended. The allegation in the show cause notice is that while the respondents paid 'Nil' duty or concessional rate of duty they collected full duty from the recipients of the goods and retained the same without depositing such excess colle...

Pharma Medico India Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. As per facts on record appellants are engaged in the manufacture of P & P Medicaments on loan license basis for M/s. Satyam Pharmaceuticals Pvt. Ltd. The dispute in the present appeal relates to deduction of trade discount claimed by the appellant to the extent of 45% to 50% in respect of goods sold to M/s. Reptakos Brett and Co. Ltd. It is seen that initially against the original adjudication order confirming demand of duty, the appellant filed an, appeal before the Commissioner (Appeals) who vide his order dt. 15.12.1989 set aside the same with directions to the adjudicating authority to re-determine the assessable value, after working out expenses incurred by appellant on account of advertising, sales, promotion etc. In a sense the Commissioner (Appeals) accepted the appellants stand that the entire discount was not on account of marketing and advertising but also includes the discount which M/s. Reptakos Brett are passing to their buyers. The said order of Commissioner (App...

Bharat Forge Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2005)(179)ELT154Tri(Mum.)bai

1. The dispute in the present appeal revolves around the issue as to whether the appellant were required to debit back the same amount of modvat credit originally taken by them on the inputs when the inputs were subsequently cleared by them as such. The duty of Rs. 23,76,352/- has been confirmed against the appellant on the ground that they have cleared the inputs subsequently, at a lower value and thus debiting lower duty, as they had become obsolete due to cancellation of order by the customer, change in specification, change in design etc. Equal amount of personal penalty has also been imposed by the commissioner.2. Shri. A.G. Kulkarni (Consultant) appealing for the appellant, does not dispute that the appellant are required to pay back the same amount of modvat credit originally availed by them but submits that the demand in question is barred by limitation. Show cause notice dated 17/1/2002 was issued for the period 1998 - 2001. The inputs in question were cleared by the appellan...

Sharad Wasudeorao Kalmegh Vs. Leena Sharad Kalmegh

Court: Mumbai

Reported in: 2005(2)ALLMR662; 2005(2)BomCR143

Lavande A.P., J.1. Heard the learned Counsel for the parties.2. Admit.3. Shri A.C. Dharmadhikari, the learned Counsel waives notice on behalf of the respondent.4. By consent of the learned Counsel for the parties the matter is taken up for final disposal.5. By this petition, the petitioner challenges the order dated 8-7-2004 passed by the Judge, family Court, Nagpur in Petition No. A-467/99.6. The petitioner is the husband of the respondent. The respondent has filed Petition No. A- 467/99 before the family Court, Nagpur seeking divorce. In the course of the proceedings before the family Court the respondent herein examined herself and her witness. Thereafter, the petitioner stepped in the box and he was party examined on 12-4-2003 and his further examination-in-chief was party recorded on 3-6-2003. At this stage the present petitioner filed application dated 8-7-2004 praying that he may be permitted to produce remaining part of his examination-in-chief on affidavit as contemplated unde...