Mumbai Court September 2004 Judgments
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Uttam Dulal Mandal Vs. State of Maharashtra
Court: Mumbai
Decided on: Sep-29-2004
Reported in: 2005CriLJ966
Anoop V. Mohta, J.1. The appellant-accused robbed and killed his friend deceased Kishore and the Court found him guilty and sentenced to suffer imprisonment for life for the offence under Section 302 of the Indian Penal Code. The Court has also sentenced to suffer imprisonment for 7 years for the offence under Section 397 of the IPC. The Court has further sentenced to suffer rigorous imprisonment for 6 months under Section 448 of the IPC and other related orders.2. The appellant-accused and the deceased Kishore came to Mumbai for their livelihood. The deceased was working in Zaveri Bazar Market in Mumbai. He worked with various jewellers. At the relevant time, the deceased was living in Francis Chawl at Dahisar (West). One P.W. 3 Bhaskar, as friend of Madhav in whose room Kishore was residing, was also sharing the said room with the deceased. Both were doing labour work at various places, basically in Zaveri Bazar. The appellant-accused also came to Mumbai and he was unemployed at the ...
Dinesh S/O Balkrishna Dande Vs. Somani Radio Corporation and ors.
Court: Mumbai
Decided on: Sep-29-2004
Reported in: 2005(2)MhLj800
B.P. Dharmadhikari, J.1. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner challenges order dated 31-5-1990 passed by the Resident Deputy Collector, Amravati in Review Application and seeks restoration of the order passed by the Appellate Authority under C.P. and Berar Rent Control Order granting permission to terminate tenancy of the respondents under Clause 13(3)(vi) of the said order. It is pointed out that the first Authority i.e. Rent Controller had rejected the application.2. The petitioner is landlord of the suit premises which consist of two adjacent rooms admeasuring altogether 264 sq.ft. located at Morshi Road, near Jaistambha Chowk, within the municipal limits of Amravati town. Thus, the rooms have been let-out to the present respondents on monthly rent of Rs. 285/-per month. The petitioner filed an application on or before 6th July, 1985 before the Rent Controller invoking Clauses 13(3)(vi) of Rent Control Order, 1949 and sought ...
Cce Vs. Apr Packaging Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-28-2004
Reported in: (2005)(191)ELT395Tri(Mum.)bai
1. The issue to be decided in this case is whether input, viz. alum, on which credit was availed by the respondent and which was used in the water treatment plant situated adjacent to the factory premises would be chargeable to duty and whether the invocation of extended period and imposition of penalties under Section 11 AC of the Central Excise Act, 1944 as well as under Rule 173Q of the erstwhile Central Excise Rules is correct and proper. The Commissioner (Appeals) in the impugned order held that the process of water treatment is an ancillary process in the manufacture of paper and thus Modvat availed on alum used in the water treatment plant is admissible. The Revenue is in appeal against this order. The contention of the Revenue is that credit taken on alum should have been reversed when it is removed for water treatment because such a water treatment plant is not within the precincts of the factory and since the respondent has not done so, the credit taken on alum is not admiss...
Shree Shipping Services Vs. Commissioner of Customs, Airport
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-28-2004
Reported in: (2005)(179)ELT284Tri(Mum.)bai
1. This appeal is filed against the order of the Commissioner (Appeals) who in the impugned order confirmed the order of the lower authority.2. The appellant is a clearing agent. The allegation against him is that he allowed goods to be shipped without a let export order. The goods concerned were factory stuffed and were brought into the Customs area for the purpose of export after shipping bill is passed. The appellant noticed that no permission by the Customs was accorded for factory stuffing. He, therefore, requested that the goods be examined before a let export order is given. He also informed the shipping company not to put the goods on board before the Customs formalities are completed. However, the steamer agent allowed the goods to be shipped. Under these circumstances, the present appellant was penalised for having allowed the goods to be shipped without completing the Customs formalities. From the records of the case, it is evident that the appellant has taken every precaut...
Bharati Sahkari Bank Ltd. Vs. the South Indian Bank Ltd. and ors.
Court: DRAT Mumbai
Decided on: Sep-28-2004
Reported in: II(2005)BC60
1. This Misc. Appeal is filed by the appellant/original defendant No. 3 Bharati Sahakri Bank Ltd. being aggrieved by the order dated 19.7.2004 passed by the learned Presiding Officer of Debts Recovery Tribunal, Pune on Exhibit No. 1 Original Application No. 238 of 2003. By the impugned order, the learned Presiding Officer rejected the application made by appellant Bank and held that the Debts Recovery Tribunal had jurisdiction to entertain and decide the claim against the appellant Bank. It is this order which is challenged by the appellant Bank by way of filing this appeal before the Appellate forum.2. I have heard Mr. Khurjekar for the appellant Bank and Mr. Kaushik for the respondent No. 1 Bank. I have also gone through the proceedings and the relevant provisions of the law with respect to giving of a notice, before filing of the suit, under Section 115 of the Multi State Co-operative Societies Act, 2002, so also under Section 164 of the Maharashtra Co-operative Societies Act, 1960...
Mafatlal Industries Ltd. Vs. Wto
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-28-2004
Reported in: (2005)95ITD66(Mum.)
This is an appeal filed by the assessee arising out of the order of CWT(A), XXVI, Mumbai dated 18-12-2003. The grounds raised are narrative and descriptive however, the issue raised as per grounds are decided as follows.Through first ground the issue raised is in respect of reopening of assessment and validity of order passed under section 16(3) read with section 17 of Income Tax Act.Originally a return of wealth was filed on 28-11-1997 declaring net wealth of Rs. 17,05,70,689 and the same was assessed under section 16(3) of Wealth Tax Act with a little marginal difference and assessed at Rs. 17,34,44,200. Subsequently it was noticed by Revenue Authorities that the assessee has not included the value of properties known as 'Mafatlal House' and another property 'Mafatlal Centre' in the statement of wealth. It was also noticed that the assessee was declaring the rental income from these two properties as per IT Returns under the head 'house property income'. Due to this reason, thereaft...
Mafatlal Industries Limited Vs. the Wealth Tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-28-2004
Reported in: (2005)95TTJ(Mum.)723
1. This is an appeal filed by the assessee arising out of the order of CWT(A), XXVI, Mumbai dated 18/12/2003. The grounds raised are narrative and descriptive however, the issue raised as per grounds are decided as follows.2. Through first ground the issue raised is in respect of reopening of assessment and validity of order passed Under Section 16(3) r.w.s. 17 of IT Act.3. Originally a return of wealth was filed on 28/11/97 declaring net wealth of Rs. 17,05,70,639/- and the same was assessed Under Section 16(3) of WT Act with a little marginal difference and assessed at Rs. 17,34,44,200/-. Subsequently it was noticed by Revenue Authorities that the assessee has not included the value of properties known as "Mafatlal House" and another property "Mafatlal Centre" in the statement of wealth. It was also noticed that the assessee was declaring the rental income from these two properties as per IT Returns under the head "house property income". Due to this reason, thereafter, a notice Und...
Sanjay Bhagwan Barge Vs. President, Nagrik Sahayya Kendra and ors.
Court: Mumbai
Decided on: Sep-28-2004
Reported in: 2005(1)BomCR580; (2005)107BOMLR838; 2005(1)MhLj730
F.I. Rebello, J.1. The limited issue which arises in the present petition is whether it is the Tribunal which will have jurisdiction to decide the issue as raised by the petitioner herein or as held by the Tribunal in its impugned order dated 13-10-2002 that it is the Shikshan Sevak Grievance Committee.2. A few facts may be set out for the purpose of deciding the controversy.It is the case of the petitioner that he was appointed in the school run by theNagrik Sahaya Kendra known as Dnysneshwar Vidyalaya in April, 1995 as Assistant Teacher. His initial appointment was from 26-7-1995 to 26-8-1995 and thereafter from 28-2-1996 till the period of absence on leave of Smt. Sambh. It is his case that thereafter he was issued a fresh letter of appointment and in fact by letter dated 28-9-1998 the respondents approved his appointment from 13-6-1998 onwards as on probation. The respondents intimated the petitioner by letter of 30-3-2001 that his appointment period is ending on 30-5-2001 and as s...
High School Education Society and anr. Vs. Presiding Officer, School T ...
Court: Mumbai
Decided on: Sep-28-2004
Reported in: 2005(2)ALLMR138; 2005(2)BomCR773
Dharmadhikari B.P., J.1. By this petition under Articles 226 and 227 of Constitution of India the petitioners i.e. Management and Head Mistress of the School challenge order and judgment dated 30th April, 1991 passed by respondent No. 1 School Tribunal in Appeal No. 143/88-A with further directions. Brief facts giving rise in filing the present petition are as under:2. Respondent No. 2 was employed as an Assistant Teacher by the petitioners by order dated 01-12-1986 for the period up to 30th April, 1987, During relevant period his qualifications were S.S.C., D.Ed. This order specifically stated that his appointment was purely temporary from 01-12-1986 to 30-04-1987. By order dated 01-05-1987, he was continued up to 30th April, 1988. It appears that by order dated 23-9-1988 his services were terminated with effect from the same day and he was paid an amount of Rs. 1,222/ - by cheque in lieu of one month's notice. This order is issued by Principal of Smt. Ushabai Deshmukh Junior College,...
Majid A. Oomerbhoy Vs. Rashi S. Oomerbhoy and ors.
Court: Mumbai
Decided on: Sep-28-2004
Reported in: 2005(2)BomCR844
Aguiar A.S., J.1. Contempt Petition No. 107 of 2003 is filed by the petitioner who is the uncle of respondent No. 1, partners in the erst while firm M/s. Omerbhoy, for the dissolution of which the suit being Suit No. 4913 of 2000 is pending in this Court. In the said suit an ad interim order came to be passed on 6-12-2000 whereby Court Receiver High Court, Bombay was appointed as Receiver of the partnership business and shops. Subsequently by order dated 30-7-2001 this Court (D.K. Deshmukh, J.) confirmed the order dated 6-12-2000, appointing Court Receiver as Receiver of the assets of the partnership firm of M/s Ahmed Omerbhoy. The said order of 30-7-2001 recorded a compromise/interim arrangement between the parties to the effect that the partners of the said firm shall not carry on any business on the basis of the trade mark of the said firm. By Chamber Summons No. 555 of 2001 M/s. Oomerbhoy was joined as respondent. Respondent No. 1 is the Chairman and Managing Director of the said f...
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