Mumbai Court February 2005 Judgments
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JaIn Trading Co. Vs. Union of India (Uoi) and ors.
Court: Mumbai
Decided on: Feb-01-2005
Reported in: (2005)195CTR(Bom)324; [2006]282ITR640(Bom)
1. Rule. Rule made returnable forthwith. Heard the learned counsel for the petitioner and the respondents. The learned counsel for the respondents waives service. By consent taken for hearing.2. By this petition, the petitioner is challenging the order dt. 28th Aug., 2003, passed by the Tribunal with regard to a miscellaneous petition filed by the petitioner for rectification of mistake under Section 254(2) of IT Act, 1961.3. The Tribunal had passed an order on 19th May, 2003, pertaining to asst. yr. 1999-2000. The petitioner found certain apparent mistakes in the aforesaid order. Therefore, the petitioner filed a miscellaneous application under Section 254(2) of IT Act, 1961, for rectification of those mistakes. Shri Shivram by way of example pointed out that with regard to para 11 of the above order of Tribunal, the petitioner had pointed out as under in the said miscellaneous application :'The survey party verified the purchases and sales bills and in majority of bills, GP rate work...
State Bank of India Vs. Smt. Mangalabai G. Deshmukh and ors.
Court: Mumbai
Decided on: Feb-01-2005
Reported in: AIR2005Bom221; 2005(3)ALLMR289; I(2006)BC513; 2005(4)BomCR207; 2005(2)CTLJ21(Bom)
K.J. Rohee, J.1. The appellant original defendant No. 1 (hereinafter referred to as the 'Bank') preferred this appeal against the judgment of the District Judge, Yavatmal in Regular Civil Appeal No. 112 of 1985 decided on 30th March, 1988 directing the Bank to return the gold ornaments to the respondents i.e. original plaintiff Nos. 1 to 3 and defendant No. 2 (hereinafter referred to as the 'plaintiffs') on payment of the principal amount with interest for three months namely June 1982 to August 1982 by setting aside the judgment of the Civil Judge, Junior Division, Wani dismissing Regular Civil Suit No. 168 of 1983 on 27th March, 1985.2. For the purposes of this second appeal the facts which are not in dispute are that on 14-4-1979 one Gopalrao Deshmukh obtained loan from the Bank by pledging gold ornaments. Account Nos. 27/18 and 27/19 were operated. On the same day Gopalrao Deshmukh gave a declaration in writing (Exh. 21) that the gold ornaments belonged to him and no other person h...
Virumal Ladharam Rajani Vs. Shat Aayu Hospital and Research Centre and ...
Court: Mumbai
Decided on: Feb-01-2005
Reported in: 2005(2)ALLMR617; 2005(4)BomCR238; 2005(3)MhLj671
Dharmadhikari B.P., J.1. Heard Shri Srivastava, Advocate for the petitioner and Shri Solat Advocate for respondents Nos. 1 and 2.2. Rule. Rule is made returnable forthwith, by consent of the parties as per order dated 28-6-2004. Nobody appears for respondent No. 3, though served, A.G.P. appears for respondent No. 4.3. By this writ petition under Article 227 of the Constitution of India, the petitioner, a consumer, who has filed a dispute before the District Consumer Forum, Nagpur, challenges the order dated 31-1-2004 passed by the Consumer Forum whereby it has rejected his prayer to call for expert opinion from the Civil surgeon. The Civil Surgeon, Nagpur, is respondent No. 4 in the present petition.4. It appears that the petitioner has filed a complaint before the District Consumer Forum, Nagpur, against respondent Nos. 1 and 2 claiming compensation of Rs. Five lakh on account of gross medical negligence in the matter of treatment of his deceased son. The claim filed by him is denied ...
State Vs. Vazir Hakki
Court: Mumbai
Decided on: Feb-01-2005
Reported in: 2005CriLJ2719; II(2005)DMC588
N.A. Britto, J.1. This is a State's appeal against acquittal of the accused under Section 302, I.P.C. by judgment/order dated 30-6-2003 of the learned Ist Additional Sessions Judge, Panaji, in Sessions Case No. 18 of 2001.2. There is no dispute that the accused and the deceased-Nacima Banu got married, both for the second time, on 18-2-2001 and the deceased-Nacima Banu suffered burn injuries to the extent of 75 to 77% on 7-3-2001 at about 6 a.m. She was taken to the Goa Medical College, admittedly on a rickshaw being arranged by Allauddin, the brother of the accused and was accompanied by their respective mothers-in-law. As stated by P.W. 7/Dr. Silvano Dias Sapeco, Nacima Banu expired on 13-3-2001 at about 2.25 p.m. due to Septicaemia consequent to the infected body surface area flame burns which were fatal in the ordinary course of nature. Although, the diagrammatical depiction of the burn injuries of the deceased-Nacima Banu shows that the said injuries were predominantly on the fron...
Caitan Fernandes Vs. State of Goa Through Chief Secretary and ors.
Court: Mumbai
Decided on: Feb-01-2005
Reported in: (2005)107BOMLR812a
A.P. Lavande, J.1. By this petition, the petitioner seeks refund of an amount of Rs. 36.13.32 from the respondents.2 The petitioner was convicted by judgment and order dated 31.3.1994 by the Special Judge. NDPS Court, Mapusa, Goa in Special Criminal Case No. 19/1993 for having committed an offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default to suffer S.I. for one year. The appeals preferred by the petitioner was dismissed by this Court on 21.12.1994. Special Leave Petition preferred before the Supreme Court was also dismissed on 5.8.1996.3. On 27.1.2004, the petitioner had already undergone R.I. for 10 years, as well as the imprisonment for a period of four months and ten days in default of payment of fine. On the same day. the petitioner paid the entire fine amount of Rs. 1,00000/- in the office of respondent No. 3.4. Mrs. Dessai, learned Cou...
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