Mumbai Court August 2006 Judgments

Bhalchandra S/O Dnyanoba Shelke and ors. Vs. State of Maharashtra and ...

Court: Mumbai

Reported in: 2006(6)MhLj209

J.H. Bhatia, J.1. Heard learned Counsel for the parties.2. By this application, the applicants seek to quash and set aside the F.I.R. bearing No. 3049/2004 registered with M.I.D.C. Police Station, Latur on the report lodged by respondent No. 3, who is original complainant, to the extent of offence punishable under Section 7(1)(d) of Protection of Civil Rights Act (for the sake of brevity Civil Rights Act) and under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity Atrocities Act).3. To State in brief the complainant/respondent No. 3 lodged a report at the Police Station on 29-12-2005 at about 3-45 p.m. about an incident which had occurred on 28-12-2005 at about 8 p.m. In the report, he alleged that he belongs to Mahar community which is a Scheduled Caste. He is Sarpanch of Grampanchayat Harangul (Bk.). On 28-12-2005 at about 8 p.m. meeting of Gramsabha was being held at Vithal Mandir. Some members of Grampanchayat, Up-Sarpanch, G...

NitIn Bhaurao Tidke Vs. Sujata

Court: Mumbai

Reported in: 2006(6)ALLMR546; 2007(3)BomCR841; I(2007)DMC446

A.H. Joshi, J.1. Parties were married at Murtizapur on 26th February, 1993.2. According to the appellant, the respondent started raising quarrels with the appellant and with appellant's mother after 3 to 5 months of normal stay at matrimonial home.According to the appellant, the wife refused to attend to the day-to-day activities in the house, such as cooking, serving the food, etc. The appellant claims that due to this behaviour of the respondent, they were allotted a separate room in the house. The respondent, however, used to remain out of house for the whole day without informing her whereabouts, and used to quarrel on inquiry.3. After birth of a child, the respondent turned more arrogant and abused the husband-appellant in a filthy language and left the house with her daughter. When the appellant went to fetch her back, he was insulted. Ultimately, she was brought back by relatives.Even on return, her behaviour remained unchanged. According to appellant, she threatened of criminal...

Jaipur Golden Transport Vs. Commissioner of C. Ex. and Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard Shri Prakash Shah, ld. Advocate appearing for the appellants.He submits that according to the Department M/s. Sarla Polyster which is a 100% EOU has clandestinely removed different kinds of Yarn from the domestic tariff area without obtaining necessary permission. He states that in the case of Modern Denim Ltd. v. CCE, Ahmedabad 2005 (191) E.L.T. 1174 (Tri. Mumbai), it has been held that such goods clandestinely cleared without permission is eligible to full exemption under Notification 125/84-C.E. (for the basic duty) read with Notification 174/84-C.E. (for additional duty), and that the Department's appeal to the Hon'ble Supreme Court in that case has been dismissed. Therefore, he argues that the ratio of the decision in the case of Modern Denim Ltd. (supra) is applicable to the facts of the present appeals and the same are required to be allowed. He also states that if the appeals are allowed on this issue, there is no need to argue on other issues involved in this case. T...

Top Man Exports Limited Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

2. The main allegations against the appellants/exporters are that they have misdeclared the description of certain items exported by them. The alleged motive behind this to avail DEPB credit. Further they have also misdeclared the present market value of their export consignment. The exporter's contention is that they have not resorted to over invoicing since they have received the full transaction value of these goods from the overseas buyers and have submitted the bank realization certificate to that effect. Accepting these contentions, the Commissioner of Customs dropped the charges. However, he has upheld the department's stand in respect of misdeclaration of description of goods. Hence, the Commissioner of Customs has ordered for the recovery of DEPB credit already sanctioned.3. The learned Counsel for the appellants contends that it is not within the competence of the Customs Authorities to disallow the DEPB credit which has already been granted by the DGFT. In support of this, ...

Shreenath Dye Chem Industries Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2006)(111)ECC655

1. By the impugned order, the Commissioner of Customs, Mumbai has confirmed duty demand of Rs. 4,41,36,757/- on Polyvinyl Alcohol (PVA) imported duty free under Advance Licence and not used in the manufacture of export goods but diverted in the local market, and imposed penalties of Rs. Two crores on the importer M/s. Shreenath Dyechem Industries and its Proprietor Smt. Protima Buta, penalty of Rs. One crore on Shri Jayant Buta, husband of the proprietor and Rs. Fifty lakhs on M/s. Prekoll for aiding and abetting the importer 2. The brief facts of the case are that M/s. Prekoll was manufacturing chemical of which Shri Jayant Buta was a partner and also Power of Attorney holder of M/s. Shreenath Dyechem Industries. Certain exports were made by M/s. Shreenath Dyechem Industries of substance which was not of the same quality as they were claimed to be, on the concerned export documents, and they were of extremely low commercial value. The exports were called as qualifying exports for obt...

Prabhakar Appasaheb Bhise Vs. the State of Maharashtra

Court: Mumbai

Reported in: I(2007)DMC562

Nishita Mhatre, J.1. The appellant has challenged his conviction under Sections 302 and 498A of the Indian Penal Code and the sentence imposed upon him by the Additional Sessions Judge, Pandharpur. 2. The case of the prosecution in brief is that the accused appellant subject the deceased, his wife, to cruelty by often beating her. This beating was on account of his un-satiated demands for money. The deceased Mangal was married to the appellant for about 10 yeas and they had two daughters. The appellant worked on agricultural lands alongwith his wife. He desired to install a pipeline for his lands for which he required Rs.15000/-. He insisted on Mangal satisfying this demand for money through her parents and brother. It appears that the parents of the deceased were unable to satisfy this demand. The appellant, therefore, dropped her at her brother's place. After eight days on 7.3.2000, when Mangal was having her afternoon nap, the appellant entered the house and pulled her out of the ho...

Lionel Edward and India Steamship Employees Union Vs. India Steamship ...

Court: Mumbai

Reported in: 2007(2)BomCR843; [2006(111)FLR1134]; 2006(6)MhLj503

D.Y. Chandrachud, J. 1. These proceedings under Article 226 of the Constitution arise out of the dismissal of a complaint under items 1(b) and 1(d) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 2. The complaint before the Labour Court originated in a notice of closure that was issued by the Second Respondent on 7th February, 1992. By its notice, the management intimated its decision to close down its Mumbai office situated at 41, R.K. Marg, Ballard Estate, inter alia on account of 'heavy losses' and 'uneconomic future for liner services' which constituted the main work handled by that office. 37 employees were engaged in the office at Ballard Estate and they were informed that individual notices together with the closure compensation and other legal dues were being dispatched. It is an admitted position that accordingly closure compensation together with all the terminal dues came to be paid to the workmen under Secti...

Motilal Chouthiprasad Varma Vs. State of Maharashtra

Court: Mumbai

Reported in: 2007CriLJ561

V.G. Palshikar, Actg. C.J.1. Being aggrieved by the judgment and order dated 25th April, 2000 passed in Sessions Case No. 353 of 1999, by the learned Additional Sessions Judge, Pune, the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us during the course of the arguments.2. We have, with the assistance of the learned Advocate for the appellant and the learned Additional Public Prosecutor, scrutinised the entire record and re-appreciated the evidence.3. The case of the prosecution, as is disclosed on such re appreciation, stated briefly, is that deceased Alok Narayanrao Kirdak, is the husband of Parinita Alok Kirdak who is examined as P.W. 2. The deceased had a motor garage at Somatana Phata on Bombay-Pune Road. He had one Balu Ramkisan Disle as a Helper working with him. He has examined him as P.W. 4. Ashish Gamson Dethe (P.W. 5) was also working with the deceased as a Painter. The accused was working in ...

Shankar Shridharrao Deshmukh Vs. Vyankatesh Shankarrao Deshmukh and or ...

Court: Mumbai

Reported in: 2007(1)MhLj541

ORDERA.H. Joshi, J.1. Heard.2. Admission of this second appeal is opposed by the learned Advocate for the respondents relying upon recent judgment of Supreme Court reported in AIR 2006 SC 1975, Gurdev Kaur and Ors. v. Kaki and Ors.3. On the contrary, Learned Advocate Mr. Chaudhary has placed reliance on the judgment reported in 2001 (2) Mh.LJ. 786, Santosh Hazari v. Purushottam Tiwari.4. According to learned Advocate Mr. Chaudhary, three Judges Bench of Hon'ble Supreme Court in Santosh Hazari's case supra, has dealt with and decided all submissions, on the point as to what is exact meaning of 'a substantial question of law' in second appeal under Section 100 of Civil Procedure Code.5. According to Mr. Chaudhary, Their Lordships of the Supreme Court discussed in para 12 of said judgment the case reported in ILR 1952 Mad 264 a judgment of Full Bench of Madras High Court, where Lordships of Madras High Court held as follows:12. If the question is settled by the highest Court or the genera...

Aparant Iron and Steel Pvt. Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. Heard both sides. The issue involved in all these appeals is common.Therefore, they are being taken up together and are being disposed of by a common order.2. The appellants are manufacturers of pig iron as final product and availed Cenvat credit on furnace oil used as fuel in the factory.During the process of manufacture of pig iron, certain waste products i.e. blast furnace slag, coke breeze, etc. emerges. The contention of the department is that since un-granulated slag, coke breeze, etc.attracts nil rate of duty, the appellants are not eligible to Cenvat credit on the quantity of furnace oil used as fuel in the manufacture of un-granulated slag in terms of Rule 6(1) of Cenvat Credit Rules, 2002/2004. The Deputy Commissioner has passed order in original confirming the demand of Cenvat credit on the furnace oil used in the manufacture of final product. The order in original has been confirmed by the Commissioner (Appeals), Goa. Hence, these appeals.3. The learned Counsel for the ...