Mumbai Court January 2008 Judgments
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Vinod Hingorani Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Jan-16-2008
Reported in: 2008(6)ALLMR885; IV(2008)BC1; [2009]150CompCas602(Bom); 2008CriLJ2403; 2008(4)MhLj705
ORDERV.K. Tahilramani, J.1. Heard the learned Advocate for the Applicant and the learned APP for the State. None appears for respondent No. 2, though served. Perused the reply of respondent No. 2.2. This Application challenges an order passed by the learned Magistrate issuing process upon a complaint filed for the offences punishable under Section 138 of Negotiable Instruments Act. The complaint pertains to dishonour of cheques amounting to Rs. 35092/-. One cheque is of Rs. 35,000/- and the other cheque is of Rs. 92/- only. Admittedly, the applicant is not signatory to the cheque. The order issuing process was also challenged by the applicant in revision and the revision application was dismissed by Sessions Judge, Pune vide order dated 23rd February, 2006. Both these orders passed by the learned Magistrate as well as Sessions Judge are impugned in this application.3. The learned Advocate appearing in support of this application contends that the applicant is original accused No. 4. He...
Kusum W/O Krishnaji Rewatkar Vs. Krishnaji S/O Nathuji Rewatkar
Court: Mumbai
Decided on: Jan-15-2008
Reported in: AIR2008Bom185; 2008(3)ALLMR167; 2008(2)BomCR24; II(2008)DMC113; 2008(2)MhLj314
C.L. Pangarkar, J.1. This is an appeal by unsuccessful plaintiff. She had instituted a suit for recovery of amount from defendant her husband, which she had allegedly spent for marriage of their daughters. The parties shall hereinafter be referred to as the plaintiff and the defendant. 2. The facts are as follows The plaintiff is the legally wedded wife of defendant. After the marriage, they lived together for a period of ten years. Thereafter, the defendant married with another woman and started residing separately. The plaintiff submits that she gave birth to five daughters out of the said wed-lock. It is contended by the plaintiff that since the time the defendant remarried, he never cared either for the plaintiff or the five daughters. The plaintiff was required to file application for grant of maintenance under Section 125 of the Cr. P. Code. The court had awarded maintenance of Rs. 125/-per month to the plaintiff and Rs. 200/-per month each for two daughters -Alka and Vandana. It...
Nana Baburao Kedare, Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-15-2008
Reported in: 2008BomCR(Cri)862
P.R. Borkar, J.1. All these appeals are directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No. 9 of 1989 decided on 30.04.1992, whereby all the appellants from all these appeals were convicted of the offence punishable under Section 302 r/w 149 of Indian Penal Code (IPC) and each is sentenced to suffer imprisonment for life and to pay fine of Rs. 200/-in default to undergo rigorous imprisonment for two months. All the appellants are also convicted of the offences punishable under Section 147, 148 and 152 of IPC, but no separate sentence is awarded.2. Briefly stated the facts giving rise to these appeals may be stated as below:On 01.12.1986 Kamalbai Sudhakar Ambhore (P.W.6) lodged complaint at Bhusawal Police Station stating that her brother Ashok Khare was residing in Haddiwali Chal in Bhimwadi at Bhusawal. She was also residing in the neighbourhood. One Balu had come from Goa and he was residing from sometime...
Nagpur Shikshan Mandal Through Its Secretary and Shri Dadasaheb Dhanwa ...
Court: Mumbai
Decided on: Jan-15-2008
Reported in: 2008(3)ALLMR171; 2008(2)BomCR757; (2008)110BOMLR300; 2008(2)MhLj457
R.C. Chavan, J.1. The question that falls for consideration in this Letters Patent Appeal is, whether an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 lies against an order appointing a teacher as an in-charge Assistant Head Master ?2. The appellant No. 1 Nagpur Shikshan Mandal is a Society which administers and manages appellant No. 2 School. A substantive vacancy came into being on account of retirement of the earlier incumbent in the post of Assistant Head Master. By a resolution dated 27th June 2005, the Managing Committee of the appellant No. 1 Society resolved that though a vacancy has occurred in the post of Assistant Head Master in Shri Dadasaheb Dhanwate Nagar Vidyalaya on account of superannuation of one Shri L.K.Naik, it is not necessary to fill in the post of Assistant Head Master then. It took a decision to hand over the charge of the post of Assistant Head Master to Shri B.S. Jambhule, the respondent No...
The Commissioner of Income Tax-i Vs. Nicholas Piramal India Ltd., Vita ...
Court: Mumbai
Decided on: Jan-15-2008
Reported in: (2008)215CTR(Bom)355; [2008]299ITR256(Bom)
F.I. Rebello, J.1. The revenue has preferred this appeal on the following questions:(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that Children's Education Allowance paid by the assessee to their employees at the fixed rate is exempt Under Section 10(14) only on the basis of declaration filed by the employees without verifying actual expenditure incurred by the employee & maintaining records thereof & not including the same for the purpose of taxable income for the deduction of tax at source Under Section 192 of the I.T. Act, 1961?(ii) Whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that L.T.A. paid by the assessee to their employees at the fixed rate is exempt Under Section 10(5) only on the basis of declaration field by the employees without verifying actual expenditure incurred by the employee & maintaining records thereof and not including the same for the purpose of...
Vithal Ziblaji Sonone Vs. the State of Maharashtra Through Police Stat ...
Court: Mumbai
Decided on: Jan-15-2008
Reported in: (2008)110BOMLR434
K.J. Rohee, J.1. The appellant has challenged his conviction for the offences punishable under Section 498A and 306 of IPC and sentence of rigorous imprisonment for 1 year and fine of Rs. 500/-for the former offence and rigorous imprisonment for 5 years and fine of Rs. 500/-for the latter offence imposed by the Adhoc Additional Sessions Judge-1, Wardha in Sessions Trial No. 83/2006 decided on 2.2.2007.2. The marriage between the appellant and Rekha (deceased) had taken place about 7 years before the incident. Rekha delivered a daughter. Since beginning the appellant was not doing any work. He used to consume liquor daily and used to raise quarrel with his wife Rekha. He also used to beat her often. On 20.2.2006 the appellant consumed liquor for the entire day and beat his wife Rekha. She could not tolerate the ill-treatment meted out to her by the appellant. Hence at about 5 p.m. she poured kerosene on her person and set herself on fire. She was immediately taken to Sub District Hospit...
Savita W/O Vijay Mahajan Vs. Vijay S/O Bajirao Mahajan
Court: Mumbai
Decided on: Jan-15-2008
Reported in: 2008(6)MhLj263
B.R. Gavai, J.1. Rule made returnable forthwith. Heard by consent.2. Learned Counsel appearing for the respondent waives service on behalf of the respondent.3. By way of present petition, the petitioner is seeking transfer of the proceedings viz. Hindu Marriage Petition No. 322/2006 from the Court of Civil Judge (Senior Division), Jalgaon, to the Court of Civil Judge (Senior Division), Nashik.4. The marriage between the petitioner and the respondent was solemnized on 18th January, 2004. However, it is the contention of the petitioner that immediately after marriage, she was made to reside with her parents at Nashik and that thereafter the respondent/husband left to America in connection with his job. It appears that the respondent filed Hindu Marriage Petition No. 322/2006 for a decree of divorce. The petitioner has also filed written statement to the said Hindu Marriage Petition.5. The present petition has been filed by the petitioner on the ground that the petitioner is residing with...
Commissioner of Income-tax Vs. Lok Holdings
Court: Mumbai
Decided on: Jan-15-2008
Reported in: [2009]308ITR356(Bom)
R.S. Mohite, J.1. This appeal has been filed by the Revenue on the footing that there arise three substantial questions of law as set out in paragraph 4(a), (b) and (c) of the appeal memo. The three substantial questions of law, as framed, are as under:4 (a) Question is whether, on the facts and circumstances of the case and in law, the Tribunal is right in deleting the addition on the ground that in the case of East Coast Enterprises, the Tribunal had upheld the deletion without discussing the facts of the said case of East Coast Enterprises ?(b) Question is whether, on the facts and circumstances of the case and in law, the Tribunal is right in holding that the interest income cannot be assessed as income from other sources without referring to Section 56 of the Income-tax Act and contrary to the decision of the apex court reported in Tuticorin Alkali Chemicals and Fertilisers Ltd. v. CIT : [1997]227ITR172(SC) ?(c) Question is whether, on the facts and circumstances of the case and i...
Mahatma Sahakari Sakhar Karkhana Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jan-14-2008
Reported in: (2008)(226)ELT151Tri(Mum.)bai
1. The appellant in this case is engaged in the manufacture of sugar and were allotted export quota for export of sugar by the Director of Sugar, Ministry of Food, Govt. of India as per apportionment order received from time to time as per the provisions of Sugar Export Promotion Act, 1958. Once the quota is fixed by the Central Government in respect of particular factory, they are required to deliver the same to the sugar export agency nominated by the Government and to export sugar as per the direction of the export agency. Section 7 of the Sugar Export Promotion Act 1958, states that where sugar delivered falls short of the export quota fixed for a unit, then the quantity falling short shall be chargeable to duty of excise @ Rs. 41.50 per quintal. In the present case though the quota was fixed in respect of the appellant the export agency did not require them to deliver any quota but nevertheless issued a certificate stating that the appellant have fulfilled their export obligation...
Shri Gangadhar Pandhari Harde Vs. Uttam S/O Pandhari Harde and Bhaskar ...
Court: Mumbai
Decided on: Jan-14-2008
Reported in: 2008(3)ALLMR152; 2008(2)BomCR1; (2008)110BOMLR489; 2008(2)MhLj334
C.L. Pangarkar, J.1. The plaintiff, who failed in both the courts below has preferred this appeal. The parties shall hereinafter be referred to as plaintiff and defendants. 2. The facts shorn of details are as under The property in suit was acquired by Pithuji the grandfather of plaintiff and defendant No. 2 Bhaskar. Since it was so acquired by Pithuji, it was his self-acquired property. Out of love and affection said Pithuji in the year 1957 relinquished the entire land in favour of plaintiff and defendant No. 2 and their names came to be recorded in the revenue record. The father of the plaintiff and defendant No. 2 namely Pandhari had consented to such transfer. Pithuji the grand-father died in 1958. The plaintiff's mother Girjabai is still alive. Pandhari father of the plaintiff had brought one Parvatibai as his keep in the house. This was against the wishes of Pithuji. The plaintiff submits that it is for this reason that Pithuji relinquished the property in favour of the plaintif...
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