Mumbai Court January 2008 Judgments

State of Maharashtra Vs. Haresh Mohandas Rajput

Court: Mumbai

Reported in: (2008)110BOMLR373

S. Radhakrishnan, J.1. By filing the above Appeal No.1020 of 2001 the Appellant-State is seeking the enhancement of sentence awarded to the Respondent-original accused by the Additional Sessions Judge, Pune. Whereas, by filing the Appeal No. 401 of 2002, the original-accused is challenging the judgment and order of conviction and the punishment of Life Imprisonment awarded for the offences punishable under Section 376 and 302 of the Indian Penal Code by the learned Additional Sessions Judge, Pune.2. The facts of the case in a nutshell are, as under:he family of original Complainant was doing small business of selling of edibles and handkerchiefs & socks on the streets in Pune. Complainant (P.W. No. 1) is the mother of victim girl, P.W. No. 2 Ashok Kriplani is the husband of Complainant and P.W.3 Nitesh and Madhuri are their children. The accused Haresh Rajput is the neighbour of complainant and he was residing with his son Khushal and his old mother and he was working in a liquor shop ...

Tata Sports Club Vs. Ratilal B. Ravji and A.B.M. Sheikh, Presiding Off ...

Court: Mumbai

Reported in: 2008(2)ALLMR645; 2008(4)BomCR871; [2008(117)FLR154]; (2008)IILLJ507Bom; 2008(2)MhLj687

D.G. Karnik, J.1. This appeal is directed against the judgment dated 11th July 1997 of a learned Single Judge in Writ Petition No. 2568 of 1994. By that judgment, the learned Single Judge allowed the writ petition filed by the respondent No. 1 workman and remanded the matter back to the Labour Court for deciding the reference afresh.2. The appellant - Tata Sports Club - is a sports club. The directors, officers and employees of the Tata Group of companies and associated companies and such other organisations as the Managing Committee may determine from time to time residing in he local area of the Club are only eligible for its membership. The main objects of the Club, inter alia, are to organise, promote and afford facilities for indoor and outdoor games, any form of athletics, sports, recreation, sporting events, social meetings, entertainments, exhibitions or displays, and to organise meetings for the aforesaid purposes. The appellant has employed several employees to carry out its ...

Shri Krishna Dnyandeo Lad Vs. Chairman, Rahmatpur Panchkrushi Shishan ...

Court: Mumbai

Reported in: 2008(5)ALLMR282; 2008(2)BomCR20; (2008)110BOMLR560; [2008(116)FLR922]; 2008(4)MhLj309

B.H. Marlapalle, J.1. This petition impugns the common Judgment and Order dated 2/9/1992 rendered by the School Tribunal, Pune Region, Pune thereby dismissing Appeal No. 9 of 1991 and Appeal No. 27 of 1991 filed by the present petitioner. The petitioner holds the qualification of M.A. (II class) with Diploma in Higher Education. He was working as an Assistant Teacher and when he came across the advertisement released by the respondent No. 1-society for the post of Lecturer in English in its Junior College of Arts, Commerce and Science at Rahimatpur, Taluka Koregaon, District Satara, he applied for the same. Though all the posts so advertised were reserved, the petitioner was appointed on temporary basis for the academic year 1986-87 as per the appointment order dated Nil and with effect from 11/6/1986 in the payscale of Rs.600-30-1050 and at the end of the academic year he was given notice regarding the completion of his tenure. In this fashion he continued after the academic year 1989...

The Commissioner of Customs (General), Mumbai Custom Zone -i Vs. Ganno ...

Court: Mumbai

Reported in: 2008(2)BomCR6; (2008)110BOMLR287; 2008(124)ECC178; 2008(150)LC178(Bombay); 2009(236)ELT652(Bom)

F.I. Rebello, J.1. The respondents herein was having a CHA License valid upto 31st December, 2006. It appears from the record that they have appointed one Shri Girish P. Manjeshwar, who was a Regulation 9 Pass holder (now Regulation 8 as per CHALR, 2004). The said employee tendered his resignation. The respondents by letter dated 10th August, 2004 accepted the resignation with effect from 14th August, 2004 and relieved him from the services of the Company as per the terms and conditions of the appointment letter. As the respondents did not have a Regulation 9 pass holder they surrendered his pass on 18th November, 2004 as though they had made attempts to get a qualified person they were not in a position to get one. The Commissioner of Customs (General) vide notice No. 116/06 dated 8th August, 2006 made the license of the respondents inoperative. The respondents vide their letter dated 17th August, 2006 wrote to the Commissioner of Customs (General) that they were shortly employing a q...

The State of Maharashtra Vs. Dnyaneshwar Haribhau Kulal

Court: Mumbai

Reported in: 2009(2)MhLj107

S. Radhakrishnan, J.1. The above confirmation case has been filed by the State of Maharashtra seeking confirmation of death penalty imposed upon the Accused Dnyaneshwar Haribhau Kulal by the learned Sessions Judge, Satara, by his judgment and order dated 18th November, 2006 for the offence punishable under Section 302 of the Indian Penal Code. Over and above, the accused is also convicted for two years rigorous imprisonment and to pay a fine of Rs. 1000/-and in default six months R.I. for the offence punishable under Section 201 of the Indian Penal Code. As provided under Section 366 of the Cr.P.C. the proceedings have been submitted to this Court for confirmation of the death penalty. The Appellant/ Accused in the above Criminal Appeal No. 464 of 2006 has challenged the above judgment and order dated 18th November, 2006 convicting him and sentencing him to death.2. The brief facts of the case are that P.W.7- Tanaji, the complainant is the resident of Kulal Vasti, Taradgaon, Taluka Pha...

D.R. Cosmetics Pvt. Ltd. and anr. Vs. J.R. Industries

Court: Mumbai

Reported in: AIR2008Bom122; 2008(2)ALLMR1; 2008(2)BomCR28; (2008)110BOMLR307; LC2008(1)203

D.Y. Chandrachud, J.1. The Plaintiffs seek interlocutory relief in an action for passing off and infringement. 2. The First Plaintiff is a Company incorporated under the provisions of the Companies' Act, 1956. The Second Plaintiff is a Director of the Company. Prior to the incorporation of the First Plaintiff, a business of manufacturing and marketing soap strips was carried on by a proprietary firm of Dhanvantrai Ramshankar Joshi. The case of the Plaintiffs is that the First Plaintiff was incorporated on 30th March 1999 to convert, as a going concern, the existing proprietory business together with its name, goodwill, licence, assets and liabilities into a corporate entity. The First Plaintiff was initially known as Dhanvantrai Ramshankar Cosmetics Pvt. Ltd. In pursuance of a certificate issued on 21st May 2002 by the Registrar of Companies, the name of the Company has been abbreviated to D.R. Cosmetics Pvt.Ltd. The Directors of the Company are members of the family of the erstwhile p...

Laxman Tikamdas Sippy and anr. Vs. Omprakash Tulsidas Wadhwa and ors.

Court: Mumbai

Reported in: 2009ACJ819

Abhay S. Oka, J.1. By preferring this appeal the appellants have taken exception to the judgment and award dated 22.8.91, passed by the learned Member of the Motor Accidents Claims Tribunal at Pune in a claim petition under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the said Act of 1939'). The appellants and the respondent No. 4 are the original claimants.2. With a view to appreciate the submissions which are made in this appeal, it will be necessary to refer to the facts of the case in brief. The appellants and the respondent No. 4 filed a claim petition on 22.11.1983 claiming compensation on account of injuries sustained by their father Tikamdas Shamdas Sippy on 31.5.1983 in a motor accident. According to the case made out in the claim petition, the said Tikamdas (since deceased) was crossing the Ambedkar Road at Pune opposite the Nehru Memorial Hall along with his friend Chandmal Gangaramani. At that time a scooter bearing registration No. MZF 8412 dr...

Zf Steering Gear (India) Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. We have heard both sides on the application for waiver of service tax of Rs. 8,86,712/- and penalty of equal amount under Section 78 + penalty of Rs. 1,000/- per return under Section 77 + penalty of Rs. 100/- per day under Section 76 of the Finance Act, 1994. The service tax has been demanded on royalty paid for licence to vise know-how, treating it as consulting engineer services.2. Ws find that prima facie case for waiver has been made out by the applicants in the light of Tribunal's orders in Ispat Industries Ltd. v. CCE, Raigad 2007 (8) STR 282, particularly noting that in this case also the assessee had disputed that the German firm was not an engineering firm and there is no material on record prima facie, which has been produced by the Revenue to rebut the stand of the assessee, and the decision in the case of Bajaj Auto Ltd. v. CCE, Aurangabad reported in 2006 (3) STR 411. The finding of the Commissioner that the payments have to be apportioned between rendering of services...

The Income Tax Officer Vs. Ellora Silk Mills Pvt. Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. These are six appeals by the department against the order of the CIT (A) relating to assessment years 1996-97 to 2001-02.2. In appeal for AY 1996-97 to 2000-01, the department is objecting in quashing the notice Under Section 148 for initiating proceedings Under Section 147 holding the reassessment proceedings Under Section 147 and the notice Under Section 148 issued by the Assessing Officer for all these assessment years as invalid and void ab-inito ignoring and without appreciating the evidences on record, the opportunity of being heard given to the assessee and the correct factual and legal position of the case. In appeal for AY 2001-02, the department is objecting in directing the Assessing Officer to assess the income from warehousing activity and handling charges as income from business without appreciating the fact that the assessee is in respect of fixed sum on monthly / annual basis from the parties for the use of go-down and further, the TDS certificates furnished by the ...

Parmanand Patel and Indu Patel Vs. Sudha Chowgule and ors.

Court: Mumbai

Reported in: 2008(2)ALLMR694; 2008(2)BomCR567; (2008)110BOMLR475; 2009AIRSCW2272

S.A. Bobde, J.1. Chamber Summons No. 456 of 2007 is by Indu Parmanand Patel, who is plaintiff No.2 in Suit No. 2435 of 2005 along with her late husband Parmanand Patel, the plaintiff No.1. She is on record under Order XXXII Rule 15 of the Code of Civil Procedure as a next friend of her late husband Parmanand Patel, who suffered from mental infirmity and incapacity and was not capable of protecting his interests. By this chamber summons she has prayed for being impleaded as plaintiff in place of the deceased plaintiff No.1 i.e. Parmanand Patel. 2. In brief, in Suit No. 2435 of 2005 the deceased Parmanand Patel has, through his wife and next friend Indu Patel, sued for a declaration that the purported will predominantly in favour of his elder daughter Sudha Chowgule and the purported gifts almost wholly in favour of the said daughter are void having been got executed by the said daughter by exerting undue influence on him. 3. Chamber Summons No. 457 of 2007 is by Jaya Patel, the daughter...