Mumbai Court April 2009 Judgments

Mr. Rohidas Namdeo Pokharkar Vs. Rajendra Karbhari Rahane and ors.

Court: Mumbai

Reported in: 2009(111)BomLR2180

S.S. Shinde, J.1. This application is filed by the applicant praying for setting aside the order dated 11.12.2008 passed by Additional Sessions Judge, Sangamner in Criminal Misc. Application No. 190/2008 in Crime No. I-362/2008 dated 1.12.2008 registered at Taluka police station Sangamner under Sections 306, 498-A, 323, 504, 506 read with 34 of I.P.C.2. The present applicant is father of deceased Sujata w/o Rajendra Rahane. It is the case of the applicant that his daughter Sujata committed suicide by jumping in the well due to harassment by the present respondent Nos. 1 to 4. The respondent No. 1 is husband, respondent No. 2 is brother-in-law, respondent No. 3 is mother-in-law and respondent No. 4 is father-in-law of deceased Sujata.It is the case of the applicant that the marriage of deceased Sujata was performed with respondent No. 1 in the year 2002. The respondents started giving ill-treatment to Sujata just after 1 and half years after the marriage. The respondents No. 1 to 4 gave...

Ganesh Bhandari (Currently in Judicial Custody at Aguada) Vs. the Stat ...

Court: Mumbai

Reported in: 2010CriLJ327

N.A. Britto, J.1. This appeal is by the accused, who has been convicted and sentenced under Section 20(b)(ii)(C) of the NDPS Act, 1985 for having been found in possession of 4.85 kgs of charas on 6/03/2007 at 14.05 hrs. near the road junction leading to Club Cubana at Arpora, Bardez-Goa.2. The case of the accused was one of denial simpliciter, though in the cross-examination of the witnesses examined by the prosecution, it was suggested that the accused was arrested from a party which was going on at Carona, Aldona, in connection with holi celebrations.3. The prosecution had examined 6 witnesses including the police inspector Shri Dias, who had conducted the raid, based on a prior information. After considering the evidence produced by the prosecution, the learned Special Judge came to the conclusion that the prosecution had proved, on the basis of oral as well as contemporaneous documentary evidence, that the accused was found at that place in possession of suspected drugs which were ...

Sandeep M. Shah Vs. V.D. Wakharkar and anr.

Court: Mumbai

Reported in: [2009]319ITR359(Bom)

1. The brief point involved in these matters is whether the Commissioner was justified in refusing waiver of interest under Section 139(8) and Section 217 of the Income Tax Act while for the same reasons the penalty was waived.2. To state in brief, Writ Petition No. 888 of 1994 is filed by M/s Sun & Deep Jewellers, which is a partnership firm and other two petitions are filed by the partners thereof. Admittedly, the partnership firm and the partners filed their respective income-tax returns for the assessment years 1987-88 and 1988-89 on 7-2-1990. Therefore, it is clear that the income-tax returns were submitted long after the due date. The assessees filed the returns making their own assessment of income and deposited the income-tax accordingly. The assessing officer reported that the assessments were completed under Section 143(1) accepting the income returned by the assessees for both the years. Interest under Section 139(8) and under Section 217 was charged for both the assessment ...

Mohd. Rafiq Mohd. RukmoodIn Sidhiki and anr. Vs. State of Maharashtra

Court: Mumbai

Reported in: 2009CriLJ3180

R.C. Chavan, J.1. These appeals are directed against the conviction of the appellants by the learned 2nd Additional Sessions Judge, Washim for offence punishable under Section 395 of the Penal Code and sentence of rigorous imprisonment for seven years with fine of Rs. 500/- imposed upon him.2. Facts, which led to conviction of the appellants, are as under:One Ramesh, a Salesman of Sanjay Oil Mill at Akola had supplied coconut oil tins to shopkeepers at Nanded and had collected the price paid by the shopkeepers. On 7-7-1996, he was returning in the same mini-truck along with driver Gajanan and one Machhindra. At about 10 a.m., they stopped the vehicle near Village Medshi for easing themselves. Ramesh and Machhindra alighted from the truck while driver Gajanan continued to sit. Two tempo trax vehicles came near the mini truck and 8 to 10 persons, including three Sardarjis, descended from the tempo trax. They started beating the driver of the mini truck. Ramesh and Machhindra rushed to th...

Shamal Sharad Baride Vs. Sharad Baburao Baride

Court: Mumbai

Reported in: 2009(4)BomCR669; 2009(6)MhLj573

Chandiwal K.U., J.1. Heard learned Counsel for the parties at length.2. The bitterness in father and mother has brought the life of 11 years son to lurch where father has staked his custody by filing a petition under Section 25 of the Guardians and Wards Act, 1890 and succeeded.3. The couple is blessed with three children; Shilpa born in 1993; Shailesh born in 1995 and Suraj born on 6.6.1998. The controversy centres to the custody of Suraj, the third child.4. Before we ponder upon and advert to the rival contentions addressed at Bar by the Counsel, one should not be oblivious to the legal position. The law oh the subject is almost settled. The paramount consideration in the matter of custody is only welfare of the child and not the legal rights of the parties. This has been stamped in a latest judgment by Hon Tale Supreme Court in the matter of Gaurav Nagpal v. Sumedha Nagpal : 2009(1) Bom.C.R. 58 (S.C.) : 2008 DGLS (soft) 1323 : A.I.R. 2009 S.C. 557. The Hon'ble Lordships have even ex...

Chandrahas Narayan Shetty Vs. Misribai Ramkuvar Pandit and ors.

Court: Mumbai

Reported in: 2009(5)BomCR295; 2009(4)MhLj980

Ganoo R.V., J.1. The appellant herein instituted Special Civil Suit No. 86 of 1982 in the Court of 2nd Joint Civil Judge, Senior Division, Thane for seeking specific performance against respondents in regard to 3 shops and a flat (hereinafter referred to as the 'suit property') situate within the limits of Kalyan Municipal Council to be constructed on land bearing Survey Nos. more particularly set out in the plaint.2. The learned 2nd Joint Civil Judge, Senior Division, Thane (hereinafter referred to as the learned trial Judge') decided the suit by judgment and decree dated 24th October, 1981 and rejected the prayer for specific performance. The learned trial Judge however granted money decree against respondent Nos. 1, 2 and 3 to the extent of Rs. 5,501/- alongwith the interest more particularly set out in the operative part of the judgment and decree dated 24th October, 1989. This judgment and decree dated 24th October, 1989 is challenged in this first appeal. Few facts necessary for ...

Rohini Cedric Santos Vs. Mrs. Prachi Sinha, Wealth Tax Officer and anr ...

Court: Mumbai

Reported in: (2009)506CTR(Bom)506

F.I. Rebello, J.1. This petition is against the notice dt. 29th March, 1987 whereby the WTO has issued a notice under Section 17 of the WT Act, 1957 on the ground that he has reason to believe that the net wealth chargeable to tax for the asst. yr. 1978-79 has escaped assessment.The petitioner on receipt of the notice by her communication dt. 24th April, 1987 requested for the reasons based on which the notice under Section 17 of the WT Act has been issued. Reminder was sent on 7th Oct., 1987. The petitioner has received no reply.2. It is the case of the petitioner that the petitioner had filed return of net wealth for the asst. yr. 1978-79. A revised return was filed on 19th June, 1979. The respondent No. 1 completed the assessment of the petitioner for the asst. yr. 1978-79 by order dt. 24th Feb., 1983 which was received by the petitioner on 21st March, 1983. The assessment was completed by respondent No. 1 under Section 16(3) of the WT Act. The petitioner aggrieved by the order pass...

Oshiwara Akash Ganga Co-op.Hsg.Society, Jogeshwari (W), Mumbai Vs. Est ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Justice Shri B.B. Vagyani, Honble President 1. Heard Mr. Shirish Deshpande-Advocate for the complainant. Mr. U.P. Warunjikar-Advocate for the O.Ps. 2. In brief facts of the case are as under:- Bombay Housing and Area Development Authority announced housing scheme for the people of the High Income Group on outright purchase basis somewhere in the beginning of August 1985. There were two schemes. One scheme was known as Code no.65 in which area of the flat was 642.08 sq.ft. Another scheme was known as Code no.66 in which flat admeasured 609.69 sq.ft. Both the schemes were at Oshiwara, Jogeshwari. For code no.65 tentative estimated price of flat was Rs.2,43,500/-. Expected date of completion was December 1987. Tentative price of the flat in Code no.66 was Rs.2,31,000/-. Expected date of completion was October 1986. Flats were to be allotted by lottery. The members shown in the list Exhibit B are successful candidates in the lottery drawn by O.Ps and were allotted the flats under Code ...

M/S. Genu Tyres Cold and Hot Process Vs. Shri S.G.Darbare

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order: Per Justice Shri B.B. Vagyani, Honble President Matter is being of 1999, notices were issued by the State Commission under Certificate of Posting. Notices were issued at the correct address under Certificate of posting. None present for the appellant. Heard Mr.A.J.Chougule Advocate for the respondent. We examined the judgement under challenge. Remolding work of two tyres was not done properly. Respondent paid Rs.9300/- to the appellant on 6/5/1998. Remolding work was carried out on 9/5/1998. On 9/5/1998 itself one tyre was broken. Cracks were developed in another tyre on the very same day. Having noticed the deficiency, District Consumer Forum allowed the complaint partly and directed the present appellant to pay Rs.7700/- to the respondent. Order under challenge is perfectly legal and correct. No interference is called for. Appeal filed by the appellant is without any merits. In the result, we pass following order:- Order: 1. Appeal stands dismissed with no order as to co...

Shri Chandrkant B.Koynde Vs. M/S. Sansui Kitchen Appliances (i) Ltd., ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Shri S.R. Khanzode, Honble Presiding Judicial Member: This appeal is directed against the order/award dated 22/04/2008 passed in consumer complaint no. 320/2005, Shri Chandrkant B.Koynde v/s. M/. Sansui Kitchen Appliances (I) Ltd., by Additional District Forum, Mumbai Suburban (Forum below in short). It is the case of appellant/complainant that he had purchased Sansui DVD bearing model no. 1203 for consideration of Rs.4,990/- from the shop off opposite party no.2/dealer of opposite party no.1 Some DVDs were also supplied along with the DVD. However, those goods were found defective. Therefore, complainant filed consumer complaint to recover Rs.300/- as telephone charges, visit to shop by rickshaw thro and fro Rs.3000/- towards deficiency in services, correspondence, registry charges, stationary charges and postages, harassment and unparliamentarily treatment etc., and Rs.4,990/- paid towards amount against software (defective). The main and only averments made in the complaint tow...