Mumbai Court February 2011 Judgments
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Amit S/O Mangalmay Mishra Vs. the State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-04-2011
J U D G M E N T: 1. Being aggrieved by the judgment and order dated 5.6.1996 passed by 4th Additional Sessions Judge, Nagpur, in Session Trial No. 424 of 1993, whereby the appellant was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, so also for the offence punishable under Section 397 of Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.500/-, in default to suffer further rigorous imprisonment for three months, the present appeal was filed.2. SUBMISSIONS :In support of the appeal, Mr.Daga, learned counsel for the appellant, made following submissions : (i) the prosecution case was solely based on the testimony of P.W.1 Natasha who stated in her evidence that she did not actually witness the incident of assault on the deceased by the appellant. She only stated that she saw the appellant running from out of the house and then boarded ...
High Court on Its Own Motion Vs. Pradeep Pandurang Suryawanshi
Court: Mumbai
Decided on: Feb-04-2011
ORAL ORDER (PER A.R.JOSHI,J.) :1. Heard rival submissions on this Suo Motu Contempt Petition initiated on the letter addressed by the learned Metropolitan Magistrate, Railway Court, Andheri imputing certain allegations against the Contemnor P.I. Shri Pradip Suryawanshi, then attached to Andheri Police Station.2. Mrs.R.K. Shaikh, Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai vide her letter dated 26th February, 2009 made representation to this Court for taking action against the Contemnor for illegal activities and giving threats to her.3. In order to appreciate the grievance made by the concerned Metropolitan Magistrate vide her letter dated 26th February, 2009, certain background is required to be mentioned in nutshell. Criminal Writ Petition No.2473/2006 was preferred by one Shri Ramprasad Gupta, an Advocate by profession for directions to the Police to investigate in the matter of alleged encounter of his brother one Ramnarayan Gupta. On 11.11.2006 or thereabout sai...
Murlidhar Haribhau Nimje and ors. Vs. Bhagwan S/O Dinbaji Jambhule and ...
Court: Mumbai Nagpur
Decided on: Feb-04-2011
ORAL :1] This Second Appeal takes exception to the judgment and order dated 23.8.2010 passed in Misc. Civil Application Nos.7/2010, 8/2010, 9/2010 and 16/2010. By the said order, Misc. Civil Appeal No. 7/2010 was allowed. The order of the Assistant Charity Commissioner dated 14th February 2010 of partly allowing scheme application No. 126/2007 came to be set aside and the scheme application no.243/2009 came to be partly modified so as to include three persons in place of one Nathu Mahadeo Ghughal, Timmbak Badkar and Vijay Murkute as adhoc trustees. 2] The genesis of the dispute involved in the above proceedings lie in the application filed under Section 41D of the Bombay Public Trusts Act, 1950. The said application was filed by one Nimje which came to be allowed by the Assistant Charity Commissioner and the Board of Trustees, which was in charge of the public trust known as "Bhartiya Shikshan Sanstha, Bhisi" came to be removed and an adhoc body of seven persons along with the Assistan...
Shri Sagar Sharma and anr. Vs. the Additional Commissioner of Incometa ...
Court: Mumbai
Decided on: Feb-04-2011
1 This petition, filed under Article 226 of the Constitution of India, is directed against the certificate dated 13th September, 2000 issued by respondent No.1 directing respondent No.2 to recover arrears of tax as due and recoverable from the deceased father of the petitioners followed by the order of attachment dated 5th March, 2003 together with prohibitory order dated 11th September, 2003 and notice dated 5th November, 2009 for settling proclamation of sale with ultimate action dated 14th January, 2010 leading to the sale by public auction and final order dated 6th May, 2010 rejecting objections taken by the petitioners contending that they are bad and illegal and contrary to the provisions of the Income Tax Act, 1961 ("Act" for short).The Facts :2 The facts in short are that on 18th March, 1978, the Trust known as M/s.Ekta Trust ("said Trust" for short) was formed for the benefit of three minors, namely, Sagar Sharma, Vishal Sharma and Gagan Sharma, all three sons of Late Harishch...
The Commissioner of Central Excise Vs. M/S Gtc Industries Ltd.
Court: Mumbai
Decided on: Feb-02-2011
J U D G M E N T 1 This appeal was admitted on the following questions of law.1 Whether in the facts and circumstances of the case and in law, the Tribunal is right in holding that no classification list is necessary as the embossing and cutting to shape of Aluminium foil is not a manufacturing process ?2 Whether in the facts and circumstances of the case and in law, the Tribunal is right in holding that the process of embossing on aluminium paper back foil and cutting it to shape for the purpose of packing of the cigarettes does not amount to manufacture ?2 This appeal is filed by the Commissioner of Central Excise, Mumbai-V challenging the order dated 19/4/2005 passed by the CESTAT. The respondent ('assessee' for short) is the manufacturer of cigarettes and falling under CH.S.H.2403.11 scheduled to CETA 1985. The assessee used duty paid paper back aluminium foil in the roll form for the purpose of packing cigarettes. In the process the cigarette roll is cut to size and got embossed wi...
Vijay Son of Purushottam and anr. Vs. State of Maharashtra
Court: Mumbai Nagpur
Decided on: Feb-02-2011
1. Appellants were charged for commission of offences under Section 302 read with Section 34, Section 304-B, and by way of additional charge, for offences under Section 498- A read with Section 34, and Section 316 read with Section 34 of Indian Penal Code.2. Accused No.1 Vilas was convicted for offences punishable under Sections 302 and 498-A read with Section 34 of Indian Penal Code, while accused nos. 2 and 3 were convicted for offence punishable under Section 498-A read with Section 34 of Indian Penal Code. All accused were, however, acquitted of offences punishable under Sections 304-B and 316 read with Section 34 of Indian Penal Code.The sentence for offence under Section 302 of Indian Penal Code was for life and fine, and it was one year and fine for offence under Section 498-A of Indian Penal Code.3. Heard both the sides.4. The bone of contention raised in support of acquittal by learned Advocates Mr. Sirpurkar and Mr. V.R. Thote for the appellants can be summarized as follows:-...
State of Maharashtra and ors. Vs. Haribhau Alias Bhausaheb Dinkar and ...
Court: Mumbai
Decided on: Feb-02-2011
:1. In Sessions Case No.72 of 2000 in all six accused came to be tried by the learned VIIIth Additional Sessions Judge, Pune, for the offences punishable under Sections 147, 148, 149, 302, 307 and alternatively under Sections 302 and 307 read with Section 34 of the Indian Penal Code. By the judgment and order dated 18th May, 2001 accused Nos. 1 and 2 came to be convicted for the offences punishable unjder Section 302 read with Section 34 and Section 307 read with Section 34 of I.P.C. They have been sentenced to suffer imprisonment for life on the first charge and R.I. For 7 years for the second charge. Accused No.6 came to be sentenced along with accused Nos. 1 and 2 for the offence punishable under Section 307 read with Section 34 of I.P.C. and he has been sentenced to suffer R.I. for 7 years and to pay a fine of Rs.4,000/-. All of them were given benefit of set-off under Section 428 of Cr.P.C. However, accused Nos. 3, 4 and 5 came to be acquitted for the offences punishable under Sec...
United India Insurance Co. Ltd. Vs. Smt. Ratna Popat Patil
Court: Mumbai Aurangabad
Decided on: Feb-02-2011
J U D G M E N T :1 The appellant Insurance Company (Original Respondent no.2) has preferred the present appeal challenging the judgment and award, rendered by the learned Chairman, Motor Accident Claims Tribunal, Dhule, in Motor Accident Claim Petition No. 1489 of 2005 on 1.4.2010.2 Notice for final disposal of the present appeal was issued by this court on 21.10.2010 and Shri R.C.Patil, learned counsel waived the service thereof for respondent no.1, as well as Shri Mukul Kulkarni, learned counsel waived the service thereof for respondent no.2. Thereafter, the matter was adjourned from time to time at the request of learned counsel for the parties and thereafter heard learned counsel for the respective parties finally on 27.1.2011. The parties are hereinafter referred as per their original status. 3 The petitioner i.e. respondent no.1 herein viz. Smt. Ratna Popat Patil, who is the legal heir of deceased Popat Shivram Patil, contends that deceased Popat Shivram Patil was her husband. Hi...
Abdul Sajed S/O Abdul Sattar Vs. the State of Maharashtra
Court: Mumbai Aurangabad
Decided on: Feb-01-2011
1. These three applications have been filed by the applicants seeking anticipatory bail in connection with CR No.157/2010 registered at Begampura Police Station, Aurangabad for offence punishable under Sections 384, 420, 468, 504 r.w. 34 of I.P.C.2. All the three applicants herein filed bail petitions before the Additional Sessions Judge-4, Aurangabad. By order dated 11.1.2011, their applications came to be rejected. Hence, these applications seeking anticipatory bail.3. The complainant Kadari Anwar s/o Kadari Jahoor, r/o Patel Planet, Jatwada Road, Aurangabad lodged complaint dated 14.12.2010 with Begampura Police Station, Aurangabad. The English translation of the said complaint, as is supplied by the prosecution, reads thus: "Date : 14/12/2010COMPLAINT(FROM MARATHI TO ENGLISH)I, Quadri Anwar S/o Quadri Zahoor Ahmed, Age : 34 yrs Occupation- Business, R/o Patel Planet Jatwada Road, Aurangabad lodge complaint before the P.S. Begampura. I reside along with my family at above mentioned ...
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