Mumbai Court January 2014 Judgments
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Naresh Bhalchandra Sawant Vs. State of Maharashtra
Court: Mumbai
Decided on: Jan-29-2014
Oral Judgment: (P.V. Hardas, J.) The Appellant / original accused No.1 who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months, by the Sessions Judge, Sindhudurg, Oros, by judgment dated 17 December 2007, in Sessions Case No. 21 of 2007, by this Appeal questions the correctness of his conviction and sentence. 2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus: P.W. 11 Police Constable Nandkumar Gosavi who on 1 April 2007 was attached to Malwan Police Station, recorded the report of P.W. 1 Chandrakala at Exhibit 26. On the basis of the said report, he registered an offence against the accused and forwarded the papers to Police Station, Achara for further investigation. 3. P.W. 12 P.S.I. Krishna Kalantre, who was attached to Police Station, Achara, had received the papers from P.W. 11 P...
Employees State Insurance Corporation, Through Its Regional Director V ...
Court: Mumbai Goa
Decided on: Jan-29-2014
The appeal is filed under Section 82 of Employees State Insurance Act, 1948 (in short, 'ESI Act') against judgment and order of EIC No.3/2004, which was pending before Employees Insurance Court, South Goa, Margao. The application filed by present respondent, business concern under Section 75 of ESI Act to challenge the orders made by present appellant, Corporation on 29/07/1998 and 17/08/2004, which were made to cover the establishment of respondent under ESI Act and to ask the respondent to give the contribution, is allowed by Insurance Court. In the present proceedings both sides are heard. 2. In short, the facts leading to the institution of appeal can be stated as follows: On 29/06/1998, one Inspector of Insurance Office of the appellant, Corporation visited the office premises of present respondent situated at Pereira Chamber, Vasco-da-Gama and he inspected the record of the employees of the respondent. Accountant of respondent produced the record like wage register, attendance re...
Janardan Saju Patil Vs. State of Maharashtra Through Police Inspector
Court: Mumbai
Decided on: Jan-29-2014
Oral Judgment: (P.V. Hardas, J.) The Appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.500/-, in default of which to undergo further rigorous imprisonment for two months by the Sessions Judge, Sindhudurg, Oros, dated 9 October 2007 in Sessions Case No.10 of 2007 by this Appeal questions the correctness of his conviction and sentence. 2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus : P.W.7 Kashiram Sawant a Police Patil of village Danoli and holding charge of the post of Police Patil of village Kesari, was informed by the Sarpanch of village Kesari on 14 November 2006 at about 10.00 a.m. about the death of the wife of the Appellant. P.W.7 Kashiram Sawant, accompanied by the Sarpanch of village Kesari went to the house of the Appellant and thereafter lodged his report at the police station. 3. P.W.11 Head Constable Santosh Gosavi who...
Ankush Vs. the State of Maharashtra, Through the Collector and Others
Court: Mumbai Aurangabad
Decided on: Jan-29-2014
1. The Revision Petitioner was objector in Misc. Application No.135 of 2007 filed by Respondent No.4-Sangeeta alias Nirmala widow of Ramrao Patil which she filed for Heirship Certificate (hereinafter Nirmala to be referred as œApplicant? and present Petitioner Akush as œNon-Applicant?). The other Non-Applicants in the Application were present Respondent Nos. 1 to 3. 2. The Civil Judge, Senior Division, Ahmedpur before whom the Misc. Application was moved, rejected the application for Heirship Certificate. The Applicant Sangita carried the Appeal No.29 of 2011 and it came up before District Judge-1 Ahmedpur, who allowed the appeal and directed issuance of Heirship Certificate. Thus the Non-Applicant Ankush has now brought this Revision Petition. 3. To understand controversy, the facts in brief can be stated to be as under: (A). The Applicant Sangita filed the application claiming to be widow of deceased Ramrao Patil who died on 27th April, 2006. It was claimed that Ramrao Pa...
Alankar Private Limited Vs. Cricket Club of India Ltd.
Court: Mumbai
Decided on: Jan-29-2014
Oral Judgment: 1. Heard Mr. Y.S. Jahagirdar, learned senior counsel for the applicants and Mr. V.A. Thorat, learned senior counsel for the respondents at length. Rule. M/s. Ashwin Ankhad and Associates waive service for the respondents. At the request and by consent of the parties, rule is made returnable forthwith and the application is taken up for final hearing. 2. By this application under Section 115 of the Code of Civil Procedure, 1908 (for short œC.P.C.?), the original defendants have challenged the Judgment and Decree dated 6-5-2013 passed by the Appellate Court of Small Causes Court at Bombay in Appeal No.456 of 2005. By that order, the Appellate Court allowed the appeal preferred by the respondents and set aside the Judgment and Decree dated 12-10-2004 passed by the learned Judge, Court Room No.11 of the Small Causes Court at Bombay in R.A.E. Suit No.1553/4747 of 1988. The Appellate Court directed the defendants to deliver vacant possession of Shop No.3-B on the ground ...
Parag Parikh Financial Advisory Vs. 130/132 Sbs Marg, Mumbai
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-29-2014
Sanjay Garg, Judicial Member: 1. The present appeal has been filed by the assessee against the order of the CIT(A) dated 24.01.12 relevant to assessment year 2008-09. The assessee has taken as many as eight grounds of appeal. However, at the outset the ld. representative of the assessee has stated at bar that he does not press grounds No.1, 2, 4 and 5. Hence, for the sake of brevity, we do not deem it necessary to reproduce the grounds which have not been pressed. There remains the following grounds of appeal are for adjudication by us. "3. The CIT(A) erred in disallowing transaction charges u/s 40(a)(ia) of Rs.8,37,889/-." 2. ITA No.3118/M/2012 M/s. Parag Parikh Financial Advisory Services Ltd. "6. The CIT(A) has gone beyond his powers to enhance the income under various heads, in particular LTCG by Rs.1,20,91,700/-." 7. The CIT(A) erred in calculating LTCG and made addition of Rs.1,20,91,700/-. 8. The CIT(A) erred in ignoring the provisions of Section 47 (xiiia). As per the said sect...
Subhash Mulchand Bhatija, Thane Vs Department of Income Tax
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jan-29-2014
N.K. Billaiya, AM: 1. This appeal by the Revenue is directed against the order of the Ld. CIT(A)-II, Thane dt.30.3.2012 pertaining to A.Y. 2005-06. 2. The sole grievance of the Revenue is that the Ld. CIT(A) erred in deleting the penalty of Rs. 43,05,000/- levied by the Addl. CIT u/s. 271D of the Act. 3. For the year under consideration the assessment was completed u/s. 143(3) of the Act vide order dt. 26.12.2007. During the course of the 2 ITA No. 4345/M/2012 assessment proceedings, the Assessing Officer observed that the assessee has provided gift entries amounting to Rs. 43,05,000/- to various parties and has declared a commission income at Rs. 1,30,200/-. The same was estimated at Rs. 2,15,250/- and addition of Rs. 85,000/- was made to the income of the assessee. The AO initiated penalty proceedings u/s. 271D of the Act on the ground that the assessee has accepted following amounts of cash deposits from various persons during the year under consideration. S. No. Name of the person ...
Mitsui Osk Lines Ltd., (Japan) Vs. Orient Ship Agency Pvt Ltd. (India)
Court: Mumbai
Decided on: Jan-28-2014
By this petition filed by the petitioner under Sections 46 to 49 of the Arbitration and Conciliation Act, 1996, petitioner seeks a declaration that the award dated 2nd February 2009 is enforceable within the meaning of the Arbitration and Conciliation Act, 1996 and is accordingly a decree of this Court and seeks direction against the respondent to pay to the petitioner the total amount of Rs.39,28,91,751.67/- and USD 1,89,342.19 and Rs.92,15,284.38/- with interest and costs. Some of the relevant facts for the purpose of deciding this petition are as under. 2. The petitioner company is incorporated under the laws of Japan and is engaged in shipping business. Respondent Company is carrying on business of agency of ocean transportation. On or about 1st April 1964, petitioner and the respondent entered into an agency agreement by which the petitioner appointed the respondent as an agent of ship's business, cargo business, passenger business and other related activities and duties in the We...
Suresh and Another Vs. the State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Jan-28-2014
S.S. Shinde, J. All these criminal appeals are arising out of the impugned judgment and order dated 08/06/2010 passed by the Sessions Judge, Parbhani in Sessions Trial No. 95 of 2010. 2. Criminal Appeal No. 304 of 2011 is filed by the accused (appellant herein) Suresh s/o Ghanshyam Chopade praying therein, to quash and set aside order of conviction for the offence punishable under section 304(II) of the Indian Penal Code. Criminal Appeal Nos. 654 of 2011 and 655 of 2011 are filed by the State thereby praying for enhancement of the sentence and for setting aside the order of acquittal of the accused and to hold that, the accused is guilty for the offence charged and he be punished accordingly. 3. The facts of the prosecution case, in brief, are as under: Complainant Shankarrao Salpe is an agriculturist by occupation. He is 40 years of age. He had 4 children. He has two daughters viz. Bhakti and Shraddha and son Vivek and deceased Shashikant was his second son. His house is situated at P...
Essar Oils Limited Vs. Central Warehousing Corporation and Another
Court: Mumbai
Decided on: Jan-28-2014
1. By this petition filed under Section 34 of the Arbitration and Conciliation Act 1996, Petitioner seeks to challenge award of the sole Arbitrator directing the Petitioner to pay an amount of Rs.52,35,842/- to the Respondents. 2. The dispute is relating to a tripartite agreement between the Central Warehousing Corporation - the Respondent No.1 Essar Oils Limited “ the Petitioner, and State Trading Corporation of India Limited “ the Respondent No.2. The tripartite agreement was executed on 18 May 2004. The agreement was signed in Mumbai. Under the agreement the State Trading Corporation had agreed for import of High Speed Diesel Oil- HSD and Motor Spirit - MS from foreign suppliers and domestic supplier from time to time and sell the same on high seas basis to Essar Oils as per the terms and conditions of Memorandum of Understanding dated 27 April 2004. It was provided under the agreement that Adani Port Limited Mundra, Indian Oil Trading Limited, Jawaharlal Nehru Port Trus...
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