Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238
..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Sep-19-2003
Reported in : (2003)(158)ELT759Tri(Mum.)bai
..... to rs. 4,10,27,681/- by alleging that plot no. 48 and 49 are in fact one unit and explosives emerges at plot no. 48 and 49, as a result of application of section vi of the central excise tariff act. it was further stated that bmd vehicle cannot be treated as workshop, consequently exemption granted to goods manufactured in a workshop ..... .9.1994 to dec. 1996, by invoking the extended period of limitation in terms of section 11-a of the central excise act, besides the allegation of manufacture of explosives at plot no. 48 and 49, in view of note 2 to section vi of the central excise tariff act, revenue alleged that appellant had recovered the amount of central excise duty from the customer .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-11-2003
Reported in : (2003)(155)ELT91Tri(Mum.)bai
..... made for the extended period is hit by limitation. the following judgments witness this ruling - (1) the storage in three compartments of the ingredients necessary to manufacture prepared explosives in the same van did not amount to manufacture and that the provisions of rule 2(a) of the rules for interpretation of central excise tariff did not apply. ..... and could not fall under the ambit of the aforesaid rule. the belief of the commissioner that these three ingredients carried separately in the same van were prepared explosives incomplete or unprepared form has no substance and must be rejected.5. as the second argument before him the assessees claimed that the goods on final mixing at ..... to evade payment of duty. in the absence of any specific averment to this effect, the proviso to section 11a does not come into operation. no such allegation is made in the show cause notice at all. the act of not taking a licence is described as wilful but there is nothing to sustain the invocation of the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-2003
Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994
..... : 1) he intended to threaten the unity, integrity, security or sovereignty of india, 2) he intended to strike terror in the people, 3) any section of people does any act or thing by using bombs, dynamites or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether ..... ) whoever - (a) with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2003
Reported in : (2004)2CompLJ347(Bom); [2004]50SCL641(Bom)
..... ,50,000, in both the cases.7. the respondent therefore, preferred two appeals, before the securities appellate tribunal, mumbai, under section 29 read with section 15j of sebi act on 29-8-2000, against the above orders. the said appeals were contested by the present appellant. after hearing both the parties ..... speech or law case esp. for newspaper publication, house of commons debate on bill when reported periodical statement on public work. 3. sound of explosion.as per webster dictionary 1959 edition 'information 'means: 1. knowledge communicated or received concerning a particular fact or circumstance, news information concerning a crime ..... only) for violation of regulation 3(4), sebi (substantial acquisition of shares and takeover) regulations 1997 (for short takeover regulations, 1997) and section 15a(b) of sebi act, against the respondent, (original appellant), were set-aside. thereby appeals filed by the respondent herein, were allowed. therefore, the appellants herein (original .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Mar-31-2003
Reported in : (2003)79TTJ(Mum.)1002
..... not doubted by the ao. the nature of business is manufacture of phosphorous, which is highly explosive and it is claimed that the loader is a necessity in the line of trade. in accordance with the provisions of section 32ab of the it act, 1961, the deduction was allowed to the assessee on the purchase of jcb excavator loader but ..... section 32 of the act and as such the deduction be allowed under section 37 of the act as a matter of commercial expediency as a prudent businessman would do." 4. the learned counsel for the assessee argued ..... . 1 is not pressed by the learned counsel of the assessee, hence dismissed. "cit(a) erred in upholding the disallowance of rs. 8,66,989 under section 32ab of the it act in respect of unserviceable and unusable jcb excavator loader scrapped during the accounting year and the scrap value deducted from the block of assets under .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-24-2003
Reported in : 2003(3)ALLMR25; 2003(5)BomCR58; 2004(1)MhLj856
..... affect the freedom of speech and expression of the petitioner under article 19(1)(a) of the constitution. they go beyond the parameters prescribed under sub-section (1) of section 5b of the cinematograph act, 1952. accordingly, we allow this petition and set aside the impugned order passed by the fcat and direct the respondents to issue 'u' certificate ..... directed that the slogans be deleted. the second deletion is from a speech of a dalit leader bhai sangare. this shri sangare is seen giving a speech after explosion of the atomic device by india. the speech records anguish of the speaker on the device being exploded on the day of buddha jayanti. the speaker says that ..... bomb or the comment on the hindu gods will disrupt public order. in his submission, this is not something which is permissible even under sub-section (1) of section 5-b of the act which lays down the principles for guidance in certifying the films.13. as far as the addition is concerned, mr. sebastian submitted that this was .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : I(2004)DMC695; 2004(2)MhLj767
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-20-2003
Reported in : 2003(2)ALLMR439; 2003(4)BomCR538; 2003(2)MhLj593
..... ,was not correct.it is then contended by mr. u.r. lalit,that the respondent had not been given theinformation of the notification under section 9of the land acquisition act. therefore, theaward is bad in law. we find no force in thecontention. in the absence of notice of failureto serve notice, the award ..... under theact was to be followed by operation of section 37of the act. thus these appeals by special leave.mr. u.r. lalit, learned senior counselappearing for the respondents, contends that oncethe reservation has been deleted, ..... restoring the status quo ante with a slightmodification. the high court in the impugnedorder, while upholding the validity of thenotification under section 4(1) and declarationunder section 6 of the land acquisition act, heldthat the award was not valid in law since therewas a corrigendum issued by the government.consequently, the procedure provided .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-2003
Reported in : 2003(2)ALLMR804; 2003(5)BomCR817; 2003(4)MhLj609
..... they areintegral to the armed forces. theyanswer the description of 'members ofthe armed forces' within thecontemplation of article 33.consequently by virtue of section 21 ofthe army act, the central government wascompetent by notification to make rulesrestricting or curtailing theirfundamental rights under article19(1)(c).8. however, the position as set ..... cooks,chowkidars, laskars, barbars, carpenters,mechanics, boot-makers, tailors etc. (unenrollednon-combatants governed by the civil servicerules) could be curtained under section 21 of thearmy act.' the employees therein had taken astand that they were not the members of the'armed forces' as contemplated under the article33 of the ..... the petitionerunion that its members are not liable for anyamount being deducted from their salaries andwages towards the tax under the said act. it iscontended that under section 27(a) of the saidact members of armed forces of the said unionserving in any part of the state are exemptedfrom payment .....
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