Court : Mumbai
Decided on : Dec-18-2003
Reported in : 2004(2)ALLMR780; 2004(4)BomCR177; [2004(101)FLR479]; 2004(2)MhLj844
..... the report wherein it is stated that the authorities then incharge of the affairs of respondent no. 2 did not issue chargesheet to the petitioner although he has committed serious act of misconduct. in the submission of mr. pradhan, the contentions of the petitioner stand fully supported and corroborated by the contents of this report and on this count also, the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-18-2003
Reported in : (2004)(165)ELT353Tri(Mum.)bai
..... level of fine and penalty determined by the tribunal in the earlier orders. it has dismissed customs application no. 27/2002 and other applications of the commissioner under section 130a of the act on the ground that determination of fine was a finding of fact. similarly, while allowing the writ petition no. 4124 of 2002 of marmo classic, it has ..... . he also points to instructions in the manual that the fine has to be equal to these norms or the margin of profit whichever is higher.6. section 125(2) of the act provides that the fine for redemption of goods ordered to be confiscated cannot exceed the market price of the goods and excise duty payable thereupon. therefore, any ..... this limit cannot be said to be contrary to law.similarly, the penalty on the importer will not be illegal if it is within the limits specified by section 112 of the act. the margin of profit, which is a contentions issue in this appeal, is only a working rule that the department accepts. the reason for basing fine upon .....
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 : Dec-17-2003
Reported in : 2004CriLJ2177
..... crime under mcoca; (b) to direct asstt. commissioner of police to effectively investigate into the complaint dated 6th october, 2003 lodged by the petitioner as contemplated under section 23(b) of mcoc act and to file a report to this court. by way of interim relief, pending the petition, he had prayed for a direction against the commissioner of police, ..... thereunder will also be without jurisdiction.'it appears that the learned counsel for the complainant in support of his contention that prior sanction as set out in section 23(2) of the act is not applicable to a private complaint entertained by the special court is relying upon the observations 'we must bear in mind that the sanction is not ..... registration of m.c.o.c.special case no. 4 of 2003 under the mcoca by the special court at mumbai fails and the bar of section 23(2) of the mcoc act as well as section 210 does not in any way come in the way of such registration. the petition is, therefore, summarily rejected.26. shri marwadi, the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : 2004CriLJ1296; 2004(2)MhLj993
..... special case no. 16 of 1991 of the offences for which she was charged, namely, those under section 8(c) read with section 21, section 28 read with section 23 of the ndps act and section 135(1)(a) read with section 135(1)(ii) of the customs act.4. all throughout this period i.e. from the date of her arrest on 29-10-1990 until ..... the petitioner.14. the sessions court was provided one more opportunity when a letter was received as stated above on 16-6-2001 from the detenu mentioning specific sections of the ndps act and her case number. the letter clearly mentions that she has been acquitted in trial, she has been further taken in custody in appeal and, therefore, her ..... . patange, it was seen that in june 2001 the prisoner had sent one letter through jailor. it mentioned the case number of the sessions case and the sections of the ndps act. the letter stated that the person concerned was acquitted by the trial court and the appeal was pending and the appeal be heard at the earliest. this letter .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : AIR2004Bom129; 2004(2)ALLMR31; 2004(5)BomCR904; 2004(2)MhLj636
..... no. 8-architect, for preparation of building proposal for construction of gymnasium and swimming pool, keeping in mind the provisions of section 44 of the maharashtra regional and town planning act, 1966. being the local authority, it was exempted from making an application in writing for permission to carry out development on ..... was illegal and contrary to law. it was also stated that tenders ought to have been invited by observing the provisions of section 79 of the bombay provincial municipal corporations act, 1949. according to the petitioner, the sports complex had been constructed in 'green belt' wherein no such construction was permissible.16 ..... connection it may be profitable to refer to the relevant provisions of the act. chapter viii of the act deals with municipal property. whereas sections 76 to 78 provide for acquisition of property, sections 79 to 81 with disposal of property. section 79 enacts that with respect to disposal of property belonging to corporation (other .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : 2004(2)ALLMR569; IV(2004)BC363; 2004(3)BomCR712; (2004)1CompLJ473(Bom)
..... that the court vacate an ex parte order dated 15 october, 2003 passed on an application for the grant of a stay under section 391(6) of the companies act 1956 ('the act'). on 15 october, 2003, on an application made by roofit industries ltd., the respondent herein, stating that the company was proposing ..... recovery tribunal, or the consumer courts, arbitration suits), and/or any interim proceedings therein, arbitration proceedings, winding up proceedings, criminal proceedings under section 138 of the negotiable instruments act, 1881 and other criminal cases relating to the non-payment of the dues to the various creditors and classes of creditors (and/or actions ..... in the company application that various proceedings are pending against the company all over the country. there are cases pending against the company under section 138 of the negotiable instruments act in various courts in mumbai. cases are pending before the co-operative courts and the labour court. there are cases which are in .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-2003
Reported in : 2004(2)MhLj800
..... to the conclusion that the order of conviction recorded against the appellant is correct, proper and legal for the reasons stated hereinunder.8. section 375 of ipc fifthly provides that with her consent, when, at the time of giving such consent, by reason of unsoundness of mind ..... evidence on record. he has rightly come to the conclusion that the appellant has been proved to have committed the offence punishable under section 376 of ipc. thus, the order of conviction deserves to be confirmed and is hereby confirmed.16. sarvashree naik and arfan sait ..... be shown leniency as he happens to be a blind. shri saste opposed it by submitting that the appellant has committed anti-social act and has committed a heinous crime.17. at the time of considering the plea of leniency, the court has to keep in view ..... in the order of the sentence. rule in both the appeals stands discharged.23. parties to act on ordinary copy of this judgment duly authenticated by the private secretary/sheristedar of this court. .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-2003
Reported in : (2004)189CTR(Bom)118; [2004]266ITR694(Bom)
..... by r. s. padvekar and shri s. d. padiyar, for the respondent-assessee. mr. rivonkar contends that the power bestowed in the commissioner by virtue of section 263 of the act cannot be whittled down on the reasoning given by the tribunal, while accepting the argument advanced on behalf of the assessee. according to him, filing of return by ..... the merits, the principal contention raised on behalf of the assessee in that appeal was that the commissioner had no jurisdiction to invoke power vested under section 263 of the act, for that power could be invoked only against an order passed by the assessing officer. the argument advanced on behalf of the assessee was that in ..... decision :'(a) whether, on the facts and circumstances of the case, the income-tax appellate tribunal was justified in holding that there was no order under section 143(1) of the act, and that the commissioner has no jurisdiction to revise such an intimation ?(b) whether, on the facts and in the circumstances of the case, the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-2003
Reported in : 2004(1)ALLMR634; 2004(3)BomCR53; 2004(2)MhLj645
..... collector enhanced the value of the goods from rs. 6/- to rs. 12/- per kg. for all the aforesaid reasons, the collector confiscated the said goods under section 111(d) of the customs act and permitted the petitioners to redeem the goods on payment of fine in lieu of confiscation of rs. 1,00,000/- and penalty of rs. 50,000/-. challenging .....
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