Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2003(2)ALD(Cri)59; 2003BomCR(Cri)937
..... magistrate later. it is obvious that unless the order made and the grounds prepared are signed by the authority concerned, the order is not made as contemplated by section 3 of the act. furthermore, since the order is based on grounds to be served on the detenu, the order of detention could be passed only if the grounds are in ..... of total non application of mind and is therefore liable to be quashed.12. as against this, mr. mhaispurkar contended that if statement of the detenu under section 108 of customs act is read carefully and fully along with the statements of the other co-detenus, it is clear that not only there is an admission by the detenu of ..... was intercepted and upon his search of the hand bag 54 gold bars valued at rs. 30,53,960/- were recovered from him.4. the statement under section 108 of the customs act was recorded so also statements of vinay ramakant narvekar and chandrabhan singh who were his accomplice, were recorded. it was revealed that the detenu had indulging in .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2004(1)MhLj487
..... complainant or the substance of the examination recorded by the magistrate in view of section 200 of the code. the intention is very much lacking which is the soul of the definition of criminal intimidation. the intention can be gathered by the words uttered, sentences uttered and the act which follows such utterances. it can be gathered by surrounding circumstances also. how ..... not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.'here the allegations have been hurled at random in a scattered way. no ingredients as indicated by section 503 defining criminal intimidation has been brought in picture either by .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2003(6)BomCR775
S.G. Mahajan, J.1. By this miscellaneous civil application the applicant, who is the original revision-petitioner is Civil Revision Application No. 402 of 2002, is seeking review of the judgment & order passed by this Court on 16th August, 2002 in the said revision application.2. The applicant is the tenant and the non-applicants are the L.Rs. of the deceased landlady. By the notice dated 26-5-1994 the landlady terminated the tenancy of the applicant/tenant with effect from the midnight of 10-7-1994 and 11-7-1994. The landlady thereafter filed a suit for recovery of possession, being Small Causes Suit No. 59/94, in the Court of Joint Civil Judge Senior Division, Yavatmal. The learned Joint Civil Judge, Sr. Dn., Yavatmal held that the notice issued by the landlady was valid. He accordingly passed the decree for the recovery of possession and for payment of damages & mesne profits. The applicant/tenant thereupon preferred Regular Civil Appeal No. 55 of 1997 which came up for hearing befo...
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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-11-2003
Reported in : (2003)(162)ELT666Tri(Mum.)bai
1. the question for consideration in this appeal is the eligibility to exemption contained in notification 211/83 and the liability to confiscation under clause (d) of section 111 of the act of goods described as data processing machines that the respondent imported.notice issued to it proposed to deny the benefit of the exemption and to confiscate them on the ground .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Mar-11-2003
Reported in : (2003)(154)ELT468Tri(Mum.)bai
..... compass. after waiving pre-deposit and with the consent of both sides this order is being passed. (a) the scope of levy of duty under first proviso of section 3 of central excise act, 1944 at the relevant time, which reads as under : - "provided that the duties of excise which shall be levied and collected on any excisable goods which are produced ..... levy on the goods supplied under the provisions of para 9.10(b) of exim policy, then that levy has to be central excise duty under the main section 3 of the central excise act, 1944 as per board's circular no. 618/9/2002-cx, dated 13-2-2002, and this matter has to be remanded back to redetermine the duty ..... of para 9.10(b) of the exim policy during the period july-august, 2000. they have appealed against the demand of duty of excise under section 3 read with section 11a(2) of the central excise act, 1944 and a penalty imposed under rule 209a of the central excise rules, 1944. appellant no. 2 is director of appellant no. 1 on whom .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : 2003(2)ALLMR409; 2003(3)BomCR481
..... government resolutions, set up scrutiny committees for the verification of caste and tribes claims. these committees now find statutory recognition in the provisions of the act. section 3 of the act requires any person belonging to a reserved category who seeks a benefit in public employment, for admission into any educational institution or for contesting an ..... of land revenue and the election of such person shall be deemed to have been terminated retrospectively.' a criminal offence and penalty is provided for in section 11 of the act in the following terms:'11. (1) whoever, - (a) obtains a false caste certificate by furnishing false information or filing false statement or documents ..... the caste certificate is that it is based on a false claim or declaration by such person claiming to belong to a reserved category. in section 10(4) of act xxiii of 2001, the disqualification is attracted where a person has contested an election for a local authority, co-operative society or statutory body .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : AIR2003Bom351; 2003(3)ALLMR148; 2003(3)BomCR1; 2003(2)MhLj742
..... . in paragraph 5, the court observed:'having considered the respective contentions, the question that arises for consideration is : whether publication of the notification under section 10(3) of the act in the gazette is in accordance with law? no doubt, this question was not squarely put in issue before the high court in the manner in ..... and void and land would be reverted back to the government. it was denied that conditions laid down in the order dated 11th january, 1984 under section 21 of the act made conditions of sanad ineffective, nugatory and inoperative. it was stated that the land was given for dwelling houses of employees of the petitioner company, ..... been given, they had been heard and excess land over the ceiling limit had been determined. pursuant to the decision taken under section 10(1) of the act, objections came to be filed under section 10(2) and objections also were considered and an opportunity was given before their consideration and objections came to be rejected. the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : 2003(3)ALLMR501; 2003(6)BomCR778
..... paise share in the said plot. the lay out plans were sanctioned by the municipal council, ahmednagar, but the government of maharashtra issued a notification under section 4 of the land acquisition act, 1894, on 30th july, 1970, for acquiring total land of 4h. 98r. in survey no. 109 of sawedi for construction of the tenements by ..... petitioners applications would not go in the general lots to be drawn. this resolution was, therefore, rightly submitted to the government for its approval, as required under section 6(1) and the government of maharashtra, in the reply, informed the mhada that there was no such reservation for the project affected persons. the speeches made ..... not have been binding on the government, because its powers of resumption are regulated by the state and must be exercised in accordance with its provisions. the act forces no authority on the government to grant exemption from resumption and an undertaking not to resume will be invalid, and there can be no estoppel against a .....
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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