Judgment Search Results Home > Cases Phrase: guilty plea Court: mumbai Page 29 of about 33,738 results (0.061 seconds)

State of Goa Vs. Siluvai Gnanenthira Roche and Others

Court : Mumbai Goa

..... iii) framing of charge iv) considering possibility of conviction on plea of guilty. .....

institution of Chartered Accountants of India Vs. S.R. Khanna

Court : Mumbai

Reported in : 2005(1)BomCR148; 2004(4)MhLj733

..... clause reads as under :--'the second schedule(see sections 21(5) and 22)part iprofessional misconduct in relation to chartered accountants in practice requiring action by a high court.a chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he --(1) discloses information acquired in the course of his professional engagement to any person other than his client, without the consent of his client or otherwise than as required by any ..... after considering the report of the disciplinary committee as also the oral and written submissions of the respondent, the council recorded its findings to the effect that the respondent is guilty of profession misconduct within the meaning of section 21 and 22 of the act read with clause 1 of part i of the second schedule to the act, insofar as the respondent had disclosed ..... complaints, the council was prima facie of the opinion that the respondent was guilty of professional and/or other misconduct and, therefore, referred the case to the ..... the auditor ship on 14-12-1982, the respondent chose to write a letter on 28-12-1982 to the roc without there being such obligation, clearly shows that the plea of public interest raised is only a ruse and not a bona fide action on the part of the respondent. ..... the consent of the complainant and there was no requirement by law necessitating such disclosure, the respondent was guilty of professional misconduct within the meaning of clause 1 of part i of the second schedule to the act .....

icai Vs. S.R. Khanna

Court : Mumbai

Reported in : [2004]140TAXMAN671(Bom)

..... the said clause reads as under :the second schedule(see sections 21(5) and 22)part 1professional mis-conduct in relation to chartered accountants in practice requiring action by a high court.a chartered account in practice shag be deemed to be guilty of professional misconduct, if he-(1) discloses information acquired in the course of his professional engagement to any person other than his client, without the consent of his client or otherwise than as required by any law for the time ..... after considering the report of the disciplinary committee as also the oral and written submissions of the respondent, the council recorded its findings to the effect that the respondent is guilty of profession misconduct within the meaning of sections 21 & 22 of the act read with clause 1 of part 1 of the second schedule to the act, insofar as the respondent had disclosed the information acquired in the course of his professional ..... and the fact that after his removal from the auditorship on 14-12-1982, the respondent chose to write a letter on 28-12-1982 to the roc without there being such obligation, clearly shows that the plea of public interest raised is only a ruse and not a bona fide action on the part of the respondent. ..... disclosure made by the respondent was without the consent of the complainant and there was no requirement of law necessitating such disclosure, the respondent was guilty of professional misconduct within the meaning of clause 1 of part 1 of the second schedule to the act. .....

G.N. Deshpande Vs. Ishwaribai U. Ahuja and Others

Court : Mumbai

Reported in : 1992CriLJ2665

..... it was further held that unless the statute, either clearly or by necessary implication rules out mens rea as a constituent part of a crime an accused should not be found guilty of an offence against the criminal law unless he has got a guilty mind and that absolute liability was not to be lightly presumed but was required to be clearly established. ..... learned counsel shri kher also made another valiant effort to establish guilty knowledge of the gold so concealed by reason of another circumstances. ..... 2 gopaldas; that the accused having taken the plea that shyam sunder has told him that bhogibai has kept the gold there, had yet failed to examine him, that if the accused were not actually carrying the gold on their person, they ..... of the liberty of the subject that a court should always bear in mind that, unless a statute, either clearly or by necessary implication, rules out mens rea as a constituent part of a crime, the court should not find a man guilty of an offence against the criminal law unless he has a guilty mind. ..... 2 nay almost virtually his plea that he is the karta of the of joint hindu family. ..... 1 and 2 both pleaded not guilty and claimed to be tried. 14. ..... in this manner he had no plea to put up that he did not know about it. ..... 98(b) of the act, to establish beyond reasonable doubt that they were not in possession of any such gold with a guilty conscious mind. .....

Union of India, Owning the South Eastern Railway Administration Throug ...

Court : Mumbai

Reported in : (1969)71BOMLR123; 1968MhLJ678

..... the second contention of the learned counsel for the appellants is that the finding recorded by the lower appellate court that the railway administration is guilty of negligence is based on an erroneous assumption which has been made in paragraph 9 of the judgment that there are rules which provide that, for carriage of goods during monsoon, it is the duty of the railway servants to provide water- ..... it is also not necessary to consider the arguments of the learned counsel for the appellants that in the absence of any such enforceable obligation the railway authority is absolved of any responsibility to show that it was not guilty of negligence where goods are damaged and the allegation of the plaintiff is that the goods were liable to be transported in a watertight wagon.7. ..... as a matter of fact, since the plea was that water must have entered the wagon because of heavy rain one would have expected the railway administration at least to tender evidence to show that at particular station there was heavy rain and ..... on the other hand the plea of the defendant-railway administration is that the water which damaged the consignment must have gone through the door flaps ..... the damage complained of has resulted from a defective packing and in addition to this such defective packing is recorded by a sender in the forwarding note then only it is the duty of the plaintiff to show that the railway administration is guilty of negligence or misconduct. ..... the usual pleas of validity of notice under ss .....

Smt. Shaheda Sarwan Khan Vs. Sarwar Ahmed Rauf Khan and Others

Court : Mumbai

Reported in : 1998(4)BomCR599; 1999CriLJ555; I(1999)DMC582

..... in the circumstances, the only inference that can be drawn against the husband is that he is not deliberately and intentionally complying with order passed by this court and is guilty of civil contempt under section 2(b) of the contempt of courts act and is liable to be punished under section 12 of the contempt of courts act. 13. ..... i am afraid the brave and bald plea of inability to pay the amount of maintenance by the well bodied young husband cannot be accepted as valid defence to this contempt petition when such plea was already negatived in the order dated 3-4-1998 and the husband was directed to pay a sum of rs. ..... i have already held the husband guilty of civil contempt and the persistent defiance of the husband and consistent default by him in not complying with the order passed by this court on 3-4-1998 and thereafter on 2-9-1998 and the fact that the husband is ..... accordingly, i hold the respondent guilty of civil contempt under section 2(b) of the contempt of courts act and sentence him to simple imprisonment for two months and fine of rs. .....

Shaheda Sarwar Khan Vs. Sarwar Ahmed Rauf Khan and ors.

Court : Mumbai

Reported in : 1998(4)ALLMR735; II(2000)DMC195; 1991(1)MhLJ31

..... in the circumstances, the only inference that can be drawn against the husband is that he is not deliberately and intentionally complying with order passed by this court and is guilty of civil contempt under section 2(b) of the contempt of courts act and is liable to be punished under section 12 of the contempt of courts act.13. ..... i am afraid the brave and bald plea of inability to pay the amount of maintenance by the well bodied young husband cannot be accepted as valid defence to this contempt petition when such plea was already negatived in the order dated 3.4.1998 and the husband was directed to pay a sum of rs. ..... i have already held the husband guilty of civil contempt and the persistent defiance of the husband and consistent default by him in not complying with the order passed by this court on 3.4.1998 and thereafter on 2.9.1998 and the fact that the husband is ..... accordingly, i hold the respondent guilty of civil contempt under section 2(b) of the contempt of courts act and sentence him to simple imprisonment for two months and fine of rs. .....

Chandrashekhar Govind Daiwatkar and anr. Vs. Ramdas Govindrao Daiwatka ...

Court : Mumbai

Reported in : 2003(2)BomCR132

..... , in the contempt petition, it has been averred in paragraph 5 that almost 25 sale-deeds have been executed by the respondent after the order of injunction that was passed by this court and that the respondent is, therefore, guilty of committing a contempt of the court. 3. ..... having heard the learned counsel for the parties, i am of the view that the respondent has been guilty of a wilful and deliberate breach of the order passed by this court on 11-2-1998 and is guilty of a contempt of court. ..... there is absolutely no substance in the plea that the respondent was aware only of the contents of the memo of appeal and the civil application therein but not of the order of this court. ..... the respondent is guilty of a wilful disobedience and breach of the order dated 11-2-1998 passed by the learned single judge of this court. 9. .....

Sabmiller India Limited (Formerly Skol Breweries Ltd.) Vs. Som Distill ...

Court : Mumbai

..... . he tried to justify his client's conduct by submitting that according to him, his clients are not guilty of infringement thereby meaning that the defendant intends to continue using the bottles with the plaintiff's trade mark ..... . it is further submitted on behalf of the defendant that the plaintiff is guilty of suppression of the fact that the plaintiff has used bottles bearing the trade mark "kingfisher" embossed on them and therefore the plaintiff is not entitled to any relief ..... . in the circumstances i am of the view that the defendant is guilty of infringing the plaintiff's trade mark sabmiller india/sabmiller india ..... . therefore i am in agreement with the submission of the plaintiff that in view of such conduct on part of the defendant, it is not entitled to raise any plea in equity such as balance of convenience ..... despite the defendant admitting that its user was a mistake, the defendant wants to continue the action of infringing the plaintiff's mark which amounts to dishonesty on the part of the defendant, who is not entitled to raise any plea in equity such as balance of convenience .....

Electric Construction and Equipment Co. Ltd. Vs. Hukam N. Sharma and o ...

Court : Mumbai

Reported in : (1993)IIILLJ312Bom

..... the evidence led to substantiate the second plea shows no more than the admitted position that respondent 1 was not covered by the settlement or award. ..... the report found respondent 1 guilty of (i) fraud and dishonesty in connection with the petitioner's business, property and finance and (ii) committing an act subversive of discipline and good behaviour on the business premises.3. ..... this was more so in view of the pleas of disqualification set up by petitioner as also that entitlement to bonus depended on good conduct and awarding it was in the discretion of the employer. ..... the pleas required a substantive investigation possible only, upon a reference under section 10 of the i.d. .....