Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jun-12-2002
Reported in : (2003)(159)ELT446Tri(Mum.)bai
1. This appeal is against the order of the Commissioner revoking the licence issued to the appellant to function as a Custom House Agent at Kandla under the Customs House Agent Licensing Regulations, 1984 (hereinafter Regulation).3. We are not able to accept the ground in the appeal that the order was passed by the Commissioner ex parte without giving the appellant opportunity of being heard, in that the Commissioner passed an order without granting hearing in spite of a request made in letter 21-12-99.In this letter, while the applicant denied each of the charges in detail, it did not ask for any hearing. Regulation 23 of the Regulations which prescribed the procedure for suspending or revoking the licence contained in Sub-regulation (6) provisions for the agent to submit within a period of not more than 60 days from the receipt of the enquiry officer any representation he may wish to make against it.Sub-regulation (7) provides that after considering the report and representation the...
Tag this Judgment!Court : Mumbai
Decided on : Jun-13-2002
Reported in : (2003)105BOMLR609
A.B. Palkar, J.1. Applicant No. 1 - Dhanraj Mills Pvt. Ltd. (D.M.L. for short) is a party notified under the provisions of Special Courts (TORTS) Act of 1992. Applicant No. 2 - Killick Financial Services Ltd. (K.F.S.L. for short) is a wholly owned subsidiary of respondent No. 3 - Killick Nixon Ltd. (K.N.L. or Killick for short). Respondent No. 1 - Global Trust Bank (G.T.B. for short) is a banking company. Respondent Nos. 3 to 15 are all judgment debtors of D.M.L. Decrees have been passed by this Court against these respondents by consent and the total amount payable under all these decrees is Rs. 50,10,65,560/-. Respondent Nos. 3 and 4 have guaranteed payment under all the decrees and defaults have been committed by respondent Nos. 3 to 15 in payment of decretal dues probably as they are all belonging to the group of K.N.L. Respondent Nos. 5 to 15 have filed various applications in this Court for reliefs specially for reduction of Interest in decrees passed against them and these appli...
Tag this Judgment!Court : Kolkata
Decided on : Jun-13-2002
Reported in : (2002)3CALLT78(HC)
Bhaskar Bhattacharya, J.1. Petitioners, the allottees of a stall at Hogg Market, were served with a notice asking them to pay the arrears of stallage payable from the year 1990 as detailed in annexure 'P-10' to the present writ application. It was further threatened by the Deputy Manager, Hogg Market in the said demand notice that in default of payment of the amount mentioned therein, appropriate step against the petitioners including disconnection of electric supply in the stall will be taken.2. Being dissatisfied, the petitioners have come up with the present writ application.3. Mr. Basu, the learned counsel appearing on behalf of the petitioners could not dispute the fact that the petitioners have not paid the amount; he however laboriously contended that in view of the provisions contained in Section 573 of the Calcutta Municipal Corporation Act, 1980 ('Act') the respondents can at the most realize arrears of stallage for the last three years. Mr. Basu contends that arrears beyond ...
Tag this Judgment!Court : Mumbai
Decided on : Jun-27-2002
Reported in : 2003BomCR(Cri)344; (2002)4BOMLR146; 2002CriLJ4198; 2002(4)MhLj201
B.H. Marlapalle, J.1. This is an appeal moved by the State of Maharashtra against an order of acquittal passed by the learned Sessions Judge at Osmanabad, in Sessions Case No. 50 of 1983 on 14th August, 1984, by which the present respondent-original accused came to be acquitted from the offence punishable under Section 302 of the Indian Penal Code.2. The respondent came to be enrolled as Advocate with the Bar Council of Maharashtra and Goa at Bombay. While he was a student of law, he was married to Kausalyabai from whom he begot a son. He set-up his practice at Bhoom and Osmanabad and claims to have flourished in the same. His wife Kausalya died and he married to Nirmala on 19th May, 1982. After his second marriage he shifted to Aurangabad for practising as an Advocate before this Bench in June, 1982. He claims to have shifted to New Delhi for his practice in March, 1983. When he married Nirmala, his son from his first wife Kausalya was about 10 years old. He came back to his native pl...
Tag this Judgment!Court : Sikkim
Decided on : Jul-05-2002
Reported in : 2005CriLJ786
Ripusudan Dayal, C.J.1. This appeal is directed against the judgment dated 18-8-2001 by the learned Sessions Judge, East and North Sikkim rendered in Criminal Case No. 4 of 1998 whereby the appellant Dil Bahadur Tamang was convicted under Sections 302 and 449 of the Indian Penal Code and the order dated 3-9-2001 whereby he was sentenced to rigorous imprisonment for life and a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for six months for the offence under Section 302 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of four years with a fine of Rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for two months under Section 449 of the Indian Penal Code. Both the sentences were directed to run concurrently.2. The deceased A. K. Shrestha was at the time of the occurrence posted as Director, Fire Services and was in the rank of Deputy Inspector General in the Sikklm Police. ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-09-2002
Reported in : (2002)(84)ECC624
1. The above captioned appeals have been preferred by the appellants against the common Order-in-original dated 18.4.2001 passed by the Commissioner of Customs vide which he had imposed penalty of different amounts, on them under Section 112(b) of the Customs Act.2. The facts giving rise to these appeals may briefly be stated as under: On the basis of specific intelligence, the officers of the DRI intercepted two tempoes loaded with goods, in front of godown-cum-residence located at Vikas Nagar. Appellant Dhiraj Singh was present at the spot at that time holding mobile in his hand. The two tempoes were found loaded with ball bearings with markings of foreign origin. The search of the godown was also taken and from there also ball bearings of foreign origin were recovered. The tempoes and the ball bearings were taken to the office of the DRI where panchnama was drawn bearing the date 2.5.98. On the way to DRI office, from the godown, Attar Pal Singh appellant was also taken along while...
Tag this Judgment!Court : Jharkhand
Decided on : Jul-09-2002
Reported in : 2002(3)BLJR1981
1. Both the appellants stand convicted for the offences under Section 302/34, IPC and sentenced to R.I., for life on trial by the trial Court for committing the murder of Sheolal Pahan.2. This Sheolal Pahan had died of the following injuries, as per Dr. A.K. Choudhary, P.W. 11, who conducted autopsy on the dead-body of the deceased on 15.6.1992 and proved the post-mortem report, Ext. 7:Incised wound: 5 x 1 1/2 cm. x bone deep over the back of neck situated tremulously cutting the soft issue and 3rd cervical vertebra including spinal cord with infiltration of blood.Stab wound : (i) 2 x 1 cm. cavity deep over lateral part of left abdomen situated 22 cm. below left nipple and 17 cm. left to midline. The weapon passes the left 9th. Intercostal space and enter into Spleen. There is presence of blood and blood clot in abdominal cavity.-(ii) 11/2 cm. 1 1/2 cm. over lateral side of left abdomen situated 4 cm. above the proceeding injury. The track is confined to the wall only.Opinion: (i) All ...
Tag this Judgment!Court : Chennai
Decided on : Jul-10-2002
Reported in : AIR2003Mad33
P.D. Dinakaran, J.1. The appellant is the plaintiff in O.S.No.5078 of 1985 on the file of the learned II Assistant Judge, City Civil Court, Madras.2. The appellant/plaintiff filed the above suit for recovery of a sum of Rs.3,100/- alleging that when he was working as a Watchman in the State Trading Corporation of India Ltd., Madras, he sent 16 hundred rupee notes valuing Rs.1,600/- and 15 hundred rupee notes valuing Rs.1,500/- in two registered insured covers, to his wife Smt. Tikimaya Devi Thapa, who is living at West Nepal, from the G.P.O., Madras, and when the said covers were opened, only newspapers cuttings were found, but not currency notes. 3. The suit was resisted by the respondents/defendants contending that even though two insured letters were alleged to have been sent by the appellant/plaintiff were received in good condition with 'Lahaseal' intact and forwarded to the addressee - the wife of the appellant/plaintiff, who received the covers without any tampering, she found o...
Tag this Judgment!Court : Mumbai
Decided on : Jul-15-2002
Reported in : AIR2002Bom502; 2003(1)BomCR140; 2003(1)MhLj373
ORDERA.M. Khanwilkar, J.1.This Civil Revision Application takes exception to the order dated March 19, 2002 passed by the Civil Judge, Senior Division, Palghat below Exh. 1 in Special Civil Suit No. 9 of 2002. This special Civil Suit has been filed by the Respondent for declaration and specific performance and consequential reliefs against the Applicants. The Applicants Nos. 1 and 3 are the English Public Limited Companies incorporated under the English Law. Whereas, the Applicant No. 2 is an Indian Company and having its office at Mumbai; and whereas, the Respondent Company is incorporated under the provisions of the Indian Companies Act, 1956 having its registered office at Mumbai. The Respondent claims that it is engaged in the business of manufacture, sale, marketing and distribution of pharmaceutical products. The Respondent has its manufacturing facilities located at various places, including at Palghat. By a 'Distribution Agreement' dated August 1, 1997, the parties agreed to gi...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-15-2002
Reported in : 2002(4)WLC22; 2003(3)WLN363
F.C. Bansal, J.1. This appeal is directed against the Judgment dated 13.11.1997, passed by learned Special Judge (Fake Currency Cases), Jaipur City, Jaipur, whereby the appellant - Ritesh Bhargava @ Bunti has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2000/-, in default of payment of fine to further undergo 4 months' Rigorous Imprisonment.2. The brief facts of the prosecution case are that P.W. 1-Smt. Sita W/o Gulab Singh Choudhary resident of Plot No. 120, Shiv Colony, New Sanganer Road, Jaipur, made a verbal report (Ex. P. 1) to S.H.O. Police Station-Sodala on 24.6.1994 at 8.00 A.M. It was, inter alia, stated in the report that yesterday at 10.00 P.M. she alongwith her husband Gulab Singh, her son Manoj and Miss Prabhati, who is daughter of her Jeth was sitting in her house. Bunti and Raju: a pick-pocket, along with a person entered in the house. Her husband Gulab Singh made them to sit and asked her to prep...
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