Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 40 offences relating to force court Court: mumbai Page 19 of about 547 results (0.236 seconds)

The State of Maharashtra, through Police Station Kadim Jalna and Anoth ...

Court : Mumbai Aurangabad

..... taken into consideration. it was not committed by accused under any mental stress or emotional disturbance and it is difficult to comprehend that he would not commit such acts and would be reformed and rehabilitated. as the circumstances would graphically depict, he would remain a menace to the society, for, a defenceless child has become ..... in case of circumstantial evidence, death penalty should not be awarded was held without logic. the hon'ble supreme court held that circumstances proved establish the depraved acts of the accused and they call for only one sentence that is the death sentence. 51. in the case of rajendra wasnik referred above, the accused ..... critical examination of the evidence on record we hold that all the circumstances proved by the prosecution clearly indicate that accused and accused alone is responsible for the acts attributed to him. 36. to sum up we reiterate the incriminating circumstances proved against the accused as under (i) accused was found with the victim .....

The Court on its own motion Vs. National Highway Authority of India, N ...

Court : Mumbai Nagpur

..... the 17th august, 2011 s.o. 1908(e). in exercise of powers conferred by sub-section (3) of section 4 of the national green tribunal act, 2010 (19th of 2010), the central government hereby specifies the following ordinary places of sitting of the national green tribunal which shall exercise jurisdiction in the area indicated ..... 323a specifically enables the parliament to legislate a law for establishment of administrative tribunal act and also provides for exclusion of jurisdiction of all the courts except jurisdiction of supreme court under article 136 with respect to disputes as referred to complaints ..... the hon'ble apex court and the high courts under article 32 and 226 of the constitution of india as was provided under the administrative tribunals act. the administrative tribunals act, 1985 was constituted under the enabling provisions of article 323a of the constitution of india. sub-clause (d) of clause (2) of article .....

Adi Dara Patel and Others Vs. S. R. Jondhale and Others

Court : Mumbai

..... they are propped up by builders and developers with ulterior motives to file such petitions by relying on the repeal of the urban land (ceiling and regulation) act, 1976 (principal act) in the state of maharashtra with effect from 29th november, 2007. though physical possession of these lands is with the state and not challenged by the ..... of maharashtra and ors. vs. prabhu (1994) 2 scc 481. (xiv) shantaram hirachand danez vs. narayan bapusa fulpagar air 1999 bombay 16. (xv) anthony c. leo vs. nandlal bal krishnan and ors. (1996) 11 scc 376. (xvi) smt. bhadrabati devi w/o. dinabandhu tiwari vs. jibanmal babu and ors. air 1941 calcutta 163. (xvii) balvant n. vishwamitra ..... notice under section 10(5) is bad in law. fifthly, there is no question of considering a corrigendum in proceedings under section 20(2) of the ulc act/principal act, as that is of no consequence and having no relevance to the withdrawal of exemption. sixthly, it is incorrect to assume that the proceedings under section 8 .....

Prithviraj B. JaIn Vs. Commissioner of Customs (P)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2001)(75)ECC470

..... course of investigation is not essential. warning to person giving statements about his constitutional rights, is foreign to the statement recorded under section 108 of customs act, by a custom officer in the departmental action. regarding contradiction in panchnarna and remand application pointed out by learned counsel for appellant, it is not ..... with whom he was well acquainted to the stage of destination and parking there. he is the person who has settled everything with contact man, and acted accordingly, and babulal is his only implicit follower. even earlier, both these persons succeeded in their similar ventures. the detail statements recorded both narrative and ..... .the circumstances surrounding the said activities, and the search, recovery, and seizure are corroborating material. in the case of gold under section 123 of customs act, the persons, who were found with seized gold, who have dealt with it, have to show the licit acquisition and possession. the facts and circumstances .....

Tetra Pack India Ltd. Vs. Commissioner of Cen. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(92)ECC345

..... that the exact nature and quantity of the packing that was used has to be communicated. the claim was made in terms of section 4(4) (d)(i) of the act as a deduction from the sale price. it was open to the department - indeed, the duty of the department - to verify the correctness of the claim before approving the price ..... secondary packing which was durable and is returnable the cost of which was required to be excluded from the value in terms of section 4(4)(d)(i) of the act. it further stated that the decision to charge 2.5 % was "management decision and not is an actual cost. if the claim for exemption of duty is not applicable you ..... against consignment each on the pallet. the department was of the view that the packing was neither durable nor secondary under section 4(4)(d)(i) of the central excise act, according to which the cost of packing of any excisable goods which are the goods delivered at the time of removal except the cost of packing which was durable or .....

Goenka Industries Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(103)ECC139

..... form of an adjudication order, is appealed against.24. the next issue pertains to liability of the impugned goods to confiscation under section 111(m) of the customs act. the id. member (judicial) sets aside the confiscation-observing quote : "there is nothing on record to show that representative samples were drawn from each and every ..... deliberately misdeclared the goods as "sub-standard yarn, no claim basis". the goods are, therefore, liable to be confiscated under section 111(m) of the customs act, 1962 on account of the mis-classification. i do not find much force either in the plea that for the foreign supplier in japan, the goods would constitute ..... has imposed reasonable amounts of redemption fine and penalty which are commensurate with the values of the imported goods and gravity of infractions of the provisions of the customs act, 1962. the findings of the adjudicating commissioner are lucid and based on earlier decisions of the tribunal and the apex court, the main part of which is .....

Diambel N.V. Antwerk Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2008)(124)ECC201

..... were grounds to confiscate the goods. non-imposition of the personal penalty on the appellants herein would indicate that the appellants were not knowingly concerned with the act of clearance of goods on forged licence.13. the commissioner has erred in holding that the ownership in the said goods should transfer in favour of the ..... without any offer of redemption fine. however, he refrains from imposing any penalty on the appellants herein under the provisions of section 112 of the customs act, 1962.12. when the commissioner is coming to a finding that the importer was actively and deliberately concerned with the forgery and in para 10 of ..... gold/platinum jewellery and articles thereof and the policy did not permit free import of rough diamonds. section 3(2) of the foreign trade (development and regulation act, 1992 provides that the central government may by order published in the official gazette make provisions for prohibiting, restricting or otherwise regulating, in all cases or .....

Mrs. Manjula C. Sheth and anr. Vs. Indian Bank and ors.

Court : DRAT Mumbai

Reported in : III(2005)BC131

..... funds are involved cuts at both ends, because when public funds are involved the banks are also supposed to act in a responsible way as they are accountable to the public at large. unfortunately, there is complete absence of this accountability on the part of the respondent bank in ..... and no sufficient cause was shown by the applicant bank. it was utter inaction and lethargy on the part of the bank, that in spite of knowledge, it acted negligently and did nothing to bring on record heirs of the deceased defendant no. 3 chimanlal. the statement that leniency is to be shown to the bank because public ..... the impugned order dated 3.1.2003, which appears to have been passed on the review application made by the bank and in my opinion, the learned presiding officer acted erroneously in allowing the application of the bank whereby the appellants/heirs of the original defendant no. 3 chimanlal sheth were ordered to be brought on record.6. chronology .....

Piramal Sons (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)19ITD219(Mum.)

..... is a private limited company and the appeal relates to the assessment year 1978-79. the ito applied the provisions of section 40a(8) of the income-tax act, 1961 ('the act') and out of the claim of deduction of interest to various persons (other than banks) disallowed 15 per cent. before the commissioner (appeals) the assessee-company ..... supreme court in a number of judicial pronouncements has laid down that even though the words used in the definition of 'business' under section 2(73) of the act are wide, underlying each of them is the fundamental idea of continuous exercise of an activity, i.e., some real, substantive and systematic or organised course of activity ..... it incurred a loss in the business of exports, the net result being a very small income, which was offset by the deduction under section 80m of the act.proceeding further he submitted that the total investments of the assessee-company, according to the audited balance sheet of the company, at the end of the previous year .....

Rishi Gagan Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1989)31ITD515(Mum.)

..... is also not of any assistance. in those decisions the tribunal was concerned with the merits of the addition in a regular assessment made under section 143(3) of the act. the gifts in these decisions were held to be genuine and accepted by the tribunal on the facts and circumstances prevailing in those cases. proper enquiries had been conducted by ..... he finalised the assessment.the cit has merely directed him to make fresh enquiries and complete the assessment according to law. this direction, the cit is entitled to give by acting under section 263 when he finds that the order has been passed by the ito without making proper enquiries.the power of the cit under section 263 is very wide ..... the bank account is obtained and kept on the record. copy of the account of central bank of india is obtained and kept on the record.2. the cit acting under section 263 was of the view that proper and full enquiries had not been made by the ito while accepting this gift and therefore, the order passed by him .....