Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 40 offences relating to force court Court: mumbai Page 24 of about 547 results (0.443 seconds)

Indian Explosives Limited Vs. Commissioner of Central Excise and Servi ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... any element of deceit etc. the payment of differential duty thus clearly came under sub-section (2b) of section 11a and attracted levy of interest under section 11ab of the act." 6. the tribunal in the case of gujarat state fertilizers and chemicals ltd. vs. commissioner of central excise, vadodara (supra) has also upheld the demand of interest where ..... the cost of assessable value of the goods and paying differential duty. show-cause notice was issued to the appellant for demand of interest under section 11ab of the act in respect of the differential duty paid subsequent to the clearance of the goods. 3. the contention of the appellant is that at the time of clearance it is ..... heard both sides. the appellant filed this appeal against the impugned order whereby demand of interest under section 11ab of the central excise act is confirmed. 2. brief facts of the case are that the appellant are clearing goods to their sister-unit and paying duty on approximate basis. subsequent clearances of the .....

Satish Vasant Holkar and Others Vs. the State of Maharashtra

Court : Mumbai

..... benefit of doubt to all the other co- accused and acquitted them, it follows that the appellants conviction also cannot be sustained as it cannot be held that they acted conjointly with the other accused in the commission of the assault on deceased-arun. resultantly, the appellants also ought to be acquitted of the offence punishable under section 302 ..... and that the dispute was minor in nature. 17. the prosecution examined pw-5 babasaheb kolpe (panch) to prove discovery of knife under section 27 of the indian evidence act at the instance of appellant no.1. the said memorandum is at exhibit- 2 and the panchanama is at exhibit- 63. the panchanama shows that the knife was ..... .3-pintu, preferred an application, being criminal application no.568 of 2008 in the aforesaid appeal, praying therein for benefit under section 7(a) of the juvenile justice act, in view of the fact that he was a juvenile in conflict with law at the time of the alleged incident. this court vide its order dated 17th october, .....

Royal Sundaram Alliance Insurance Co. Ltd. Vs. Hanamava Yamanappa Jedi ...

Court : Mumbai Goa

..... insurer was, impleaded before the tribunal by the claimants themselves, as party-respondent. it had not filed any application under section 170(b) of the m. v. act before the tribunal, but was permitted to contest the petition on merits. hence, the first and the foremost question that arises for determination is whether the respondent no. ..... of nicolletta rohtagi? (supra), held that the insurance company could not have challenged the finding without obtaining permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case. further, in the case of josphine james? (supra), also, the insurer was impleaded before the tribunal ..... it follows that in the present case, since the respondent no. 3-insurance company had not obtained permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case, it could not have challenged the findings, on merits. hence, the appeal is not maintainable. 21. .....

Rishi Narendra Vijan Vs. State of Maharashtra and Another

Court : Mumbai

..... applicant and his family members had learnt from reliable source that the complainant has approached the police station. the applicant had therefore, filed an application under the right to information act on 6th june, 2014 to know the allegations which are levelled against him and his family members by the complainant. he received the copy of the statement dated 8th may .....

Niranjan Vs. The State of Maharashtra

Court : Mumbai Nagpur

..... some relation with the appellant and as she stayed away for the whole night from her house voluntarily and probably had no justifiable explanation to put forth for such an act, she may have tried to implicate the appellant in the present case. 14. the evidence of the prosecution, thus discussed above, would show that there are many lacunae in the ..... also does not say as to in what condition, the prosecutrix was found as lying in the dung pit. 9. the above evidence would indicate that after the alleged second act of rape, the prosecutrix did not go into the state of unconsciousness. her legs were also not tied. the appellant and vakil had also left the cattle-shed. thus, it .....

Viratna Vidyabanich (since deceased by his heirs and Legal Representat ...

Court : Mumbai

..... bonafide requirement. all these are grounds available to a landlord to seek eviction of a tenant under the bombay rents, hotel and lodging house rates control act, 1947 ('rent act'). thangyoo vidyabanich filed written statement in july 1978, denying the allegations in the plaint. thangyoo vidyabanich expired on 12 may 1980, during pendency of the ..... user stands proved, there is no question of interfering with the order of eviction, based upon strained interpretation of the provisions contained in section 12 of the rent act. 30. as noted earlier, viratna died on 18 april 2015. thereafter, the wife pornpen, his son witsanu and daughter pamela were permitted to be brought ..... case, thangyoo vidyabanich, the original tenant expired in the year 1980. therefore, in terms of definition contained in section 5(11)(c)(i) of the rent act, viratna on the basis of his own deposition became the tenant in respect of suit premises. the impleadment of sumitra and conchit, who were admittedly not residing .....

M/s. Gold Touch Real Estate Private Limited and Others Vs. Suresh and ...

Court : Mumbai Nagpur

..... , its actions needed to be viewed in the light of its object, business and management. therefore, notice under section 164 in the maharashtra co-operative societies act (mcs act) to the district deputy registrar was essential. as that notice has not been issued, no suit could have been filed against defendant no. 6 and the ..... for? 2] what is the effect of not serving upon the deputy registrar, co-operative societies, a notice under section 164 of the maharashtra co-operative societies act, 1960? 3] whether the plaintiff has proved its readiness and willingness to perform the contracts? 4] whether the contracts between the plaintiff and the defendants survive ..... willingness which was prevailing on the date of institution of suit and evidenced through conduct of plaintiff thereafter, lasts throughout during the pendency of the suit. the act of plaintiff in filing present appeal and in prosecuting it by depositing amount of rs. four crore, brings on record that readiness and willingness only. he .....

Shri Mahila Griha Udyog Lijjat Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... that the delay of 86 days ought to have been condoned. it may be true that the words "sufficient cause" occurring in section 35b(5) of the central excise act should be given proper meaning. here it is not a case of government undertaking or the governmental body as has happened in the case of state of west bengal v ..... ignorance of law cannot be to the benefit of the applicants when about rs. 18 crores duty and penalty is involved.therefore, the applicants should have been more cautious and acted in dutifull manner. as far as their problem with the counsel is concerned, the ld.dr argues that nothing prevented them from sitting with their counsel to sort out ..... 1. in these matters, two applications have been files seeking, condonation of the delay in filing these appeals beyond the time provided under section 35b of central excise act.2. the facts of the case are that by orders-in-original dated 19.5.2000 and 9.6.2000, the commissioner confirmed duties, imposed penalties and levied interest .....

Mechano Graphic Machines Pvt. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(97)ECC92

..... such staple pins during the previous years and it is an established past practice of the custom house to allow such imports. in that view of the matter, the appellants acted bona fide and the fact that c.c.i. & e. has given a clarification at a later date, is not sufficient to hold that the imports of such goods are ..... was held that it was not permissible to impose fine in lieu of confiscation. therefore, a penalty of rs. 70,000/- was imposed under section 112 (a) of the customs act, 1962, it was clarified in the order, that the amount of penalty would be inclusive of redemption fine that would have been imposed in lieu of confiscation, had the goods ..... the adjudication of the notice. the order in adjudication came to be issued on 3.1.2003 holding the goods liable for confiscation under section 111(d) of the customs act, 1962. however, as the goods had been allowed clearance in terms of an interim order dated 18.1.1987 of the high court, the same were not available for confiscation .....

Commissioner of Central Excise Vs. Urison Cosmetics Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(108)ECC175

..... who agreed with him, we cannot concede that this court is bound to follow it. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of authority. accordingly ..... relation to such goods there must be a legal requirement to declare the retail sale price on the package under the provisions of the standards of weights and measures act, 1976 (swma) or rules made thereunder or under any other law.5. it is not in dispute that the impugned goods have been specified under a notification ..... may, by notification in the official gazette, specify any goods, in relation to which it is required, under the provisions of the standards of weights and measures act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail .....