Delhi Court November 1979 Judgments
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Dev Raj Diwan Vs. T.R. Kakkar and ors.
Court: Delhi
Decided on: Nov-02-1979
Reported in: 17(1980)DLT128
V.D. Misra, J. (1) By this Petition under Articles 226 of the Constitution of India the petitioner challenges the notice dated June 23, 1979 issued by the Deputy Commissioner of Police, Central District, Delhi (respondent No. 1) under Section 50 of the Delhi Police Act, 1978. The petitioner is running a restaurant under the name and style of 'Kamal Restaurant' at Anand Parbat, New Rohtak Road, New Delhi. It is averred that, because of the nature of his business, various local police-officers started troubling him and foisting false cases against him. It is also averred that the petitioner had contested the local Municipal elections in June, 1977 as an independent candidate and lost it by a very narrow margin.(2) The Petitioner alleges that his place of business was raided by a Police party headed by respondent No. 1. The police is stated to have ransacked the premises, damaged the property and even took away the valuables. It is thus stated that the police in order to wreak their venge...
Ganesh Oil Traders Vs. Delhi Terminal Tax Agency
Court: Delhi
Decided on: Nov-02-1979
Reported in: 17(1980)DLT29
V.S. Deshpande, C.J. (1) Petitioner imported Palm oil. M.CD. taxed it is vegetable ghee. Tax on oil is lower and petitioner claiming that palm oil should have been taxed as oil filed the writ. Mcd contended that palm oil resembled ghee in colour and consistency and was used as cooking medium and hence was rightly taxed. (2) Palm oil, according to the Webstei's International Dictionary, is 'fat taken out of flesh of palm fruit'. Similarly, vegetable ghee according to that Dictionary is fat made by hydrogenation etc. out of vegetable oil. The distinction between oil and ghee thus becomes clear. Ghee is a subsequent state of which the prior stage is oil. The question before us is whether the commodities imported by the petitioner are at the oil stage or at the ghee stage. The description under which these commodities are imported is an important consideration to be taken into account in determining under which particular item the commodities fall. They are not imported as vegetable ghee, ...
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