Delhi Court November 1983 Judgments
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B.K. Shrestha Vs. Commissioner of Police
Court: Delhi
Decided on: Nov-29-1983
Reported in: 25(1984)DLT146
R.N. Aggarwal, J. (1) On 6th June 1980 the Golden Tobacco Company Limited and Sikkim Tobacco Pvt. Ltd. registered under the Sikkim Companies Act entered into an agreement of collaboration for manufacture of cigarettes. The Golden Tobacco Company was to provide technical know-how and services and assistance in construction, establishment and operation of plant for manufacture of cigarettes. The agreement is a detailed document. The following are the relevant terms of the agreement : (6)STL will purchase and acquire all machinery, plant and equipment and spare parts as may be considered necessary. However, Gtc agrees to provide machineries on loan to Stl, free of rental, machines for making cigarettes and machines for packing such cigarettes as per schedule given below : 1.One number-Molins Mark Viii, cigarette making machine. 2. One number-Milins Mark V, cigarette making machine. 3. One number-M-2 Packer. 4. One number-AMF 3-279 Packer. GTC hereby agrees to dispatch such machines from B...
Bishamber Dayal Vs. the State
Court: Delhi
Decided on: Nov-29-1983
Reported in: 25(1984)DLT104
M.L.Jain, J. (1) The petitioner Bishamber Dayal was employed as a rent collector on behalf of the Delhi Development Authority (DDA) in respect of J.J. Colony, Najafgarh. It was alleged that out of the amount collected by him from the plot holders on various dates from 13.2.1970 onwards on receipt books Nos. 293 and 323 out of which book No. 323 was a stolen one, he did not deposit in the office of the Dda an amount of Rs. 1982.80 relating to receipt book No. 293 and Rs. 1396.50 relating to receipt book No. 323. He was tried for offences under sees. 409 and 381 IPC. (2) The learned Metropolitan Magistrate acquitted him of the charge under section 381 Ipc, but convicted him under section 409 by his order dated 3.11.1976. He sentenced him to rigorous imprisonment for nine months and to a fine of Rs. 500.00 in default whereof to rigorous imprisonment for three months. His appeal was dismissed by the Addl. Sessions Judge on 19.4.1977. Hence, this revision. (3) The stand taken by the accused...
Ram Prashad and ors. Vs. Poornima
Court: Delhi
Decided on: Nov-29-1983
Reported in: 25(1984)DLT118; 1984(7)DRJ90
M.L. Jain, J.(1) MST. Poornima is a widow. She has two children, a daughter Monika born on 9-11-1974 and a son Munish born on 3-9-1978. Her husband died on 7-5-1978. She alleged that after the death of the husband, she was maltreated and harassed and forced to do all kinds of job as a maid(2) The appeal was filed on 22-10-1982 without the certified copy of the impugned order, but with an application for exemption from filing a certified copy of the impugned order. It was directed on 31-1-1983 that the certified copy be filed within limitation. An application for certified copy was moved on 20-9-1982. Copy was ready on 27-1-1983. But it was taken and filed on 20-8-1983 along with an application for condensation of delay. After excluding the period of limitation and the time taken in obtaining the copy of the total delay is of about lour months. The delay in obtaining and filing the copy was caused on account of laches on the part of their previous counsel and the appellants being illite...
Current Transport and Finance P. Ltd. Vs. Sardar Singh and Others
Court: Delhi
Decided on: Nov-28-1983
Reported in: [1986]59CompCas767(Delhi)
D.R. Khanna, J. 1. The official liquidator representing the Current Transport and Finance (P.) Ltd., now in liquidation, has moved this petition under section 446, 477, 452 and 543 of the Companies Act, 1956, for the recovery of Rs. 6,000. It is based upon a hire-purchase agreement which respondent No. 1 entered into with the company with respect to vehicle No. BRB-2478. Respondent No.2 stood as guarantor. According to the official liquidator, Rs. 6,000 is still due to the company under the agreement which respondents No. 1 and 2 have failed to pay. 3. Respondents No. 3 to 5 are the ex-directors of the company who were sought to be made personally liable under sections 542 and 543 of the Companies Act. Anand J., however, directed that proceedings against them would remain held over. Mr. Nand Kishore is not pressing these proceedings and states that if need be, appropriate independent action will be initiated. 4. As regards respondents Nos. 1 and 2, notices were issued to them. The orde...
D.N. Nanda and Sons Vs. Commissioner of Income Tax
Court: Delhi
Decided on: Nov-28-1983
Reported in: (1984)39CTR(Del)167; [1984]149ITR96(Delhi); [1984]16TAXMAN365(Delhi)
S.S. Chadha, J. 1. This Reference u/s. 256(1) of the IT Act (hereinafter called as the Act) at the instance of the assessed raises the following two questions : '1. Whether on the facts and in the circumstances of the case the Tribunal was right in rejecting the assessed's claim that the market value on the date when the property was impressed with the character of HUF property should be taken as its cost of acquisition in the hands of the assessed 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the cost of acquisition of property No. G-16, New Delhi South Extension in the hands of the assessed HUF was nil ?' 2. The assessed M/s. Deena Nath Nanda & Sons is an HUF. The year of assessment in question is 1970-71. The accounting year ended on 31-12-1970. A plot of land bearing No. 16 Block G, New Delhi south Extension Scheme, Part I was purchased by Shri Deena Nath Nanda and his wife Smt. Rattan Devi Nanda. A two and half storied buildi...
Savitri Khanna Vs. Union of India
Court: Delhi
Decided on: Nov-28-1983
Reported in: 25(1984)DLT83; 1984(6)DRJ203; 1984RLR95
M.L. Jain, J. (1) One Mukand Lal Khanna, an Afghan national along with some others was arrested on 3-9-1980 for violations of Foreign Exchange Regulation Act, 1973 (FERA) involving several millions of money. The Enforcement Officer produced him before the Magistrate for remand to judicial custody, while Mukund Lal Khanna applied for bail. The Addl. Chief Metropolitan Magistrate by his order of 23-9-1980 granted him bail on furnishing bail bonds in the amount of Rs. 1 lakh. Further conditions of bail were that his passport shall be retained by the department and that he shall not leave Delhi for next two months and will report to the Directorate of Enforcement, daily for 15 days.(2) Mukand Lal then made an application for permission to leave India for a period of three months. The learned Additional Chief Metropolitan Magistrate by his order dated 3-4-1981 allowed him to go abroad on the following conditions, name (1) he will furnish a bank guarantee or deposit of Rs. 1 lakh in the cour...
Deepak Kumar and Dinesh Kumar Vs. Union of India Etc.
Court: Delhi
Decided on: Nov-28-1983
Reported in: 25(1984)DLT77
Charanjit Talwar, J. (1) This judgment disposes of two petitions, viz., Criminal Writ No. 84 of 1983 and Criminal Writ No 77 of 1983 filed by Deepak Kumar and Dinesh Kumar respectively for issuance of a writ of habeas corpus and seeking quashing of the impugned orders of detention passed on 22nd April, 1983, under section 3(1) read with section 2(f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter called 'the Act'), by the Administrator of the Union Territory of Delhi. (2) The impugned two orders of detention are practically identical. While against Deepak Kumar the order has been passed, inter alia, with a view to preventing him from smuggling goods ; the one against Dinesh Kumar has been passed with a view to preventing him from abetting smuggling of goods. (3) The grounds of detention are also practically identical in both the Cases. A few facts brought out in the grounds of detention, which have a bearing on the decision of the ...
Hemwati Verma Vs. Union of India
Court: Delhi
Decided on: Nov-27-1983
Reported in: 1983(5)DRJ303
Rajindar Sachar, J. (1) This is a writ petition against the order passed by the Deputy Commissioner (Food) as affirmed by the Commissioner in appeal whereby the F.P.S. No. 6095 held by the petitioner, who is a handicapped woman was cancelled with immediate effect and with forfeiture of security amount. This was done without prejudice to any decision that may be taken by the criminal trial court. The only real allegation on which the action seems to have been taken against the petitioner is that he had drawn rice from Fci godown on 15-10-1982 but when checking was done by the Inspectorate at his shop on 16-10-1982 the said rice was not available. The petitioner admitted that he had drawn rice on 15-10-1972. His case however, was that while transporting the rice the truck broke down and he was only able to bring the rice on 16-10 1982 evening and he had asked the checking staff to check it up but they refused to do so. This part of course was denied by the respondents. We had also direct...
Bayer (India) Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-25-1983
Reported in: (1984)(16)ELT375TriDel
1. These are two revision applications filed before the Central Government (now transferred to the Appellate Tribunal under Section 131 B of the Customs, 1962) against the order in appeal Nos. S/49-1536/77 R dated 19-4-1979 and S/49-186/77 Bond dated 16-9-1978 passed by the Collector of Customs (Appeals), Bombay.2. Briefly stated, the facts of the cases, as are apparent on record, are that M/s Bayer (India) Ltd. (hereinafter called the Appellant) imported 31 tonnes of the chemical-3 METHYL-4-NITROPHENOL by the steamer "Tigre" which entered the territorial waters of India on or about 30-3-1976, and the consignment was deposited in private bonded warehouse under the provisions of Section 60 of the Customs Act. The said importers also imported 20 tonnes of the chemical-THIOALCOBOL (2-ETHYLTHIO ETHANOL) by the Steamer "Vishwa Bandhan" which entered the territorial waters of India on or about 22-11-1975, and the said consignment was also deposited in the private bonded warehouse at Thane u...
Leather Chemicals and Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-25-1983
Reported in: (1984)(15)ELT451TriDel
1. The captioned appeal was initially filed as a Revision Application before the Central Government which, under Section 35-P of the Central Excises and Salt Act, 1944, has come as transferred proceedings to this Tribunal for disposal as if it were an appeal filed before it. (a) The appellants are manufacturers of Water-pigment finishes for leather (for brevity's sake to be called hereafter as W.P. finishes). Based on scrutiny of the private records of the appellants such as challans, delivery notes, Cash memos, private gate-passes, bills and outward challan registers, the Department charged the appellant with having removed, without accountal in the statutory record, without payment of duty and in a manner otherwise than as provided in the Central Excise Rules and in contravention of Rules 9(l),'52A, 53 and 226 of the Central Excise Rules (hereinafter to be referred to as the Rules), 2,81,656.884 Kgs. of W.P. finishes during the period 1-10-1960-19-1-1968. By a show cause notice issu...