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Delhi Court April 1983 Judgments

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Apr 26 1983

Collector Of Customs Vs. Dr. Mrs. Sita Bhateja'S Nursing

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Apr-26-1983

Reported in: (1983)(13)ELT978TriDel

2. In this case Dr. (Mrs) Sita Bhateja's Nursing Home, Langford Gardens, Bangalore had imported a consignment consisting of medical equipment covered by Bill of Entry Air C 126/6-1-81. The importers cleared the goods on payment of duty and filed a refund claim for re-assessment under notification No. 17-Customs, dated 25-1-1979. Their claim was rejected by the Assistant Collector of Customs on the ground that the claimants had not produced the eligibility certificate issued by the Ministry of Health and Family Welfare satisfying the conditions necessary under that notification. The importers went in an appeal before the Appellate Collector of Customs, Madras. He in his order No.C 3/2306/8 L dated 29-12-1981 allowed re-assessment as claimed by the importers of all the goods imported except one item, namely, 12 mm Slmln Trocar & Cannula on the ground that the said item was not covered by the duty exemption certificate. The Central Government had taken up the order of the Appellate C...


Apr 26 1983

Brooke Bond India Limited Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Apr-26-1983

Reported in: (1983)LC1502DTri(Delhi)

1. The Appellate Collector of Customs and Central Excise, Bombay dismissed the appellant's appeal filed against the Order No.IV/16-21/MP/75 dated 30th June, 1975 passed by the Deputy Collector of Central Excise, Ahmedabad as time-barred by observing that the order of adjudication was dated 30th of June, 1975 and received by the appellant on 3rd of July, 1975 while the appeal was received on 7th of November, 1975 which was much after the three months period of limitation.2. For the appellant, Shri S.N. Mathur appeared before us and Revenue was represented by Shri K.D. Tayal, Senior Departmental Representative.The primary question which arises for our consideration is whether any order was passed by the Deputy Collector of Central Excise, Ahmedabad on 30th of June, 1975 as mentioned by the Appellate Collector. Shri Mathur submitted that on 30th June, 1975, Deputy Collector, Central Excise, Ahmedabad did address a l,6tter with reference to the assessee's earlier communication of 6th of J...


Apr 26 1983

Deepak Wadhwa Vs. Aeroflot

Court: Delhi

Decided on: Apr-26-1983

Reported in: 24(1983)DLT1

S.S. Chadha, J. (1) The question raised in tins case is whether the principles of International Law as transformed from time to time about sovereign immunity apply in India in face of the provisions contained in Section 86 of the Code of Civil Procedure, 1908. (2) Mr. Deepak Wadhwa, plaintiff/decree-holder obtained from this Court on May 28, 1981 an ex-parte decree for the recovery of Rs. 4,32,066 with costs against Aeroflot (Soyiet Airlines). He took out on July 22, 1981 the execution of the decree and prayed for the issue of warrants of attachment of the amount lying in the current account No. 30/84011 with State Bank of India, Main Branch, Parliament Street, New Delhi in the name of Aeroflot and then calling the amount for payment to the decree-holder. A show cause notice was issued to the judgment-debtor who filed an application, being E.A. 174181, for declaring that the suit instituted by the decree-holder was incompetent, invalid and untenable and the decree is non-est. inexecuta...


Apr 26 1983

State Vs. Bashir Ahmed and ors.

Court: Delhi

Decided on: Apr-26-1983

Reported in: 23(1983)DLT486

M.L. Jain, J.(1) This order will dispose of the following cases under the Suppression of Immoral Traffic in Women & Girls Act, 1956 (herein the Act): (1)Cages under Section 8 of the Act in which proceedings against the accused were stopped under Section 258 Cr.P.G. and the respondent was discharged by the Metropolitan Magistrate and the State has come up in revision : Cr. R. 323/82 to 332/82. (2) Case under Section 8 of the Act in which the accused was discharged under Section 258 Gr. P.G. by the Metropolitan Magistrate. But the Addl. Sessions Judge in revision petitions Nos.61, and 65 to 69 of 1982, set aside the order and remitted the cases for trial. The accused have come in revision against the order of the learned Judge dated 24-11-1982 : Cr. M. (M) 70/83. (3) Case under Sections 3, 4, 5 and 7 of the Act in which the women were discharged under Section 258 Cr. P.G. and in respect of Bashir Ahmed the prosecution was directed to prefer a supplementary challan. The State has come in ...


Apr 26 1983

Pramila Ghai Vs. Union of India and anr.

Court: Delhi

Decided on: Apr-26-1983

Reported in: ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del

Avadh Behari Rohatgi, J.(1) The Facts : These two cases are all about the Indian Nursing Council (The Council) constituted by the Central Legislature under the Nursing Council Act, 1947 (the .Act). The Council was created 'to establish a uniform standard of training for nurses, midwives and health visitors.' The purpose of the Council is stated in the following statement of Objects and Reasons : 'PROVINCIAL Nursing Councils have been established in all Provinces and maintain roasters of qualified nurses, health visitors and midwives. Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education of candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lock of inter-provincial reciprocity in the registration of nurses. To remedy these difficulties it is proposed to enact legislation for the purpose of setting...


Apr 22 1983

E. Merck (India) Pvt. Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Apr-22-1983

Reported in: (1983)LC662DTri(Delhi)

2. The question involved in this case relates to interpretation of exemption notification No. 161/66-CE and clause 18 of the Drugs (Prices Control) Order, 1970. In order to facilitate a proper understanding of the issues, we reproduce below this notification and the clause : - "In exercise of the powers conferred by rule 8(1) of the Central Excise Rules, 1944 and in supersession of the notification of the Government of India in M.F. (DR & 1) No. 39/66-CE, dated 26-3-1966, the Central Government hereby exempts patents or proprietary medicines falling under item 14E from so much of the duty of excise leviable thereon as is in excess of the duty calculated on the basis of : (i) the value arrived at after allowing a discount of 10 per cent on the prices specified in the price list referred to in para 8 of the Drugs (Prices Control) Order, 1970 issued under section 3 of the Essential Commodities Act, 1955 (10 of 1955), showing the prices at which the medicines are sold to a retailer (h...


Apr 22 1983

B.K. Krishnani Vs. Collector of Customs and Central

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Apr-22-1983

Reported in: (1983)LC1486DTri(Delhi)

1. This is a revision application (hereinafter called "appeal") filed before the Central Government which under Section 131 B of the Customs Act 1962, stands transferred to this Tribunal to be disposed of as if it were an appeal presented before the Tribunal.2. The facts of this case are comparatively simple, but it raises some general questions of practice and interpretation and we are accordingly dealing with this case in some detail.3. The case turns on the interpretation and application of certain provisions in Rule 2 of the Transfer of Residence Rules, 1978. For facility of reference, this said Rule 2 is reproduced below : - "Subject to the provisions of the Baggage (Conditions of Exemption) Rules, 1976 and rule 3 of these rules the personal and household effects, of a person on a bona fide transfer of residence to India, shall be exempted from duty subject to the following conditions, namely :- (a) such person has been residing abroad for a minimum period of two years immediatel...


Apr 22 1983

Raghunath Rai Kumar Vs. B.N. Khanna and Others

Court: Delhi

Decided on: Apr-22-1983

Reported in: [1984]55CompCas518(Delhi); 1983(2)Crimes260; 1983(5)DRJ77

M.L. Jain, J.1. Respondent No. 1, B. N. Khanna, is a partner of M/s. Serhoo Mal Jagdish Rai, Delhi. The said firm had an account at the Sunder Nagar branch of the Union Bank of India (herein 'the Bank'), where, at the relevant time, Miss Trilochan Banga was the branch manager. On August 17, 1982, or about, B. N. Khanna filed a complaint against Miss Trilochan Banga in the Court of the Metropolitan Magistrate under s. 500, IPC, alleging that she called them cheats. 2. During the enquiry under s. 202, Cr. PC, the said complaint made an application that the vigilance officer of the bank be directed to produce the report of investigation in respect of the accounts of his firms, M/s. Serhoo Mal Jagdish Rai and M/s. Saral Trading Co., conducted by Shri S. K. Kataria. In answer to the summons, Shri I. J. Mehta, a clerk, and Shri H. K. Dham, Zonal Manager, appeared before the Magistrate. Shri Dham filed an affidavit on January 7, 1983, objecting to the production of the said vigilance report o...


Apr 22 1983

Piare Lal Vs. the State

Court: Delhi

Decided on: Apr-22-1983

Reported in: 24(1983)DLT92

H.L. Anand, J.(1) Petitioner seeks bail pending trial on a charge of murder. His co-accused which were his wife and a friend who was a police constable are already on bail. The petitioner is said to be a member of the Scheduled Caste who has a clean record of service in the Central Government as a Section Officer. It is stated that there is no direct evidence of the commission of the crime. Prosecution strongly relics on the motivation provided by the circumstance that the victim had illicit relations with the daughter of the petitioner and was responsible for disrupting her matrimonial alliance with someone settled abroad. The marriage has since been broken. It is stated that the victim has at one stage been arrested in connection with proceedings pending against him in Punjab, where he is alleged to have defrauded a large number of people in conducting a racket for employment abroad. This line of investigation has apparently not been pursued. The petitioner is said to have a serious ...


Apr 22 1983

Municipal Corporation of Delhi Vs. State

Court: Delhi

Decided on: Apr-22-1983

Reported in: 1983CriLJ1933; 1983(2)Crimes372; 1983(5)DRJ138; 1983RLR539

Aggarwal, J.(1) This is an appeal by the Delhi Municipal Corporation against the acquittal of the Respondent Ramji Dass who was prosecuted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act. (2) On 12th September 1969 Shri V.P. Anand, Food Inspector, took a sample of Suji from the Grocery shop of the respondent at Nehru Bazar. One part of the sample was sent to the Public Analyst who found the sample to be adulterated on account of insect infestation. The sample was analysed on 17th September 1969 and the report of the analysis was as follows : 'Moisture : 12.05% Total ash : 0.51% Gluten : 6.42% Insect Infestation : Present Odour : AgreeableLiving insects are present. Total amount of Suji passes in no. 100 sieve -1.14%. The same is adulterated as the same is insect infested (living insects are present).' (3) On the receipt of the report of the Public Analyst a complaint under Section 7 read with Section 16 of the Prevention of Food Adulteration Act was file...


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