Delhi Court January 1986 Judgments
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Mahinder Singh Vs. Manju and ors.
Court: Delhi
Decided on: Jan-08-1986
Reported in: 2(1986)ACC24
Mahinder Narain, J.1. On 6-4-1976 at about 1.45 p.m. a scooter was being driven by Sh. Krishan Lal Sawhney, along the Netaji Subhash Marg. He was proceeding from Darya Ganj side towards the Red Fort, the appellant Mohinder Singh was driving a Mini bus DLP 5724 in the same direction as the scooter driven by Sh. K.L. Sawhney. The Mini bus DLP 5724 hit the scooter driven by Shri K.L. Sawhney from behind. After hitting the scooter the Mini bus driven by the appellant Mahinder Singh, dragged the scooter for a distance of about 50 to 70 feet.2. As a result of this collision, K.L. Sawhney died on the spot. K.L. Sawhney was an employee of the Life Insurance Corporation of India. He was a M.A. LL.B. and, was, at the date of the collision, 47 years of age. A claim petition, under Section 110 of the Motor Vehicles Act was filed against the appellant Mahinder Singh, the driver of the Mini bus DLP 5724; M/s Upkar Singh and Sons, the owners of the vehicles; and M/s New India Assurance Co. Ltd., the ...
Mehboob Singh JaIn and Sons Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-07-1986
Reported in: (1987)(27)ELT695TriDel
1. This is an application for referring 'certain questions of law as arising out of the order of the Tribunal in Appeal No. 1488/83-NRB.2. The facts of the case are as follows : On 27-8-1982 the licensed premises of the applicants at 1707, Dariba Kalan, Delhi was checked by the Gold Control Preventive Officers. The stocks and accounts of gold and gold ornaments were checked. Both the Partners, S/Shri Daryao Singh Jain and Bahadur Singh Jain, were present. They also produced the statutory records maintained by them under the Gold (Control) Act, 1968. The stock was checked in the presence of two independent witnesses and a quantity of 2386.7.50 gms, of gold ornaments of 12/24 carats purity valued at Rs. 3,74,843.00 was found in excess. They were seized under Section 66 of the Gold (Control) Act on the ground that they were liable for confiscation 'under Section 71 of the Act. It must be said that on 28-8-1982 the applicants sent a telegram to the Collector of Central Excise, New Delhi s...
Madan Lal Chauhan Vs. State
Court: Delhi
Decided on: Jan-07-1986
Reported in: 1986(1)Crimes452; ILR1986Delhi609; 1986RLR151
G.R. Luthra, J.(1) By way of this judgment, two revision petitions, one of Madan Lal Chauhan and the other of Basant Singh, against the same order dated January 31, 1985 of Shri Rakesh Kapoor, Metropolitan Magistrate, New Delhi directing the framing of the charge under sections 420, 458, 471, 406 read with section 120-B Indian Penal Code , are being decided. Madan Lal Chauhan filed revision petition in the High Court itself and the same is No. 93 of 1985. Basant Singh filed the criminal revision petition in the Court of Sessions and vide order dated August 16, 1985 (passed in the file of Crl. Rev. 98/85 the same was directed to be transferred to this Court. It appears that the criminal revision of Basant Singh has not still been registered by the registry. That should be done immediately. The judgment is being recorded in Criminal Revision No. 93 of 1985 filed by Madan Lal Chauhan.(2) The case of the prosecution in nutshell is that the aforesaid petitioners and one R. T. Jagtiani enter...
Muthu Paint Industries Private Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-06-1986
Reported in: (1986)(6)LC762Tri(Delhi)
1. The appeal is against the order of the Additional Collector of Central Excise, Madurai, dated 25.2.1984. The brief facts of the case are as follows: 2. On the basis of the intelligence gathered, the Divisional Preventive staff, Central Excise. Madurai made a surprise visit on 10.1.1983 to the appellants' factory situated in Kappalur Industrial Estate, Madurai. The accounts of the appellants were checked. Shri Muthukkaruppa Nadar, the Managing Director was present at that time.The appellants claimed benefit of Exemption Notification No. 80/80 dated 19.6.1980 on the ground that they were producing paint falling under Central Excise Tariff Item 15 without the aid of power. The claims were verified for 1982-83 and it was found that upto 29.12.1982 the total value of the clearances was Rs. 3,91,389.33. On a physical verification, paints worth Rs. 15,800/- were found in the manufacturing ball of the factory. There was also a one litre tin containing enamel finish paint white with the mar...
Hindustan Polymers Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-06-1986
Reported in: (1986)(7)ECC53
1. These two Appeals-one a Revision Application presented to Government of India and transferred to the Tribunal as an appeal presented before it and the other an appeal to the Tribunal- raise common questions of fact and law and are disposed of by this common order.2. The present proceedings are the outcome of show cause notices dated 6-2-1981 (Annexures 2 and 3) and 2-3-1982, the first two issued by the Assistant Collector of Central Excise, IDO, II Divn. Visakhapatnam and the last by Superintendent, Central Excise, Range VI, Visakhapatnam. By show cause notices dated 6-2-1981 it was proposed to classify the appellant's product coloured polystyrene compounds' under residuary Tariff Item No. 68 for the period 18-6-1977 to 10-8-1980 (Annex. 2) and 11-8-1980 to 31-12-1980 (Annex. 3). The details of the duty demanded are set out in annexures to show cause notices. Show cause notice dated 2-3-1982 relates to period 1-11-1981 to 31-1-1982 and is made on the basis of RT 12 returns. In resp...
Collector of C. Ex. Vs. Standard Alkali
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-03-1986
Reported in: (1989)(43)ELT318TriDel
1. Appeal No. 250/82 is an appeal by the Department against the order of the Collector of Central Excise (Appeals), Bombay, dated 16-6-82 whereby he allowed two appeals of the respondents. The facts leading to the appeal are as follows :- 2. M/s. Standard Alkali have their manufacturing unit at Thane. They submitted a classification list on 31-3-78. Item one therein was Pottasium Carbonate falling under T.I. 68 of the First Schedule to the Central Excises & Salt Act, 1944. The respondents claimed exemption from the whole of the duty leviable on the basis of Notification 62/78-C.E., dated 1-3-78. This classification list was approved by the Asstt. Collector on 26-5-78. He had forwarded a letter of even date wherein inter alia it was mentioned that the respondents were allowed to clear the goods by following procedure under Rule 9(b). They were required to submit the enduse certificate duly certified by the Central Excise authorities having jurisdiction over the factory where such d...
Bharat Steel Tubes Limited Vs. Ram Piari Setm
Court: Delhi
Decided on: Jan-03-1986
Reported in: AIR1986Delhi232; 29(1986)DLT514; 1986RLR166
J.D. Jain, J.(1) This order of mine disposes of an objection of preliminary nature raised by counsel for the respondent to the A maintainability of this review petition under Order XIvii Rule 1 etc. of the Code of Civil Procedure (hereinafter referred to as 'the Code').(2) The facts germane to the decision of the question raised by the learned counsel for the respondent in brief are that . B eviction of the petitioner-tenant from the demised premises viz. the first floor of property No. 16, Friends Colony. New Delhi, by the respondent-landlady on the ground of bonafide requirement for herself and members of her family falling under clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act (for short 'the Act') read with Section 25B thereof. The eviction petition was contested by the petitioner but eventually an order of eviction was made by an Additional Rent Controller on 13th October 1980 and the petitioner was directed to surrender vacant possession of .the premises i...
Delhi Cloth and General Mills Co. Ltd. Vs. Addl. Commissioner of Incom ...
Court: Delhi
Decided on: Jan-03-1986
Reported in: (1986)51CTR(Del)228; [1986]160ITR857(Delhi)
S. Ranganathan, J.1. This reference under the Income-tax Act, 1961, relates to the assessment year 1964-65. At the instance of the assessed, M/s. Delhi Cloth & General Mills Co. Ltd., four questions have been referred to us for opinion :' 1. Whether, on the facts and in the circumstances of the case, the sum of Rs. 62,500 paid to the Indian National Congress is a permissible deduction under the Income-tax Act, 1961 ?2. Whether the sale proceeds of trees at Barhani amounting to Rs. 22,605 were on the facts and circumstances of the case completely exempt from tax under Section 10(3) of the Income-tax Act being receipts of casual and non-recurring nature ?3. Whether, on the facts and in the circumstances of the case, the entire expenditure on electric fittings of Rs. 11,807 at the retail cloth depots of the assessed company is a permissible deduction under the Income-tax Act, 1961, and whether the Tribunal was justified in restricting the deduction to such expenses as related to old depot...
Commissioner of Income-tax, Delhi (Central-i) Vs. Raunaq International ...
Court: Delhi
Decided on: Jan-02-1986
Reported in: [1986]158ITR701(Delhi); 1986RLR155b
S. Ranganathan, J.1. These are two applications under section 256(2) of of the Income-tax Act, 1961, by the Commissioner of Income-tax. They relate to the assessment years 1973-74 and 1976-77, respectively. They seek the reference to this court of a question as to whether the Income-tax Appellate Tribunal was correct in holding that certain categories of expenditure incurred in India by the assessed qualify for the weighted deduction under section 35B of the Income-tax Act, 1961. 2. The assessed is a private limited company and it has been found as a fact that 89-41% of its total sales represent export sales. For the assessment year 1973-74, the assessed claimed, inter alia, deduction under section 35B in respect of repairs and renewals (Rs. 7,141), directors' remuneration (Rs. 28,102), electricity and power (Rs. 8,092) and expenditure on foreign customers (Rs. 3,201). The Appellate Tribunal has held the assessed to be entitled to deduction under section 35B in respect of 75% of the fi...
Vrinda Anand Vs. Arun Anand and ors.
Court: Delhi
Decided on: Jan-02-1986
Reported in: AIR1987Delhi97; 1986(2)ARBLR5(Delhi); 30(1986)DLT32; 1986RLR144
D.K. Kapur, J. (1) This is an appeal directed against an order passed in a petition under Order 33, Rule I of the Code of Civil Procedure which is pending on the Original Side of this Court. The petitioner in that case I.P.A. No. 19 of 1974, has sued for return of her Stridhan or alternatively for the recovery of a sum of Rs. 2,39,157.00 being the value of that Stridhan. She has claimed to be an indigent person not in a position to pay the courtfee required for a suit of this nature. The first respondent in that case is the husband of the applicant. Amongst the property claimed are five National Savings Certificates of seven years maturity. Each Certificates is of a sum of Rs. 1,000.00 and the maturity value is Rs. 10.000.00 . These Certificates are Nos. 364930 to 364934. The said respondent or rather the ex-husband as the divorce has now been granted, offered these five Certificates to the petitioner during her cross-examination. The learned Court had to decided whether the offer of t...
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