Delhi Court October 1986 Judgments
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Himland Exports (Pvt.) Ltd. Vs. Income-tax Appellate Tribunal and Othe ...
Court: Delhi
Decided on: Oct-06-1986
Reported in: (1987)59CTR(Del)54; [1987]167ITR478(Delhi)
S. Ranganathan J.1. These are two appeals under section 269H of the Income-tax Act, 1961, challenges the validity of an acquisition under section 269F(5) of the said Act of a plot of land situated in Greater Kailash. We are of the opinion that no question of law arises out of the order of the Tribunal confirming the order of acquisition and that these appeals have to be dismissed. We shall briefly give our reasons. 2. Plot No. S. 332, Greater Kailash, Part II, measuring 300 sq. yards was agreed to be sold by the original owners Narinder Pal Singh and Inder Kaur, to one Sushil Ratan Gupta at Rs. 4,025 per sq. yard or for Rs. 12,07,500. The original owners executed a receipt dated October 14, 1981, which, however, was a detailed one setting out the terms and conditions under which the property was agreed to be sold. An advance of Rs. 40,000 was received. However, the original owners subsequently entered into a registered agreement in February, 1982, to sell the same property to M/s. Himl...
AshwIn Vanaspati Industries Pvt. Ltd. Vs. Union of India and ors.
Court: Delhi
Decided on: Oct-06-1986
Reported in: ILR1986Delhi506
Mahesh Chandra, J. (1) By this order I propose to dispose of suit No. 1811-A of 1985 filed by M/s. Ashwin Vanaspati Industries Pvt. Ltd. (hereinafter referred to as Contractor) against Union of India under Sections 14 and 17 of the Arbitration Act for getting the Award filed in the Court and making it a Rule of Court, and objections filed against the award under Sections 30 and 33 of the Arbitration Act and registered as I.A. 342 of 1986. (2) In suit No. 1811-A/85 it was contended by the Contractor that the contractor had entered into contract with Union of India for supply of 4600 Mt of Vanaspati for supply to defense Services in accordance with the terms and conditions as reduced in acceptance of tender No. .J-13031/17/237180-PUR- Iv dated 3rd October, 1980 but the Contractor could not- complete the supplies for certain acts of omission and commission of the Union of India besides some other reasons and supplied only 3450 Metric Tonnes of Vanaspati, leaving a balance quantity, of 115...
Bimla Kapoor Vs. Manager, JaIn Girls Higher Secondary School and ors.
Court: Delhi
Decided on: Oct-06-1986
Reported in: 1987(12)DRJ112
Sunanda Bhandare, J. (1) The petitioner was appointed as Assistant Teacher on 1/8/1956 in the Jain Girls Higher Secondary School,, Dharampura, Delhi later on re-named as Jain Girls Senior Secondary School (hereinafter referred to as the 'School'). On 12/3/1957 the Director of Education sanctioned two posts of Senior Language Teacher; one for Hindi and another for Sanskrit in the pay scale of Rs. 120-300 and, thereforee, the petitioner was given the scale of Rs. 120-300 w.e.f. 12/3/1957 on which date the petitioner claims to have been confirmed as a Senior Language Teacher. Given the scale ofRs. 120-300 w.e.f. 12/3/1957 on which date the petitioner claims to have been confirmed as a Senior Language Teacher. Respondent No. 5 Mrs. Kamlesh Bhatnagar was appointed with the School and in the scale ofRs. 120-300 on 23/8/1957 and was confirmed in that grade on 10/8/1958. On 9/5/1958 respondent No. 4 Director of Education, Delhi Administration sanctioned three more posts to the School; two of P...
Kores India Limited Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-03-1986
Reported in: (1986)(10)ECC248
1. The appellants manufacture articles of stationery such as carbon paper, stencil paper, ribbons, duplicating ink, etc. at their factory in' Thane. Among the products of the appellants one is Stencil Paper also referred to as duplicating stencil according to the appellants.This consists of stencil skin, carbon paper and backing paper and stencil head. For the manufacture of this product the appellants import tissue paper known as Eltoline. This tissue paper is treated with a chemical solution called "Melt" and the said paper is then passed through a heat chamber for drying. The resultant product is "stencil skin". The appellants purchase duty paid tissue paper and convert the same into carbon paper through a process. They purchase duty paid printing and writing paper and use the same as backing paper for this stencil paper. The said stencil paper is made by collecting together the stencil skin, carbon paper and backing paper. The scale printing is also done simultaneously with collat...
Universal Asbestos Mfg. Co. (P) Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-03-1986
Reported in: (1987)(11)ECC250
2. On account of the view that we are going to take in this appeal, we do not propose to enter into the merits of the case.3. It appears that originally by order in original No.208/(22F)80-Collector-20/81 dated 2-3-1981, the learned Collector was pleased to impose excise duty and also penalty on the appellant. The appellant went up in an appeal against this order before the Central Board of Excise & Customs. By order no. 481P of 1981 dated 21-8-1981, the learned Board set aside the above mentioned order of the Collector and remanded the case back to the Collector for de novo adjudication after affording full opportunity to the appellants to put up their defence and after observing the principles of natural justice.4. Thereafter the learned Collector by his order in original No. 5 de novo (22F)80/Collr. 64/82 dated 15-7-1982 held that there was no justification to change the order already passed by the Collector. The concluding portion of his order runs as follows: I, therefore, co...
Voltas Limited Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-03-1986
Reported in: (1986)(10)ECC273
1. The issue involved in these three appeals, captioned above, ralates to the classification for the purpose of customs duty in respect to the goods imported by the appellants vide Bills of Entry: (1) No. 1712 dated 13-7-1977 (Appeal No. C/1973/86-B2); (2) No. 3333 dated 13-11-1977 (Appeal No. C/1974/86-B2); and (3) No. 1154 dated 8-12-1977 (Appeal No. 1118/79-B2), respectively.2. The goods imported by means of all the above-mentioned three Bills of Entry were of the same description, and although we do not have the Bills of Entry filed before us but, according to the refund claims, the description was: 'drill pipes'. These were assessed to customs duty under TI 73.17/19(2) of the CTA, as it prevailed at the time of imports; namely, in the Tariff of 1977. The CV duty was charged with reference to Tl 26AA of the CET. There is no dispute as to the application of this Tariff Heading in so far as CV duty is concerned but for the fact that in one case, which is B/E No. 1154 dated 8-12-1977...
Techno Chemical Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-03-1986
Reported in: (1987)(11)ECC94
1.This is an appeal against the order of the Collector of Central Excise (Appeals) who has upheld the levy of duty in respect of P or P foods and soaps manufactured by the appllants denying the benefit of notification No. 80/80 on the ground that the clearances of the excisable goods made by the appellants in the preceding year, i.e., 1980-81, were more than 20 lakhs. The Assistant Collector held that for the purpose of notification No. 80/80 as amended by the notification No. 73/81, the aggregate value of the clearances during the preceding year 1980-81 should be reckoned after taking into account the goods falling under item No. 68 even though exempted under various notifications. The appellants were manufacturing soap and P or P Foods and other items falling under item 68 apart from the spice powders which are exempted. The aggregate value of the goods cleared by them during 1980-81, other than the spice powders, was Rs. 19,73,254.85. The value of the spice powders cleared was Rs. ...
Pyare Lal and anr. Vs. Sita Ram Mamgoi and anr.
Court: Delhi
Decided on: Oct-03-1986
Reported in: 31(1987)DLT140; 1986(11)DRJ335
Jagdish Chandra, J. (1) Petitioner No. I Pyare Lal is the father of petitioner No. 2 Jagdish Kumar Ghai and both of them have filed this revision petition under Sections 397/401 of the Code of Criminal Procedure, 1973 (in short 'the Code') against the judgment dated 23rd September, 1985 passed by Shri Mahesh Chandra, then Addl. Sessions Judge, New Delhi, who had accepted the revision petition of respondent No. I and set aside the order of summoning dated 3rd June, 1985 passed by Shri O.P. Gupta, Metropolitan Magistrate, New Delhi, on the complaint of the petitioners.(2) The petitioners had filed a complaint against respondent Sita Ram Mamgoi, then S.H.O. of Police Station Lodhi Colony. New Delhi, and the Police Commissioner and the State under Sections 326/307/506/354/355/356/357 Indian Penal Code alleging that on 25th July, 1984 at about 5-30 P.M. tw police officers and a constable came to their residence and pressed them to go to the police station Lodhi Road and that respondent Sita...
Neelam TIn Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-01-1986
Reported in: (1987)(10)LC233Tri(Delhi)
1. E-Appeal No. 1157/ 81-D of M/s. Neelam Tin Industries was dismissed under Order No. D-438/85 dated 11-12-85. The appellants have filed the present application under Section 35C(2) of the Central Excises and Salt Act According to them their case would be covered by Notification No. 97/84-CE dated 23-4-84 issued by the Central Government under Section 11C of the Central Excises and Salt Act, 1944 and that a copy of the said notification was filed by them on 9-12-85 bringing to the attention of the Tribunal the said notification but that without the same being taken into account the order dated 11-12-85 had been passed.According to them there has, therefore, been an error apparent from the record in the order dated 11-12-85 and therefore the said error is to be rectified.2. We have heard Shri P.N. Avasthi, Advocate for the applicants/ appellants and Shri Vineet Kumar for the Deptt.3. In this case arguments in the appeal had been heard on 14-10-1985 and the orders had been reserved. Th...
Raj Kumar Aggarwal Vs. the State
Court: Delhi
Decided on: Oct-01-1986
Reported in: 1987(12)DRJ62; [1987]65STC238(Delhi)
Jagdish Chandra, J.1. The petitioner, Raj Kumar Aggarwal, has brought this petition under section 482 of the Code of Criminal Procedure, 1973 (in short the Code) for the setting aside of the order dated 15th February, 1986, passed by Shri P. D. Gupta, Metropolitan Magistrate, New Delhi as also for quashing the proceedings pending in the said court in case FIR No. 721 of 1981 of Police Station, Connaught Place, New Delhi. 2. The offence is alleged to have taken place during the tenure of the petitioner as Company Secretary of M/s. Jain Sudh Vanaspati Ltd. (hereinafter to be referred to as the company) when in the year 1978-79 the company imported palm oil from Singapore, which arrived at Bombay and was got cleared through clearing agents M/s. Damani Bros., Bombay. The company sold 23,940 tins of said palm oil on consignment basis to M/s. Hind Agencies, Barabanki (U.P.), during the period from 3rd January, 1979, to 8th January, 1979. However, on the directions of the company the clearing...
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