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Delhi Court December 1986 Judgments

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Dec 02 1986

Hastings Mill Limited Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Dec-02-1986

Reported in: (1987)(11)LC632Tri(Delhi)

1. Jute yarn and twine manufactured by the appellants M/s Hastings Mill Ltd. were being used by them for further manufacture into jute manufactures classifiable under Item 22-A, CET. The Superintendent issued a show cause/demand dated 18/24-4-1981 demanding cess payable under the Jute Manufactures Cess Rules in respect of jute twine manufactured and utilised during the period 1-11-1980 to 28-2-1981 in the manner abovesaid. The appellants resisted the demand claiming that no such cess was payable in respect of twine utilised by way of captive consumption for further manufacture of jute manufactures. The Assistant Collector overruled the said objection and confirmed the demand. This was upheld by the Appellate Collector also. The revision petition preferred by the appellants against the said order to the Central Government is the present deemed appeal before us.2. We have heard Shri V. Sridharan, Chartered Accountant, for the appellants and Shri Vineet Kumar for the respondent.3. The ce...


Dec 01 1986

Kali Charan Basant Lal Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Dec-01-1986

Reported in: (1989)(41)ELT162TriDel

1.Both the captioned appeals arise out of the Common Order-in-Original No. 4/86 dated 6-6-86 passed by the Collector of Central Excise, New Delhi, confiscating the seized gold ornaments with an option to redeem the same besides the personal penalty on both the appellants.2. Factual backdrops : It is the case of the Revenue that during the course of checking of the stock of gold/gold ornaments of M/s.Tribhovandas Bhimji Zaveri, Gold Dealers, Janpath, New Delhi (not before us) on 25-1-85, the staff deployed on surveillance duty outside the said shop of M/s. Tribhovandas Bhimji Zaveri noticed the appellant Shri Manoj Kumar who was subsequently taken inside the shop of the said M/s. Tribhovandas Bhimji Zaveri. It is alledged that as a result of his personal search new gold ornaments wrapped in white papers were recovered. The same were seized under Section 66 of the Gold (Control) Act, 1968. In his statement recorded on the spot the appellant Shri Manoj Kumar stated that his father Shri K...


Dec 01 1986

Lucky Star Estates (i) Pvt. Ltd. Vs. Delhi Development Authorities

Court: Delhi

Decided on: Dec-01-1986

Reported in: 1987(12)DRJ229; 1987RLR147

N.N. Goswamy, J.(1) This suit for recovery of Rs. 1,10,000/ has been filed by the plaintiff in the following circumstances. (2) The defendant, the Delhi Development Authority, in its capacity as a statutory body and in discharge of its public function held an open auction on 25-7-1974 for the sale of cinema plot No. 70, Nehru Place, Kalka Ji, New Delhi for grant of perpetual lease-hold right. The relevant conditions of auction were that-the highest bidder had to pay 25% of the old amount towards the earnest money in cash or in the form of bank draft at the fall of the hammer. The balance amount of 75% had to be paid within 120 days from the date of issue of communication for acceptance of the bid. The highest bidder had to construct cinema house on the plot in question within a period of three years from the date of communication of acceptance of the bid, and the highest bid had to be accepted 'by the defendant or its officer who had been authorised to do so. The plaintiff being the hi...


Dec 01 1986

Amar Singh Vs. State

Court: Delhi

Decided on: Dec-01-1986

Reported in: 1987(1)Crimes228; 31(1987)DLT64; 1987RLR71

M.K. Chawla, J.(1) The present revision petition is directed against the order of the Metropolitan Magistrate dated 3.5.86 whereby the present petitioner along with others was charged to stand trial for offences punishable under Sections 419/420/468 and 471 read with Section 120B IPC. (2) In order to appreciate the scope of argument of the present petitioner it will be relevant to keep in mind the salient features of the prosecution case. M/s Maheshwari Electricals ., during the course of their business issued ten cheques of different amounts to their different parties on or about 7/8.11.1983. Those cheques could not reach their destination and were stolen from different letter boxes in Delhi. On enquiries, the complainant company came to know that one of the cheques for Rs. 165135 has been encased by some person other than the one in whose name it had been drawn. Again, their bankers, i.e. Canara Bank, informed the company on 15.11.1983 that another cheque for Rs 384750, which had bee...


Dec 01 1986

Devi Pershad Vs. Ghanshyam Dass

Court: Delhi

Decided on: Dec-01-1986

Reported in: 31(1987)DLT62; 1987RLR82

Sunanda Bhandare, J.(1) This petition is directed against the order of the Competent Authority under the Slum Areas (Improvement & Clearance) Act (hereinafter referred to as the Act) dated 16th April 1973 whereby the application filed by the positioner for the stay of the proceedings under Section 19 of the Act was dismissed.(2) The respondent herein, filed an application under section 19(1) of the Act is respect of one room and varandah in front of the said room, on the first floor of House No. 3664, Gali Jamadar, Pabari Dhiraj, Delhi. In these proceedings, the petitioner Lerein, moved an application for adjournment of the proceedings dine die or stay of the proceedings on the ground that another suit was filed by the respondent in the Court of Sub Judge, 1st Class, Delhi for possession of a tin shed and entire terrace over shops no. 3661-3(64 in the same premises in dispute.(3) It was contended by the learned counsel for the petitioner that in the said suit the respondent has sought ...


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