Delhi Court February 1986 Judgments
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Delhi Administration Vs. Satish Chand Sharma
Court: Delhi
Decided on: Feb-06-1986
Reported in: 1986(10)DRJ306
Malik Sharief-ud-din, J.(1) The respondent Satish Chand Sharma, was charged under Section 5(l,)(d) of the Prevention of Corruption Act, 1947, for an offence punishable under Section 5(2) and he was also charged under Section 161, Indian Penal Code, by the Special Judge Delhi, and was finally acquitted of the charges by his order dated 28th May, 1976. Aggrieved by the acquittal of the respondent State has come in appeal. (2) To begin with, the charge against the respondent is as under : 'THAT on 20-12-1974 at Delhi while employed and posted as Engineering Supervisor (Automobiles) Modern Bakeries. Delhi Unit, a Government of India Enterprise, New Delhi, a public servant in the discharge of his official duties as such public servant, by corrupt or illegal means or otherwise by abusing his position as such public servant, had accepted or obtained Rs. 250.00 from Shri Jaswant Singh, Proprietor M/s. Khalsa Tyre Soles, Rohtak Road, Delhi and thereby committed an offence under Section 5(l)(d) ...
Robert Lendi Vs. K.K. Dwivedi and ors.
Court: Delhi
Decided on: Feb-06-1986
Reported in: 1986(1)Crimes616; 29(1986)DLT383; 1986(10)DRJ297
R.N. Aggarwal, J.(1) The challenge in this writ petition is to the legality and validity of the order dated 20th May 1985 passed by Shri K.K. Dwivedi, Joint Secretary to the Government of India for detaining Mr. Robert Lendi, a Swiss national, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order states that the said detenu is being detained with a view to preventing him from smuggling goods.(2) The relevant facts are that on 7th April 1985 the detenu arrived at the Delhi Airport from Zurich by flight No. Lh 660. After collecting his baggage he walked through the green channel. The detenu was stopped and his baggage was subjected to a thorough search but nothing was recovered except that an empty cavity was noticed in one of his handbags. The person of the detenu was searched and he was found wearing a belt tied around his waist. On an examination of this belt 40 pieces of gold biscuits weighing 250 grams each (total 10 K...
Venus Engineering Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-05-1986
Reported in: (1986)(25)ELT553TriDel
1. This appeal dated 11-12-1980 has been filed by M/s Venus Engineering Private Limited against the order No. 624/80 dated 26-9-80 passed by the Central Board of Excise & Customs, New Delhi.2. By an order dated 3-1-1980 the Collector of Central Excise, Baroda imposed on M/s Venus Engineering a penalty of five thousand rupees and also directed them to pay central excise duty on goods valued three million seven thousand two hundred sixty rupees cleared without payment of duty. The dispute centres round the question whether the number of workers in M/s Venus factory was more than 50 or less. It said that the manufacturers had shown 40 workers in the factory of production whereas the investigation showed that 15 people worked as workers in addition; in the factory in fabrication work. The Central excise therefore said that the manufacturers were not entitled to the exemption under notification No. 54/75-CE.3. The learned counsel for M/s Venus Engineering argued that 15 workers who did...
Tinplate Company of India Limited Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-05-1986
Reported in: (1987)(13)LC97Tri(Delhi)
1. This is a miscellaneous application filed by the Respondent in the appeal before us-filed by M/s. Tinplate Company of India Ltd.-praying for the addition of (1) M/s. Iron & Steel Controller 234/4-A.J.C. Bose Road, Calcutta-20, (3) M/s. K.R.S. Steel Union Mittal Court (4th Floor) 'B' Wing, Nariman Point, Bombay-21 as Respondents. (a) there is a "dispute amongst certain parties involved in importation of the goods regarding the liability arising out of the demand notice issued under S. 28(1) of the Customs Act, 1962 (hereinafter, the Act); and (b) any decision in the instant appeal is likely to affect the interests of the aforesaid parties.Accordingly, it is prayed that in the interests of justice and in exercise of the powers vested in the Tribunal under Rule 41 of the CEGAT Procedure Rules, 1982, the aforesaid parties may be impleaded. (a) the imported goods, namely, 19039.26 M/Tonnes of T.M.B.P. Coils, liable to be assessed to customs duty under Heading 73.13 of the Customs Ta...
Madan Lal Vs. State
Court: Delhi
Decided on: Feb-05-1986
Reported in: 30(1986)DLT83; 1986(10)DRJ282
Charanjit Talwar, J.(1) By this petition the legality of the judgment passed on 24th November, 1984, by an Additional Sessions Judge, New Delhi, dismissing the appeal of the present petitioner against his conviction and sentence for the offence punishable under section 7/16 of the Prevention of Food Adulteration Act, is being challenged. To appreciate the contentions of Mr. Mathur, learned counsel for the petitioner, it is useful to notice the salient facts of the case. (2) The petitioner is carrying on the business under the name and style of Rajdhani Masala Company. This concern was registered with the Directorate of Agricultural Marketing for gradiation of ground spices and curry powder. Thus it was a dealer of Agmark products The petitioner was carrying on his business as proprietor of that concern in premises bearing No. 4298, Tri Nagar, Delhi. (3) On 23rd April, 1981, at about 4.30 p.m. Food Inspector M.K. Gupta (Public Witness 2) accompanied by another Food Inspector S K. Sharma...
Parvati and ors. Vs. Anand Parkash Alias Nand Lal
Court: Delhi
Decided on: Feb-03-1986
Reported in: AIR1987Delhi90; 1986(10)DRJ350
J.D. Jain, J.(1) This second appeal is directed against judgment and decree dated 4th January, 1980 of an Additional District Judge, Delhi dismissing the appeal filed by Sh. Hans Raj, deceased, predecessor-in-interest of the appellants against judgment and decree dated 13th July, 1978 of a Subordinate Judge 1st class whereby the suit of the plaintiff respondent Shri Anand Parkash for possession of the premises in suit bad been decreed with costs. A notice was issued to the respondent to show cause as to why the appeal be not admitted and in response to the said notice the respondent has raised a preliminary objection to the effect that this appeal is barred by time. The facts on the basis of which the said objection is sought to be raised are as under: The appeal was originally filed by the appellants through their counsel on 1st May, 1980. On security and examination thereof the office pointed out the following defects : (I)certified copy of the grounds of appeal filed before the lowe...
Kamalanand Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-03-1986
Reported in: ILR1986Delhi63; 1986LabIC1858
H.L. Anand, J. (1) By this petition under Article 226 of the Constitution of India, the petitioner, a Restorer in this Court, seeks a writ of mandamus to compel the Central Government, the Delhi Administration and this Conn to grant to the petitioner the higher pay-scale of Rs. 400 600, the scale presently applicable to the Restorers, working in the High Courts of Punjab and Haryana and Himachal Pradesh, inter alia, by the enforcement of the principle of equal pay for equal work embodied in Article 39(d) of the Constitution as a Directive Principle of State Policy, in so far as it is enforcesable as part of the fundamental rights guaranteed by Articles 14 and 16 of the Constitution.(2) The petition has been filed in the following circumstances. The petitioner joined the service of the then Punjab High Court in 1960 as Daftari. In 1964, he was romoted as a Restorer. The petitioner continued to serve in that capacity in the Punjab High Court until his services were transferred to this Co...
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