Delhi Court March 1986 Judgments
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Parmender Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-14-1986
Reported in: 1986(2)Crimes27; 1986(11)DRJ68
Charanjit Talwar, J.(1) By this petition for a writ of habeas corups, the petitioner. Pariminder Singh. seeks quashing of the order of detention passed on 16th September 1981 by Shri V. B. Gujral, Additional Secretary to the Government of India, the officer who was specially empowered under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter referred to as 'COFEPOSA'). The order was passed under Section 3 of the Act with a view to preventing the petitioner from smuggling goods. A copy of the same has been annexed as Annexure 'A' The petitioner, however, was detained on 3rd September 1985 i.e., after about four years of passing of the order and is at present lodged in presidency jail, Calcutta. The petitioner has taken various grounds to challenge the legality and validity of the order of detention and also his continued detention, but it is not necessary for us to deal with all of them as in our opinion the petition must s...
Murti Shri Radha Krishanji Bhagwan Vs. Jug Lal and anr.
Court: Delhi
Decided on: Mar-14-1986
Reported in: 30(1986)DLT101; ILR1986Delhi137; 1986RLR359
B.N. Kirpal, J.(1) In this petition under Article 227 of the Constitution the challenge is to the decision of the Lt. Governor, Delhi, who held that proceedings initiated by the petitioner herein under the provisions of the Punjab Tenancy Act were barred by principles of rest judicata. (2) Briefly stated, the facts are that the petitioner filed a suit under section 77(3) (e) and (n) of the Punjab Tendency Act, 1887 for ejectment of Respondent No. I from Killa No. 2, Rectangle No. 43, measuring 4 bighas and 16 bids was situated in Village Daryapur Kalan and also for the recovery of the sum of Rs. 288.00 as arrears of rent for the years 1961-62 to 1963-64. In the said proceedings it was alleged that the land in question was exempted from the operation of the Delhi Land Reforms Act. The petitioner who had filed the proceedings contended that he was the Pujari and Manager of the temple Murti Shri Radha Krishan Ji Bhagwan, Mandir Shri Radha Krishan. (3) The respondent in his reply, raised a...
Baldev Raj Batra and ors. Vs. Krishan Lal and ors.
Court: Delhi
Decided on: Mar-13-1986
Reported in: 29(1986)DLT449; 1986(11)DRJ105
D.K. Kapur, C.J.(1) This is a regular second appeal arising out of a suit for possession and recovery of damages for wrongful use and occupation. The property involved is a portion of building No. 2674 Bhagat Singh Street, Chuna Mandi, Paharganj, New Delhi which was acquired evacuee property auctioned to the plaintiff on 26th June, 1959. The highest bid of the plaintiff No I was accepted and a sale certificate effective from 28th December, 1960 was issued on 28th February, 1965. The claim was that the first defendant was in occupation of a portion of the property and his status was that of a trespasser because his possession was never confirmed or regularised by the Custodian Evacuee Property/Managing Officer. Alternatively it was pleaded that he was not protected as he had not paid the arrears of rent to the Custodian. As far as the second defendant was con cerned, it was claimed that she was in occupation on behalf of the first defendant and she had no independent right at all in the...
Delhi Cloth and General Mills Company Ltd. Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-13-1986
Reported in: 1986(11)DRJ64
B.N. Kirpal, J.(1) The challenge in this writ petition is to the rate of terminal tax which can be imposed on sodium chloride which is imported by the petitioner for the manufacture of caustic soda.(2) There is little dispute on facts in the present case. It is a admitted case of the parties that the terminal tax is livable under Section 178 of the Delhi Municipal Corporation Act, 1957 on the rates prescribed from time to time. The petitioner has been importing sodium chloride. Previously it was being termed by the petitioner as common salt. Subsequently the petitioner has been terming this material as salt for industrial purposes. According to learned counsel for the petitioner the reference limeade that the import is for industrial purposes in order to get higher priority for railway booking.(3) In the 10th schedule to the Municipal Corporation Act rates of terminal tax on different classes of goods is specified. In Class Iii, Item No. 9 reads as follows : - Class III-ARTICLES Used F...
Commissioner of Wealth-tax Vs. Smt. Ananti Devi
Court: Delhi
Decided on: Mar-12-1986
Reported in: (1986)53CTR(Del)45; [1987]163ITR482(Delhi)
Yogeshwar Dayal, J.1. In this W.T.R. No. 37 of 1976, the following question has been referred to this court for its opinion : 'Whether, on the facts and in the circumstances of the case, and in view Explanationn 1 to section 5(1)(viii) of the Wealth-tax Act, 1957, gold ornaments of the assessed of the value of Rs. 4,760 were 'jewellery' and were, thereforee, not includible in the total wealth of the assessed for the assessment year 1963-64 ?' 2. The aforesaid question arises in the following circumstances : The assessed filed wealth-tax return for the assessment year 1963-64 but she did not disclose the value of her jewellery in the said return. She was under the impression that the jewellery is exempt from her assets in view of section 5(1), sub-section (viii) of the Wealth-tax Act. However, on notice being issued to her, she filed a valuation report, inter alia, disclosing gold ornaments of the value of Rs. 4,760. The Wealth-tax Officer vide order dated March 30, 1973, included it fo...
Commissioner of Wealth-tax Vs. A.N. Sarvaria
Court: Delhi
Decided on: Mar-12-1986
Reported in: (1986)52CTR(Del)296; [1986]161ITR694(Delhi)
Yogeshwar Dayal, J.1. The following question has been referred to this court for its opinion under section 27(1) of the Wealth-tax Act, 1957 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in cancelling the order of the Commissioner of Wealth-tax passed under section 25(2) of the Wealth-tax Act, 1957, which directed the Wealth-tax Officer to consider initiation of proceedings under section 18(1)(a) of the Act in the fresh assessment proceedings ?' 2. The question arises in the following circumstances : The assessment year involved in 1967-68 for which the Wealth-tax Officer completed the assessment by her order dated December 23, 1971, on the assessed who is taxed in the status of an individual. His valuation date was March 31,1967. Though the return was filed late, the Wealth-tax Officer did not initiate penalty proceedings as contemplated by the provisions of section 18(1)(a) read with section 18(2) of the Wealth-tax Act. 3. The Commissioner of...
Lal Chand Tilak Raj Vs. Union of India
Court: Delhi
Decided on: Mar-12-1986
Reported in: 1989(42)ELT549(Del)
B.N. Kirpal, J.1. The challenge in this writ petition is to the action which has been taken against the petitioner for the alleged violation of the defense of India Act and Gold Control Rules, 1962 as amended, read with Gold Control Act, 1968. The petitioner is admittedly a gold dealer and carried on business as such in its premises at Amritsar. 2. On the 5th December, 1966 it is alleged that the petitioner received from the G.P.O. Amritsar an insured post parcel bearing No. 772, dated 24th November, 1966. This parcel is stated to have been sent to it by M/s. Chandra Kant K. Shah, Licensed Gold Dealers, 189, Mumba Devi Road, Bombay. The parcel is stated to have contained old gold ornaments in the shape of 12 bangles and 1 ring and weighed approximately 550 grams. According to the petitioner these ornaments were covered by sale Bill No. 411, dated 24th November, 1966. 3. On 5th December, 1966 the delivery of this parcel was taken but the same was seized by the Customs Officers under the...
Shiv Girl Vs. the State
Court: Delhi
Decided on: Mar-12-1986
Reported in: 1987CriLJ1230; 30(1986)DLT20
Malik Shariefuddin, J.(1) The appellant Shiv girl along with his brother Baba Kasturi Lal were charged under section 302 )PC. Kasturi Lal was also charged under section 27 of the Arms Act. Both were convicted under section 302 IPC. Shiv girl was convicted for the aforesaid offence with the aid of section 114 IPC. Kasturi Lal was also convicted under section 27 of the Arms Act. The order is dated 25-8-1982. By a sentence order of the even date both were sentenced to life imprisonment under section 302 Indian Penal Code while Kasturi Lal was also sentenced to rigorous imprisonment for three years under section 27 of the Arms Act. Both the sentences in his case were directed to run concurrently. (2) The incident is of 4-1-1981 at 11.30 a.m. Deceased is one Baba Bishamber Dass who has died on spot. The convict Baba Kasturi Lal was apprehended on spot along with the sword, the weapon of offence stained with blood. The blood stained Chadder which convict Kasturi Lal was putting on was also t...
Wire Cond Delhi (Pvt.) Ltd. Vs. Union of India (Uoi)
Court: Delhi
Decided on: Mar-12-1986
Reported in: 1989(42)ELT586(Del)
S.S. Chadha, J.1. This petition under Article 226 of the Constitution of India seeks a writ of certiorari to quash and set aside the impugned orders dated March 13,1979, July 25,1979, January 5,1980 and September 22,1980 rejecting the applications of the petitioner for grant of replenishment license and cash assistance against supplies made in India under IBRD/IDA.2. An agreement, Credit No. 242-IN, was entered into between the Government of India and International Development Association (for short IDA) with the purpose of providing development credit for second power transmission project in India. There are two clauses which are relevant for our purpose. Section 3.02 provides that except as the IDA shall otherwise agree, the goods and services required for the project shall be procured on the basis of international competition under procedures consistent with the guidelines for procurement under World Bank loans and IDA Credits Published by the Bank in August 1969 and in accordance w...
Emery (India) Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-11-1986
Reported in: (1989)(20)ECC22
(a) the instant appeal was filed on 4-8-1983 against an order dated 7-5-1983 of the Collector (Appeals) remanding the matter to the adjudicating officer for a de novo consideration of a demand for payment of Rs. 3,31,748.29 confirmed by the said adjudicating officer earlier, in consequence of failure to indicate the exact basis "for arriving at the impugned prices in the show cause notice" and consequent violation of the principles of natural justice; (b) in the appeal, it was specifically stated that no deposit of duty was made as the case had been remanded by the Collector (Appeals). Nevertheless, by a separate application, stay of operation of the order of the Collector (Appeals) dated 7-5-1983 was prayed for as well as a restraint upon the adjudicating officer from acting in furtherance of the said order of remand; (c) the aforesaid application was heard and diposed of by an order of the Tribunal dated 9-2-1983. While declining to accede to the prayer for stay, the Tribunal adjour...
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