Delhi Court November 1987 Judgments
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Collector of Central Excise Vs. Vxl (India) Ltd. and anr.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1987
Reported in: (1988)(15)ECC41
1. The respondents to these appeals as shown in the memorandum of appeal are M/s. Shree Digvijay Woollen Mills Ltd., and the Oriental Carpet Manufacturers (India) Ltd. So far as M/s. Shree Digvijay Woollen Mills Ltd. are concerned, it appears that they are now known as VXL India and, as evidenced by the fresh certificate of incorporation (consequent on change of name) issued by the Registrar of Companies.Hence the cause title has been directed to be amended to show the above name. Of the 4 appeals 3 relate to M/s. VXL India Ltd. and the other to M/s. Oriental Carpet Manufacturers (India) Ltd. 2. M/s. Shri Digvijay Woollen Mills Ltd. filed classification list claiming exemption under notification No. 198/76-CE dated 16-6-1976 and in that connection filed a declaration for determination of base period and base clearance. Acting on the figures so furnished the classification list was approved granting the exemption claimed. The base period was determined as 1975-76 and the base clearance...
Collector of Central Excise Vs. Mahavir Spinning Mills Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1987
Reported in: (1988)(15)ECC4
1. The Assistant Collector of Central Excise, Jullundur, passed an order on 12-11-1980, confirming a demand for Rs. 1,18,680/- against M/s. Mahavir Spinning Mills Ltd. Hoshiarpur (the respondents), as they had cleared 10,320 kgs. of acrylic yarn during the period from 22-6-1979 to 6-7-1979 but had not paid duty as required under Central Excise Notification No. 213/79, dated 23-6-1979. In appeal, the Collector of Central Excise (Appeals), New Delhi, by his order dated 2-6-1983, accepted the appellant's plea that their case was covered by the provisions of Notification No. 146/81, dated 18-7-1981 issued by the Central Government under Section 11C of the Central Excises and Salt Act. On this basis, the Collector (Appeals) set aside the Assistant Collector's order. It is against this order that the Collector of Central Excise, Chandigarh is in appeal before us.2. Shri K.C. Sachar, D.R. reiterated the grounds taken in the Memo, of Appeal while Shri C.L. Beri, Counsel for the respondent sub...
Collector of Central Excise Vs. Vxl (India) Ltd. and Oriental
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1987
Reported in: (1988)(14)LC200Tri(Delhi)
1. The respondents to those appeals as shown in the memorandum of appeal are M/s. Shree Digvijay Woollen Mills Ltd., and the Oriental Carpet Manufacturers (India) Ltd. So far as M/s. Shree Digvijay Woollen Mills Ltd. are concerned it appears that they are now known as VXL India Ltd. as evidenced by the fresh certificate of incorporation (consequent on change of name) issued by the Registrar of Companies.Hence the cause title has been directed to be amended to show the above name. Of the 4 appeals 3 relate to M/s. VXL India Ltd. and the other to M/s. Oriental Carpet Manufacturers (India) Ltd. 2. M/s. Shree Digvijay Woollen Mills Ltd. filed classification list claiming exemption under notification No. 198/76-CE dated 16.6.1976 and in that connection filed a declaration for determination of base period and base clearance. Action on the figures so furnished the classification list was approved granting the exemption claimed. The base period was determined as 1975-76 aud the base clearance...
Rescon Manufacturing Co. Pvt. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1987
Reported in: (1989)(42)ELT230TriDel
1. Appellants have made written submissions and pray for decision of the appeal on the basis of written submissions. We have therefore heard Shri A.S. Sundar Rajan, JDR for the respondents.2. A demand was raised against the appellants in terms of Notification No. 117/80, dated 19.6.1980 and bond executed by them on 4.1.1982 to produce requisite end-use certificate within a period of 12 months. It appears that the appellants did not produce the end-use certificate before the Assistant Collector Customs, Bombay, within the stipulated period and bond was in force. The reason given for not producing the certificate in time is strike in the appellants factory. Before the Collector (Appeals), the appellants did produce the end-use certificate but the Collector (Appeals) did not look into this certificate because it was not produced before the Assistant Collector. He upheld the demand.3. Now that the appellants have produced the end-use certificate in the interests of justice it is considere...
Synthetic Foams Ltd. Vs. Simplex Concrete Piles (India) Pvt. Ltd.
Court: Delhi
Decided on: Nov-06-1987
Reported in: AIR1988Delhi207; [1991]70CompCas475(Delhi)
Mahesh Chandra, J.(1) By this order I propose to dispose of I.A. No. 4626 of 1986 filed under Order 39 rules I and 2 and Section 151 Civil Procedure Code by the plaintiff for restraining the defendant No. 4-bank from making any payment under the bank guarantee No. 59/85 in pursuance of the invocation dated 31st July, 1986 by defendant No. 1. The application is opposed on behalf of defendant No. 1. I have heard the learned counsel for the parties and after giving my considered thought to the matter before me I have come to the following findings :(2) The facts giving rise to this order are that the plaintiff M/s. Synthetic Foams Ltd. has filed a suit No. 1685 of 1986 for declaration and permanent injunction on the allegations that the plaintiff, a company registered under the Companies Act, 1956, are manufacturers of Thermal Insulation materials under the brand name of 'Multipart'; that defendant No. 2. a Government of India undertaking, in the process of setting up a new project at Pan...
D.K. Gupta Vs. State
Court: Delhi
Decided on: Nov-06-1987
Reported in: 33(1987)DLT407
D.P. Wadhwa, J. (1) This is a petition under Section 482 of the Code of Criminal Procedure turn quashing Fir No. 194/87 by which a case under Section 7 of the Essential Commodities Act, 1955 was registered against the petitioner. It is alleged that the petitioner contravened Delhi (Milk and Milk Products) Control Order, 1987 by importing Rasgullas sealed in tins from Bombay and further supplying/selling the same to Sat Narain Gupta, owner of Kwalily Sweets, Greater Kailash, New Delhi. It is stated that the Rasgullas in sealed tins were found at the shop of Kwality Sweets. The case vyas accordingly registered against the petitioner and also against Sat Narain Gupta. The aforesaid control order was made for the purpose of maintaining and increasing supplies of milk for securing it equitable distribution in the Union Territory of Delhi. Prohibition was imposed for use of milk for manufacturing of khoya, rabari and paneer or any such sweets in the preparation of which milk or any of its pr...
Sant Ram Sodhi Vs. G.N.S. Roddey
Court: Delhi
Decided on: Nov-05-1987
Reported in: 34(1988)DLT114
H.C. Goel, J. (1) Sant Ram Sodhi, appellant, earlier had filed a petition for eviction of G.H.N.S. Roddey, respondent-tenant, from the demised premises in the court of the Additional Rent Controller on the ground of non-payment of rent falling under S. 14(1)(a) of the Delhi Rent Control Act, 1958 (for short 'the Act'). The Additional Rent Controller proposed to pass an order under S. 15(1) of the Act regarding the payment or deposit of the arrears of rent and future rent by the respondent. The case of the respondent has been that the contractual rate of rent was Rs. 1,100 per month with effect from August 1, 1982. However, as per a term of the contract between the parties if the respondent had paid a sum of Rs. 45,000 to the appellant by October 27, 1982 the rent was to stand reduced to Rs. 400 per month. The farther case of the respondent was that he paid a sum of Rs. 43,200 in cash to the appellant on October 27, 1982 and as such the rent stood reduced to Rs. 400 per month with effec...
Rattan Singh and Sons Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-04-1987
Reported in: (1988)LC617Tri(Delhi)
1. On 14-12-1979, M/s. A.T. Travels, Clearing Agents, filed shipping bill for shipment of two packages through the Lufthansa Airlines. The exporter shown in the shipping bill was the appellants M/s. Rattan Singh and Sons. The cargo consisted of various Ivory articles. Two of them were referred by the Customs authorities to the Director General, Archaeological Survey of India (Director General, A.S.I.) for opinion as to whether they were antiquities. On receipt of his opinion the entire consignment was seixed under Section 110 of the Customs Act. The entire seized goods were then examined by the Deputy Superintendent of the A.S.I. posted at Delhi Airport. He then referred 38 more ivory items to the Director General. After inspection the Director General of A.S.I. certified that 7 of them were antiquities. Investigation was then taken up and statements were recorded. Show cause notice dated 22-9-1980 was issued to the appellants as to why the entire consignment should not be confiscated...
Jeet Mal Vs. Collector of Customs and Central
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-04-1987
Reported in: (1988)LC430Tri(Delhi)
1. Brief facts of the case are that certain quantity of gold ornaments was recovered from the premises of the appellant which exceeded the quantity of 4000 gms. It was, therefore, alleged that the appellant had contravened the provisions of Section 16 of the Gold Control Act for not declaring the gold ornaments to the Gold Control authorities as provided under the said Act.The appellant, however, contended before the adjudicating officer that he was not the sole owner of the gold ornaments found from his possession and some of the gold ornaments seized from his premises belonged to various other persons as follows :-(1) Mother - l,581 gms. (1,224 gms. net)(2) Daughter - 108 gms. (96 gms. net)(3) Other daughters- 340 gms. (285 gms. net)(4) Widow Sister - 224 gms. (178 gms. net)(5) Wife - 1,384 gms. (1,153 gms. net) Learned Collector of Customs and Central Excise, Jaipur in his adjudication order has found the explanation of the appellant as tenable. He has accordingly ordered release o...
Bias Chander Vs. State
Court: Delhi
Decided on: Nov-04-1987
Reported in: 1988(14)DRJ190
Charanjit Talwar, J. (1) House No. E-111, Fateh Nagar was a subject of dispute between Banarsi Lal on the one side and Avinash Chander and Bias Chander who are his nephews (sister's son). The parties live in that very house. On 11th June, 1982 there was a quarrel between Banarsi Lal and his nephews in which quarrel it is stated that Banarsi Lal and his wife Raj Rani received some injuries. Banarsi Lal proceeded towards police station Tilak Nagar for lodging a report. He was accompanied by two of his neighbours, namely, Ramesh Chander and Man Mohan Singh. When he reached Sindhi Mandir, Ashok Nagar, which Mandir is situate near about the police station, he was assaulted by his said nephews. The time was 9.40 p.m. Bias Chander who is referred to in the proceedings of the trial court at various places as Vyas and Ved Vyas caught hold of Banarsi Lal. His brother Avinash Chander is said to have taken out a knife from his dub and inflicted stab wound on him (Banarsi Lal). The injured was take...
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