Delhi Court March 1987 Judgments
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Punjab State Civil Supplies Corporation Ltd. Vs. Ballarpur Industries ...
Court: Delhi
Decided on: Mar-30-1987
Reported in: 33(1987)DLT310
N.C. Kochhar, J.(1) Punjab State Civil Supplies Corporation Limited (the petitioner) has filed this petition under section 8 of the Arbitration Act, 1940 read with section 151 of the Code of Civil Procedure staling that an agreement had been entered into between the petitioner and M/s. Ballarpur Industries Limited (the respondent) whereby the respondent was to arrange supply 50,000 metric tonnes, with plus minus 10%, of ordinary Grey Portland Cement at the rate of Us 8 40 (forty) per metric tonne F.O.B. stowed from any of the sea port in Taiwan and that under the terms of the agreement the demurrage charge, occurring for any reason, were to be paid by the respondent. It is stated that the disputes have arisen in regard to demurrage charges of Us $ 31, 708.34 in respect of Vessel 'M.V. FELIX-S' in as much as the petitioner has claimed the said amount but the respondent earlier agreed to pay a sum of Us $ 15,000 in full and final settlement but later on denied its liability to pay any am...
Shri H.L. Sonar Vs. Kendriya Vidyalaya Sangathan and ors.
Court: Delhi
Decided on: Mar-30-1987
Reported in: ILR1987Delhi55
B.N. Kirpal, J.1. The challenge in this writ petition is to the order of the respondents whereby, after a disciplinary enquiry had been held, the petitioner was ordered to be removed from service.2. Briefly stated, the facts are that the petitioner was employed as PGT (History) under respondent No. 1. According to the petitioner he was elected as the General Secretary of All , India Kendriya Vidyalaya Teachers' Association in the year 1981. On his said election he was transferred and posted at Kendriya Vidyalaya, R. K. Puram, New Delhi. It has been alleged by the petitioner that de-facto recognition had been granted to the said Association. The said recognition was sought to be withdrawn but a writ petition was filed and the recognition restored. The case of the petitioner is that ever since he took the office of the General Secretary of the Teachers' Association, he had been spear-heading a movement for the acceptance of various demands of the teachers. It is alleged that it is as a r...
Man Singh Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-29-1987
Reported in: (1987)(13)ECC173
1. In this case, the facts are that on an information, the Customs (Preventive) Staff searched the residential premises occupied by one Ram Charan S/o Ram Pal Singh who stated that one Man Singh was also residing with him in the same room. As a result of this, 34 Omax wrist watches and 7 pieces of Omax electronic watches of foreign origin were recovered from one dark blue attache case said to be belonging to Man Singh. Some wearing apparel and documents belonging to Man Singh were also found in the said attache case. The documents showed that Man Singh was residing at the premises searched. Ram Charan stated that the seized goods belonged to Man Singh and that he alone could account for the goods. The matter was adjudicated by the Assistant Collector of Customs, who noted that the watches had been recovered from the attache case belonging to Man Singh, who was at large, and who, despite summons issued to him on four different dates, failed to make an appearance.This was considered an ...
The National Electric Supply and Trading Corporation (P) Ltd. Vs. Lt. ...
Court: Delhi
Decided on: Mar-29-1987
Reported in: 32(1987)DLT19
J. Goswamy, J.(1) This application under section 151 of the Code of civil Procedure has been filed by M/s. The National Electric Supply & Trading Corporation (P) Ltd. for direction to the respondent to comply with the order dated 24.1.1986 passed by this Court in Ccp No. 10(2) The petitioner was running an industry in the non-conforming area. He was asked to shift his industry and an alternative plot measuring one acre was offered to the petitioner by letter dated 30.3.1968 at the rate of Rs. 25.00 per Sq. Yd. The petitioner was directed to deposit 50'o of the amount calculated the rate of Rs. 25.00 per Sq. Yd. The petitioner accordingly deposited the said amount. However, by a subsequent letter dated 2.1.1970 the petitioner Was intimated that a revised demand has been raised against him and he had to pay the premium of a plot of 4840 Sq. Yds. approximately at the rate of Rs. 48.60 per Sq. Yd. He was accordingly asked to deposit the additional amount within a specified time. This offer...
Hahnemann Publishing Co. Pvt. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-27-1987
Reported in: (1989)(42)ELT461TriDel
1. This appeal was originally filed as a revision application before the Government of India and was statutorily transferred to the Tribunal.2. The appellants imported 3 mortar grinders model KM-2 each with 2 sets of porcelain mortar and pestle and 1 mortar grinder model KM-1 with 2 sets of porcelain mortar and pestle. On importation the customs assessed the goods (except mortars and pestle) under Heading 84.59(1) CTA. The mortar and pestles were assessed separately under Heading 68.01/16(1) as articles made of porcelain.3. The appellants claimed reclassification of the goods under Heading 84.56 or alternatively under Heading 84.59(2) CTA. They also claimed that the mortars and pestles should not be classified separately but should be classified as parts of the Grinders inasmuch as they were essential parts of the same.4. The Appellate Collector rejected the claim on both the grounds. He held that the imported machine was a general purpose grinding machine and not specific for grindin...
Sajith Tapioca and Allied Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-27-1987
Reported in: (1989)(43)ELT99TriDel
1. Notice under Section 28(1) of the Customs Act 1962 was issued to M/s. Sajith Tapioca & Allied Products (of which Shri K.K. Joseph is the proprietor) on 23.9.1977 calling upon them to show cause why duty amounting to Rs. 25,000/- should not be recovered in respect of tapioca chips exported by them on 14.7.1977. The appellants replied denying liability and claiming that the exported dry tapioca chips did not conform to the Indian Standards specifications for live stock feeding and that the export was for purposes of use of the goods for industrial purposes only, as may be seen by the certificate of the consignee, and hence no duty was payable. Under order dated 5.5.1981 theAssistant Collector rejected the said contention and confirmed the demand. The appeal against the same was dismissed by the Appellate Collector of Customs Madras under his order dated 28.1.1982/10.2.1982. The Appellants preferred a revision petition to the Central Govt, against the same. The same, on transfer, ...
Ramesh Chandra Bhalla and anr. Vs. Naresh Chander Bhalla and ors.
Court: Delhi
Decided on: Mar-27-1987
Reported in: 32(1987)DLT400
G.C. Jain, J.(1) Ramesh Chandra Bhalla, Naresh Chandra Bhalla, Sudesh Chandra Bhalia, Avinash Chandra Bhalla and Prakash Chander Bhalla arebrothers. They were carrying on business as shareholders and Directors in threecompanies, namely, (i) 'M/s. H.R. Bhalla and Sons (P) Ltd. ;(ii) M/s.SelfastAir Systems (P) Ltd. and (iii) M/s. Mechanical Movement Pvt. Ltd.(2) Certain disputes and differences arose among the brothers and by an agreement dated 7/04/1984 they appointed Sh. P.N. Khanna as a sole arbitrator to adjudicate those disputes. Learned arbitrator made an interim award on 25/12/1984. The interim award, so far as it relates toM/s. H.R. Bhalla & Sons (P) Ltd, (for short 'M/s. H.R. Bhalla'), provided asunder :- '4.Shree Romesh Chander Bhalla and Shree Prakash Chander Bhalia (who ultimately shall be the continuing shareholders and Directors of H.R. Bhalla & Sons (P) Ltd) shall be responsible Along with the other three brothers for procuring M/s H.R. Bhalla & Sons(P) Ltd. transfer of th...
Mohan Brothers Vs. M.K. Seth and ors.
Court: Delhi
Decided on: Mar-27-1987
Reported in: [1987(54)FLR681]; (1995)IIILLJ505Del
Kirpal, J. 1. The challenge in this writ petition is to the order dated 31st March, 1986 whereby the authority constituted under the Minimum Wages Act had directed that respondents No. 2 and 3 should be paid minimum wages as Salesmen in the establishment of the petitioner.2. Briefly stated, the facts are that the petitioner is dealing in cloth and is registered under the Delhi Shops and Establishments Act, According to the petitioner, respondent No. 2, Chhaggo Mal, was appointed as a Shop Assistant w.e.f. 1st March, 1971. Respondent No. 3, Umed Singh, was appointed as a Stock Boy w.e.f. 1st June, 19/9. Respondent Nos. 2 and 3 were paid their wages in accordance with the terms of their employment.3. The Delhi Administration issued a Notification dated 23rd February 1982 fixing minimum rates of wages in the employment in all shops and other establishments covered by the said Act. This Notification fixed minimum rates of wages for un-skilled, semiskilled, skilled and other categories of e...
U.P. Aboobacker Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-27-1987
Reported in: 1987(12)ECC288; ILR1988Delhi138
S. Ranganathan, J. (1) By this writ petition, the petitioner challenges the validity of his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). Originally, the petitioner was taken into custody on 15-1-85 while attempting to board a flight from Cochin to Delhi, as he was found to be in possession of 9,760 U.S. Dollars, 1000 Saudi Riyals and Rs. 2,80,000 in Indian currency and, according to the customs authorities the petitioner had not been able to prove his assertion that the foreign currency had been brought into India by the petitioner after due declaration and the Indian currency was also intended for making payments to a party of Saudi Arabia. A prosecution under the Customs Act was initiated against him and. in these proceedings, the petitioner obtained the permission of the court to proceed to Saudi Arabia subject to certain conditions. After some time, when he appeared before the Magistrate on 9-5-86, he was deta...
Kwality Containers (P) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-26-1987
Reported in: (1987)(12)ECC158
1. According to the appellants M/s. Kwality Containers (P) Ltd. they manufacture pilfer proof caps falling under T.I. 12 CET as also aluminium tear-off vial seals and aluminium tear-down vial seals, falling under T.I.-68 CET. In respect of the pilfer proof caps they were claiming exemption under notification 83/83 and in respect of the other aluminium vial seals they were claiming exemption under notification 77/83. In respect of these aluminium vial seals the department had a doubt on the classifiability under TI 68 but, subsequently, the Assistant Collector under order dated 8-10-1980 settled their classification under TI 68 CET.2. After a visit to their factory on 21-1-1985 during the course of which 3,31,000 pieces of tear-off and tear-down vial seals were seized under the belief that they are classifiable under TI 42 CET and not under TI 68 CET, action was initiated by issue of notice dated 6-6-1985. It was alleged that as these seals had been manufactured and cleared without pay...
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