Delhi Court May 1987 Judgments
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M.D. Attrey Vs. Delhi Administration and ors.
Court: Delhi
Decided on: May-12-1987
Reported in: 32(1987)DLT59b; 1987(13)DRJ192
B.N. Kirpal, J.(1) The petitioner was working as an Assistant Teacher under respondent No. 3, namely, Rohtagi A.V. Secondary School, Delhi. He joined the School on 17th July, 1950. The School is an aided school and the Government gives 95% of the grant.(2) In the writ petition it has been contended that a post of Head Master in the Primary Branch of the School was created by the Education Department in the scale of Rs. 440-25-750 with effect from 1st August, 1981. It is averred that though the Education Department had nominated D.P.C. for selection to the said post of Head Master, the needful had not been done and the selection had not been made. The averment of the petitioner is that he was the senior-most Assistant Teacher who was eligible to be selected to the post of Head Master.(3) The second grievance of the petitioner was that he was eligible for the grant of selection grade to the post of Assistant Teacher in the scale of Rs. 530-20-630 with effect from 1st February, 1978. In t...
Purohit and Co. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-11-1987
Reported in: (1987)(12)LC657Tri(Delhi)
1. The facts of the case have been stated in brief in the opening paragraph of the Order-in-Appeal challenged before us by the Appellants. For proper appreciation of the facts, relevant portion of the impugned order is reproduced below :- "The appellants are the manufacturers of vegetable products falling under T.I. 13. Two products, viz., "Soap Stock" and 'Spent Earth' classifiable under T.I. No. 68 were obtained during the manufacturing process of Vegetable Products which the appellants had cleared without payment of duty. The appellants had also not obtained Central Excise Licence for the manufacture of these products. Therefore, in respect of the period 12-3-1976 to 31-7-1977 two show cause-cum-demand notices dated 24-11-1977 were issued to the Appellants demanding duty under Rule 10 of Central Excise Rules, 1944, totally amounting to Rs. 5,360-75, which the Assistant Collector had confirmed." 2. The Collector of Central Excise (Appeals) upheld the order of the Assistant Collector...
Collector of C. Ex. Vs. Metal and Ores Company
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-11-1987
Reported in: (1990)(45)ELT262TriDel
1. The question is whether a zinc sheet or a plate covered with a protective polyethylene film turns in "goods not elsewhere specified".According to the department the zinc sheets/plates assessed under Item 26B of the Central Excise Tariff are given intensive polishing in a polishing machine trimming and passing of the sheets/plates through degreasing and finally filming with the protective film. Section 2(f) of the Central Excises and Salt Act, 1944 defines manufacture as including any process incidental or ancillary to the completion of the manufactured product. These processes bring into existence a new product different from the raw material, and assessable under Item 68.The fallacy in these arguments is that the sheet/plate, for all the polishing, trimming, degreasing they received, remained zinc plates/sheets; the processes did not turn into "goods not elsewhere specified" because they are still very much specified under Item 26B.Had it been said that they became assessable unde...
M.N. Bhardwaj and ors. Vs. Delhi Development Authority and anr.
Court: Delhi
Decided on: May-11-1987
Reported in: 1987(2)Crimes813; 32(1987)DLT249
M.K. Chawla, J.(1) Shri P.N. Bhardwaj, the father of the present petitioners was originally allotted leasehold rights of plot of land measuring800 sq. yds. bearing no./215, East Patel Nagar, New Delhi. The lessee constructed a single-storeyed house comprising of six rooms, two garages and two-rooms set above in due course of time. Shri P.N. Bhardwaj has since expired and his place, the present petitioners have become the joint perpetual lessees. They have filed the present petition under Section 482 ofCr.P.C. read with Article 227 of the Constitution of India for quashing the initiation of criminal proceedings by the respondent-Delhi Development Authority under Sections 14 and 29(2) of the Delhi Development Act, 1957.(2) Their case in brief is that sometime in the month of December, 1953,a portion of the house comprising of three rooms and two garages was let out for running a school in the name and style of Central City College. Aftersometime, the petitioners raised further constructi...
Mohd. Aqil and anr. Vs. State
Court: Delhi
Decided on: May-11-1987
Reported in: 1988CriLJ1484
ORDERM.K. Chawla, J.1. Delhi District Cricket Association (hereinafter referred to as the DDCA) is a company registered under the Indian Companies Act. Its affairs are managed by a General Committee as per the Memorandum and Articles of Association of the Company. During the year 1979-80, the Board of Directors' consisted of the following: - S/Shri1. R.P. Mehra, Hony. President (since expired).2. D.P. Jain, Hony. Vice-President.3. Y.K. Modi, Hony. Vice-President.4. L.N. Tandon (accused No. 4), Hony. General Secretary.5. K.K. Mehra (accused No. 2), Hony. Sports Secretary.6. R. Saran (accused No. 3), Hony. Club Secretary.7. K.K. Bagai (accused No. 1), Hony. Treasurer and 7 other members.All these office-bearers were authorised to operate the bank account of the DDCA.2. Shri Satish Mehra, accused No. 5 s/o late Shri R.P. Mehra, President, was an employee in the Bank of India, Ansari Road Branch, Daryaganj, Delhi. Shri Satpal, accused No. 6 was working as the Typist in the office of the DD...
Sree Venkata Durga Aluminising Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-08-1987
Reported in: (1990)(50)ELT294TriDel
1. The Collector of Central Excise (Appeals) Mairas says in his order No. 324/82-G dated 18-11-1982 that the Appellants M/s. Shree Venkata Durga Works had not been paying duty of excise purely by virtue of the exemption in Notification No. 75/67-C.E., dated 20-05-1967 on the steel wire they drew out of thicker wire of 8 mm diameter. Their plea that the wire remained wire after the drawing would not help their case. He was mistaken.2. A wire which is drawn into a thinner wire remains in the same item "wire" of 26AA(ia) of the Central Excise Tariff. The Collector (Appeals) calls the thicker wire a wire rod but there was no such thing in the tariff - only wire. Even if the article was a wire rod, the tariff at the time recognised only wire, and the wire rod paid duty as wire.3. When such is the case, the Central Excise cannot demand duty again by assessing an article as wire when it has already been assessed as wire once.4. It is only after the 1983 Item 25 that wire rod was given a head...
Hindustan Polymers Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-08-1987
Reported in: (1989)(43)ELT732TriDel
1. Since a common issue is involved in all the four appeals - two filed by the department and two by the assessee, namely Hindustan Polymer (a Division Mcdowel Co. Ltd.) (hereinafter referred to as the assessee), a common order is being passed.2. Shri B.P.R. Sarcar, Deputy General Manager representing the assessee has stated that the issue has been decided by the Tribunal in its Order No. 4 and 5/86-C, dated 6-2-1986 vis-a-vis the same assessee. In that order it has been held that the product under consideration, namely coloured polystyrene compound would fall under Tariff Item 15-A(1)(ii) and not under Tariff Item 68. It has also been held that duty on the coloured polystyrene compound would be paid at the time of removal of the said goods from the factory on the value applicable to the coloured compounds. Learned Representative has, therefore, stated that while he agrees with the classification held by the Tribunal in the aforesaid order-in-appeal he has some arguments against other...
Collector of Customs Vs. Voltas Limited
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-08-1987
Reported in: (1989)(42)ELT93TriDel
1. Central Government had initiated review proceedings in terms of erstwhile Section 131(3) of Customs Act, 1962 which is to be treated as an appeal in terms of the provisions of Section 131B of Customs Act, 1962.2. Briefly the facts of the case are that voltas Limited had imported Piano Type Switches vide Bill of Entry Cash No. 937 dated 9-10-1980.The same were assessed to duty under Heading 84.18/27(1) and the C.V.Duty had been levied under Tariff Item 29A(3) of Central Excise Tariff, whereas the respondent had claimed that the CV Duty had to be levied under Tariff Item 68. The Ld. Assistant Collector had rejected the claim of the respondent for the levy of CV Duty under Tariff Item 68.Being aggrieved from the aforesaid order respondent had filed an appeal to the Appellate Collector of Customs. The Learned Appellate Collector of Customs had accepted the claim of the respondent and had held that the CV Duty was chargeable under Tariff Item 68 of the CET on the ground that these switc...
Aman Kumar, Om Parkash and Satbir Singh Vs. State
Court: Delhi
Decided on: May-08-1987
Reported in: 1987(2)Crimes755; 32(1987)DLT319
M.K. Chawla, J.(1) In the month of April, 1985, Constable Aman Kumar and his two colleagues, Satbir Singh and 0m Parkash were posted at police post Hari Nagar under the jurisdiction of Police Station Tilak Nagar, Delhi.Aman Kumar is alleged to have committed rape on the person of KumariJhunu Majumdar, without her consent and against her will while she was in police custody during the intervening night of 2nd and 3/04/1985. Satbir Singh and 0m Parkash are accused of abetting the commission of rape. Aman Kumar was charged to stand trial for the offence punishable under Section 376(Proviso-A) Indian Penal Code while against the remaining two charge under Section 109 IPC was framed.(2) The accused denied their involvement. The defense is that at theinstance of Dr. Aparna Sarin, the so-called social worker of the area they have been falsely implicated. In fact she had a personal grudge against the officers posted at police post, Hari Nagar, as they refused to oblige her in doing wrong acts ...
Ashia Begum Vs. Kazim Ali Khan and anr.
Court: Delhi
Decided on: May-08-1987
Reported in: 31(1987)DLT16
Sunanda Bhandare, J.(1) Respondent No. 1 herein filed a petition for eviction against the petitioner under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act which is being tried by the Additional Rent Controller, Delhi. After the petitioner filed her written statement and respondent no. 1 filed his replication, the petitioner filed an application under Order 18, Rule 17-A read with Section 151 of the Code of Civil Procedure seeking liberty to examine certain witnesses and production of certain documents including the original record of Suit No. 166 of 1970. The Additional Rent Controller vide his order dated 29/04/1986 dismissed this application of the petitioner and aggrieved by that order, the petitioner filed a petition under Article 227 of the Constitution of India being C.M.(M) 184 of 1986. This Court on a concession made by the respondent herein allowed the petition and directed as follows :- 'IN the result the petition is allowed and the order dated 2 9/04/19...
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