Delhi Court October 1988 Judgments
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Punjab Exchange Ltd. Vs. K.S. Gupta and ors.
Court: Delhi
Decided on: Oct-28-1988
Reported in: 36(1988)DLT436
Sunanda Bhandare, J.(1) This petition under Article 227 of the Constitution of India is directed against the order of the Additional District Judge, Delhi dated 12th October 1984 whereby the teamed Judge has granted a blanket order of stay of dispossession of the occupants of various 'Gaddis' in respect of which the petitioner has obtained a decree. (2) An application was filed under Order 21 Rule 97 of the Code of Civil Procedure for police aid because there was certain resistance from some of the objectors to the decree. By the impugned order, the Additional District Judge, Delhi has even stayed the dispossession of the persons who have not filed the objections. (3) I have heard the learned counsel for the parties at length. No doubt that even in an application filed under Order 21 Rule 97 of the Code of Civil Procedure if objections are filed, the court has to prima-facie consider as to whether the objector has any right to continue in the premises for which a decree has been obtain...
H.S. Treoban Vs. Hindustan Kokoku Wire Limited
Court: Delhi
Decided on: Oct-28-1988
Reported in: 36(1988)DLT432; 1989(16)DRJ150
P.K. Bahri, J. (1) This civil revision has been brought under Section 25-B(8) of the Delhi Rent Control Act against order dated November 1986, of Shri J.M. Malik, Rent Controller, Delhi, by which he had dismissed the eviction petition brought by the petitioner on the ground of eviction covered by Clause (e) of Sub-section (1) of Section 14 of the Delhi Rent Control Act (for short 'the Act'). (2) The facts that there exists relationship of landlord tenant between the parties and that premises comprising of the ground floor of house No. D-293, defense Colony, New Delhi, having been let out to the respondent for residential purpose only and that petitioner-landlord is the owner of the property in question are not disputed before me. The Controller had negatived the ground of bonafide requirement for residence on the ground that the landlord and his family members are in possession of reasonably suitable alternate accommodation and the landlord does not bonafide require the demised premise...
Joginder Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Oct-28-1988
Reported in: ILR1988Delhi617
P. K. Bahrj, J.(1) This criminal writ petition has been brought under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quotient of detention order dated March 7, 1988, passed by the Joint Secretary to the Government of India, Ministry of Finance. under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short Cofeposa Act') against Jasbir Singh. (2) Facts leading to the passing of the detention order, in brief, are that the Customs Preventive Staff of the Customs Collectorate, Delhi, on September 17, apprehended one Surinder Kumar, who was carrying two boxes, at the exit gate of inward parcel office. New Delhi Railway Station and it was told by Surinder Kumar that he had been handed over railway receipt by his employer Harvinder Singh and he had taken delivery of the said boxes on the basis of the said railway receipt after signing the fictitious name of Rakesh Kumar. The sai...
Rajinder Gautam Vs. Union of India and ors.
Court: Delhi
Decided on: Oct-28-1988
Reported in: 36(1988)DLT439
Charanjit Talwar, J .(1) By this petition under Article 226 of the Constitution of India, Rajinder Gautam, the detunes seeking quashing of the detention order dated the 6th July, 1988 passed by Shri K.L. Verma, Joint Secretary to the Government of India under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and 'Psychotropic Substances Ordinance, 1988. The impugned detention order was passed with a view to preventing the petitioner from engaging in sale and purchase of Narcotic Drugs. The detenu vide his representation dated the 9th August, 1988 sought revocation of the detention order on various grounds. Inter alia, he brought to the notice of the detaining authority that documents mentioned at items No. 26, 27, 28, 29, 35, 36, 37 and 90 of the grounds of detention, which were supplied to him were illegible. He did not receive any reply to the representation. The documents sought for, apart from the documents which were illegible, were also not supplied to him. He, ...
Rajeshwarhwa Vs. Sushma Govil
Court: Delhi
Decided on: Oct-27-1988
Reported in: AIR1989Delhi144; 37(1989)DLT88
P.K. Bahri, J. (1) This judgment shall dispose of both the appeals brought under Section 39 of the Delhi Rent Control Act. Two eviction petitions were brought by the respondent against the appellant on the ground of non-payment of rent. The complete ground floor of house No. E-36, Kalindi Colony, New Delhi, was stated to have been let out to the appellant at the rental of Rs. 2400 per mouth. Initially the letting took place vide lease agreement dated July Ii, 1980, and the same was renewed vide agreement dated July 1, 1982. The arrears of rent was stated to be due with effect from January 1, 1984. which were allegedly not paid by the appellant in spite of service of notice of demand dated March 12, 1985. In the second eviction petition, it was pleaded that the complete basement of the same money stood let out to the appellant a the rental of Rs. 1,000 per month vide lease deed dated October 1. 1982, with a stipulation that the rent was to be increased to Rs. 1,200 per month with effect...
R.K. Industries Vs. Collector of Customs and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-26-1988
Reported in: (1989)(24)LC407Tri(Delhi)
1. Being dissatisfied with the confiscation of the seized 8 Sewing Machines with an option to redeem the same on payment of a redemption fine of Rs. 1,76,000/-, the appellants have filed their present appeal.2. Factual backdrop : As a result of search of the business premises of the appellant firm on 4-7-1985, 8 pieces of Industrial Sewing Machines of Japanese origin in original packing valued at Rs. 1,76,000/- were recovered. Since Shri Sri Newas Gupta, partner of the appellant firm could not produce any valid documents regarding their licit importation/acquisition/possession, the said machines were seized under Section 110 of the Customs Act, 1962 in the reasonable belief that the same were liable to confiscation. Some documents were also seized.Statements of S/Shri Hari Niwas Gupta, Sri Niwas Gupta and R.K. Gupta, partners of the appellant firm were recorded. In his statement dated 23-12-1985 Shri R.K. Gupta inter alia stated that they had imported 43 sets of stitch machines throug...
Collector of Central Excise Vs. Hyderabad Allwyn Metal Works
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-26-1988
Reported in: (1989)(39)ELT626TriDel
1 The appeal before us is by way of transfer of proceedings from the Government of India before whom proceeding had been drawn by way of revision under Section 36(2) of the Central Excises and Salt Act, 1944 as in force then. Brief facts of the case are that the respondents are manufacturers of refrigerators of different sizes and they filed a price list for approval of the assessable value in terms of Rule 173(C) read with Section 4(1)(a) of the Central Excises and Salt Act, 1944.The appellants declared the price in the price list in columns 3 & 4 of the proforma as the price at which they ordinarily sold the goods in the course of wholesale trade and showed in columns 5 and 6, the packing, namely, the carton, the price of which was not included in the price declared in column 3 & 4. The said price list was approved by the concerned Assistant Collector with the following endorsement: "C. No. V129A/17/34/79 The assessable values as shown in col. 12 are approved after adding co...
Vam Organic Chemicals Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-26-1988
Reported in: (1989)(20)ECC47
1. This appeal is directed against Order-in-Appeal No. 98-CE/MTR/88 dated 20.5.88, passed by the Collector of Central Excise (Appeals), New Delhi.2. The facts of the case, briefly stated, are that M/s. Vam Organic Chemicals Ltd. (hereinafter referred to as the appellants) are manufacturers of Organic Chemicals falling under heading No. 29.12 and 29.15 of the Central Excise Tariff Schedule, 1985. Duty paid molasses is used in the course of manufacture of the final products (Acetaldehyde, Acetic Acid, Acetic Anhydride, and Vinyl Acetate Monomer) as one of the raw materials. Ethyl alcohol emerges as an intermediate product in the course of such manufacture. Ethyl alcohol is not a substance on which Central Excise duty is leviable, it being out of the purview of the Central Excise duties. The scheme of credit of duty paid on inputs towards payment of the duty leviable on final products, as notified by the Government of India in Central Excise Notification No. 176/86 dated 1.3.1986 provide...
Collector of C. Ex. Vs. B.R. Spinners
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-26-1988
Reported in: (1989)(42)ELT678TriDel
1. This appeal is directed against Order-in Appeal No. 125-CE/CHG/84, dated 28-3-1984 passed by the Collector of Central Excise (Appeals), New Delhi.2. The facts of the case, briefly stated, are that M/S. B.R. Spinners, Ludhiana, are manufacturers of woollen yarn falling under Item No. 18B of the First Schedule (hereinafter called the "CET") to the Central Excises and Salt Act. The jurisdictional inspector drew a sample on 21-8-1982 from the running lot No. 4 to ascertain the composition of the yarn. The Chemical Examiner, Central Excise, New Delhi, on test of the sample, reported as follows :- "The sample is Khaki coloured Two Ply spun yarn composed of 64.2% (sixty four decimal two) wool fibres, 18.6% (Eighteen decimal six) Man-made fibres of cellulosic origin, and 17.2% (seventeen decimal two) man-made fibres of non cellulosic origin (Polyamide-Nylon)".The result was contrary to the manufacturers' declaration that the yarn contained less than l/6th by weight of nylon. In view of the...
Sunny Industries (P) Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-26-1988
Reported in: (1989)(19)ECC306
1. The question that arises in the present appeal relates to the classification of "AD Vitamin Massage Oil Forte" manufactured by the appellants. Till 16-3-1985 this item was being classified under Tariff Item 14E as patent & Proprietary Medicine. It is the case of the Department that with effect from 1-7-3-1985 when Tariff Item 14F (Cosmetics and Toilet Preparations) was amended by addition of an Explanation II, this product should be classified under TI 14F. The appellants' case is that even after amendment (to 14F) the goods continue to be classifiable under TI 14E. "Patent or Praprietary Twelve and a half per cent ad- Medicines not containing al- valorem"Cosmetics and toilet prepara- One hundred per cent advaloremtions not containing alcohol or (i) Preparations for the care of the skin including beauty creams, vanish- ing creams, cold creams, makeup creams, cleansing creams, skin foods and tonics, face powders, baby powders, toilet powders, talcum powders and lipsticks. Explan...
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