Delhi Court November 1989 Judgments
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Smt. Thakuri Bai (Through L.Rs.) Vs. Laxmi Chand and Others
Court: Delhi
Decided on: Nov-28-1989
Reported in: AIR1990Delhi21
ORDER1. By this petition under Art. 227 of the Constitution of India, the petitioners have challenged two orders made by the Executing Court dt.21st of Nov. 1987 and 24th of Jan. 1989, hereinafter referred to as the first and the second impugned orders respectively.2. By the first impugned order, the Court held that the execution proceedings instituted by Decree-Holder Thakuri Bai had abated as no application had been made till then by the legal representatives after her death on 8th Dec. 1986. By the second impugned order, the Court dismissed an application filed by the petitioners to set aside the first impugned order and to allow them to be brought on record as legal representatives of the deceased decree-holder and to continue the execution proceedings.3. The petitioners claim to be legal representatives of Thakuri Bai by virtue of a registered Will dt.2nd of June 1981. They claim that the interest of Thakuri Bai in respect of shop No. 122, Khanna Market, Lodi Colony, New Delhi, an...
Thakuri Bai Vs. Laxmi Chand and ors.
Court: Delhi
Decided on: Nov-28-1989
Reported in: AIR1990Delhi217; 40(1990)DLT185
Arun B. Saharya, J.(1) By this petition under Article 227 of the Constitution of India, the petitioners have challenged two orders made by the Executing Court dated 21st of November 1987 and 24th of January 1989, hareinafter referred to as the first and the second impugned orders respectively. (2) By the first impugned order, the Court held that the execution proceedings instituted by Decree-Holder Thakuri Bai had abated as no application had been made till then by the legal representatives after her death on 8th December. 1986 By the second impugned order, the Court dismissed an application filed by the petitioners to set aside the first impugned order and to allow them to be brought on record as legal representatives of the deceased decree holder and to continue the execution proceedings. (3) The petitioners claim to be legal representatives of Thakuri Bai by virtue of a registered Will dated 2nd of June 1981 They. claim that the interest of Thakuri Bai in respect of shop No. 122, Kh...
Rama Associates (P.) Ltd. Vs. Inspecting Assistant Commissioner.
Court: Delhi
Decided on: Nov-28-1989
Reported in: [1990]32ITD336(Delhi)
ORDERPer V. P. Elhence, Judicial Member - The assessed is aggrieved of the order dated 4-2-1987 of the learned Commissioner of Income-tax (Appeals)-V, New Delhi for the assessment year 1983-84.2. The assessed is a private company. For the assessment year in question the assessed had exported rice to Russia. It is an exporter of Basmati rice. The first four grounds of appeal relate to the disallowance of Rs. 7,534 representing interest. The disallowed amount represented interest on a deposit of Rs. 2 lakhs. It appears that no details thereof were given in the assessment order and the only observation made by the Inspecting Asst. Commissioner (Assessment) was that 'Interest on deposit of Rs. 2 lakhs which is treated as income from undisclosed sources in assessment year 1982-83.'3. In appeal, the learned Commissioner of Income-tax (Appeals) observed that the assessed had surrendered an amount of Rs. 5 lakhs as against the addition of Rs. 7,53,000 made in the assessment year 1982-83 vide o...
Collector of Central Excise Vs. Shri Vindhya Paper Mills Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-27-1989
Reported in: (1990)(28)LC188Tri(Delhi)
1. As the common issue of law is involved in both these appeals, we heard them together and are disposing them by this common order.The respondents are the manufacturers of the paper falling under T.I.17 of the Central Excise Tariff. The respondents had filed classification list for their product "paper" under T.I. 17 which was to be effective from 1.4.1983 and they had claimed concessional rate of duty under notification No. 46/83-CE dated 1.3.1983 and claimed concessional rate of duty of Rs. 560/-per M.T. which was applicable if the total quantity of clearances was not exceeding 3000 M. Ts. in the previous financial year. The Assistant Collector held that the clearances during the previous financial year from the other factory of the respondents situated at Nasik also should be taken into consideration and while clubbing clearances exceed 3000 M. Ts. and so the rate of duty leviable would be Rs. 900/- per M.T. The respondents went in appeal and the Collector (Appeals) allowed the ap...
Haryana Plywood Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-27-1989
Reported in: (1990)(47)ELT93TriDel
1. Ld. Counsel stated that this application has been filed in connection with their Appeal No. CD/A-1122/89-D.2. They had presented a Bill of Entry on 6-10-1986 and the goods were allowed to be cleared on the basis of the exemption claimed by them.However, subsequently, they received a demand notice asking them to pay the duty in question.4. They had replied to this notice and the Assistant Collector passed the order in original apparently without taking their reply into account and again without assigning any reason for demand of the differential duty.6. The issue, however, appears to centre around the gazette Notification dated 6th October, 1986 which includes Notification No.439/86-Cus. This notification amends Notification No. 62/85 and if applied would result in a higher rate of duty than at which the goods were assessed. Since the bill of Entry was presented on 6-10-1986 and the duty was paid on 8-10-1986, it appears that the Deptt.'s case is (although not so stated in the notic...
Harish Chandra Goswamy Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-27-1989
Reported in: 1990(18)DRJ28; [1990(60)FLR356]; 1990RLR23
P.K. Bahri, J.(1) Have heard arguments for deciding this application seeking interim reliefs during the pendency of the Criminal Writ Petition No. 675 of 1989 in which rule has been already issued. The petitioner. who has been found guilty in the proceedings held by the General Court Martial and has been sentenced to undergo imprisonment of two years ana has been cashiered from the service, has challenged the said orders in the writ petition. In the application the petitioner has sought the interim reliefs for staying the operation of the findings and the sentences awarded by the General Court Martial and for releasing the petitioner from custody on bail and restraining the respondents from dispossessing the petitioner from Quarter No. 53, Civil Lines, Mathura (U.P.) allotted to him on account of his being in service and for payment of normal pay and allowances during the pendency of the writ petition.(2) This application is strongly opposed by the respondents pleading that there has b...
H.C. Gaur Vs. Rakesh Vij and anr.
Court: Delhi
Decided on: Nov-27-1989
Reported in: 1990CriLJ1586; 40(1990)DLT346; 1990RLR47
Santosh Duggal, J. (1) In this petition moved under Section 439(2) of the Code of Criminal Procedure by S.C. Gaur, complainant in the case, I deem it necessary to set out a narrative of the facts so as to put them in a proper perspective for the order, I propose to pass in this matter. (2) The wife of the respondent Rakesh Vij, named Vinita married to him on 12th December, 1984, was burnt while at his house, on 10th January, 1987. She had 90 per cent of bum injuries as per medical and postmortem report, and she died as a result thereof on 13th January, 1987, According to the medical report her body smelt of kerosene oil. The report from the Central Forensic Science Laboratory in respect to the examination of the burnt piece of her clothes also records that the said clothes smelt of kerosene oil. In between she had made four statements as to the cause of the burns. including one before the doctor and two before the Sub Divisional Magistrate; one made in the hospital shortly after her ad...
Wealth-tax Officer Vs. Vinay Bharat Ram and Sons.
Court: Delhi
Decided on: Nov-27-1989
Reported in: [1990]32ITD763(Delhi)
ORDERPer K. Vishwanathan, Vice President - These are two appeals by two different assesseds. However, the facts are the same and the issue is also the same. Under these circumstances, with the concurrence of the parties, we consolidate the two appeals and dispose them of by a common order.2. The assessed are two HUFs, the kartas of which are brothers. They jointly own a property with three others at 25 Sardar Patel Marg and they had 1/5th share therein. In the course of the assessment proceedings, the assesseds claim that the property should be valued according to the provisions of Rule 1BB of the Wealth-tax Rules. The WTO did not accept the assesseds claim since the assessment year involved was 1977-78 and the Rule in question came into force only in 1979. Further he referred the question of valuation of this property to the Valuation Officer. He finalised the assessments taking 1/5th share at Rs. 2,74,700 as per the Valuation Officers report.3. The assessed appealed. The question inv...
Tech - Invest (India) Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-24-1989
Reported in: (1990)LC109Tri(Delhi)
1. In this appeal, the appellants have challenged the validity and correctness of the order of the Collector of Central Excise, Meerut confirming the demand of duty of Rs. 2,47,987.23 P under Rule 10 of the Central Excise Rules, 1944 on the ground that the appellants had removed dutiable goods without payment of duty, without licence and without observing Central Excise formalities. The Collector has also imposed personal penalty of Rs. 5,000/- for contravention under Rule 173Q of the Central Excise Rules. The Revenue has also filed cross appeal.2. The appellants are engaged in the manufacture of goods known as glass Textolite. Glass Textolite is a special laminate manufactured with two basic ingredients -Glass cloth and resin. The resin-used as per requirement is either epoxy resin or phenolic resin besides other inputs. The glass cloth is impregnated in a special plant with diluted resins. It is cut into correct size and the stacks are pressed in a high pressure and high temperature...
Santosh Kumar Vs. State
Court: Delhi
Decided on: Nov-24-1989
Reported in: 1990RLR20
P.K. Bahri, J.(1) The petitioner, who is undergoing sentences in two cases, has filed this petition through Jail praying that he should be given benefit of S. 428, Cr. P.C. in respect of the sentences imposed upon him two cases, namely, in F.I.R. No. 617/80 u/s 61-1-14, Punjab Excise Act and F.I.R. No. 459/86 u/s 394 read with S. 34, Indian Penal Code , (2) The facts of the case, in brief, are that the petitioner was taken into custody as undertrial prisoner in both the said cases only on 25/26.11.1986, and he was awarded sentence of 1' year's R.I. and a fine of Rs. 1,000.00 and in default, to undergo 6 months further R.I. in the first case and this judgment was delivered on 26.4.1988 and he was sentenced to undergo R.I. for 3 years and to pay a fine of Rs. 500.00 and in default, to undergo 2 months simple imprisonment for an offence punishable u/s 394 r.w.S. 34, Indian Penal Code . vide judgment dt. 11.5.1989. The petitioner prays that the period spent by him as undertrial be taken in...
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