Delhi Court November 1989 Judgments
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Hyderabad Asbestos Cement Vs. Collector of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-09-1989
Reported in: (1990)LC386Tri(Delhi)
1. This appeal arises and directed against the Order-in-Appeal No.1209/DLH/82 dated 3.9.82 passed by the Appellate Collector of Customs, New Delhi.2. A demand-cum-show cause notice dated 18.3.80 was issued on the appellants on the ground that they have not paid full amount of customs duty payable on certain clearances of Asbestos Fibre from their customs Bonded Warehouse inasmuch as that during the period August 1978 to 3.7.79 the duty was paid on the value calculated at the exchange rate prevailing on the date of clearance of goods from the warehouse as against the duty required to be paid on the value calculated at the exchange rate prevailing at the time of landing of the consignment at the port as per provisions of amended Section 14-15 of the Customs Act, 1962. In reply to the show cause notice the appellants submitted that the amount be adjusted under protest against their refund claims awaiting sanction. The Assistant Collector confirmed the demand. In appeal, the Appellate Col...
Onkar Nath Vs. State
Court: Delhi
Decided on: Nov-09-1989
Reported in: I(1990)ACC383; 1990ACJ773; 40(1990)DLT378
P.K. Babri, J.(1) This criminal revision has been brought against judgment dated April 16, 1 981 of an Additional Sessions Judge, Delhi by which he was dismissed the appeal brought by the petitioner against judgment and order of Metropolitan Magistrate dated March 22, 1980 by which petitioner was convicted of offences punishable under Sections 279 and 304A of Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3.000.00 and in default in the payment of fine, to further undergo simple imprisonment for four months with the direction that if the fine was to be realized, Rs. 2,000.00 from the same will be paid to the legal representatives of the deceased. (2) The Fir was registered on the statement of Ram Lakhan, Ex PW2/A in which he had mentioned that on October 2, 1976 at about 10.45 A.M. he and the deceased Gurudin with his wife Inderpati and one neighbour Ram Kailash were coming on their cycles on the Shakarpur Road and when they we...
NitIn Gunwant Shah Vs. Assistant Collector of Customs (Presentive)
Court: Delhi
Decided on: Nov-09-1989
Reported in: 40(1990)DLT575; 1990(26)ECC176; 1990(47)ELT299(Del)
P.K. Bahri, J.(1) This is an application seeking anticipatory bail. Facts as have been stated in the reply filed by the respondent in brief, are that on July 28, 1989, a bill of entry was filed at the Customs House by Shri B.S. Gandhi, agent, on the authority of M/s. Ess O.A. Company in the name of M/s. S.G. Combines in respect of two containers purported to contain aluminium scrap. The said two containers were found to contain not only the aluminium scrap but also contraband goods like polyester textiles, zip fasteners and almonds of U.S. origin and some brass ingots and crude ayurvedic drugs. It was also discovered that three more containers had arrived which were consigned to the same importer and which also purported to contain only aluminium scrap but on being examined, similar contraband goods were recovered from those containers as well. The value of the goods from the five containers came to be Rs. 1,79,91,935.00. Statements of Shri B.S. Gandhi and Shri Sudhir Kumar, representa...
Mohd. Shahid Vs. Laxmi and ors.
Court: Delhi
Decided on: Nov-07-1989
Reported in: 40(1990)DLT342; 1990(18)DRJ208
P.K. Bahri, J.(1) This petition has been brought under Sections 397, 401 read with Section 482 of the Criminal Procedure Code against the preliminary order dated May 25, 1989 made under Section 145 of the Code and subsequent order dated June 2, 1989 made under Section 146 of the Code attaching and sealing the Shop No. 73A, Khan Market, New Delhi and also against the order dated June 23, 1989 by which the application of the petitioner for quashing the proceedings was dismissed. (2) Facts of the case in brief are that a kalandra under Section 145 of the Code was put in on April 1, 1989 in the Court of S.D.M, New Delhi wherein petitioner was shown as Party No. I and Smt. Laxmi, Radha Krishan and Ram Swaroop were shown as Party No. 2. It was recorded in this Kalandra that the complaints of both the parties have been considered and inquiries have been made and the facts which have come out are that both the parties are disputing about the half back portion of the said shop wherein a Board o...
V.K. Nassar Vs. Union of India
Court: Delhi
Decided on: Nov-07-1989
Reported in: 41(1990)DLT538
P.K. Bahri, J. (1) Vide order dated January 25, 1989, passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') the petitioner has been detained on February 2, 1989, with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange. This writ petition has been filed challenging the aforesaid detention order. (2) The learned counsel for the petitioner has raised three grounds for challenging the said detention order. Firstly, he has argued that it is not disclosed in the order of confirmation served on the detenu on May 15, 1989, as to when, in fact, the reference was made to the Advisory Board and as to whether the Advisory Board had submitted its opinion within eleven weeks from the date of detention or not. Hence, he wanted the court to look into the record to verify these facts. (3) The record shows that the reference was made to the Advisory Board on March 8...
Gujarat State Fertilizers Co. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1989
Reported in: (1990)(25)ECC244
1. The issue for consideration in this appeal is the interpretation of Notification No. 145/71-CE dated 26-7-1971 which grants exemption from the whole of duty of excise leviable to certain gases described therein and falling under sub-items of Item No. 14H of the 1st Schedule to the Central Excises & Salt Act, 1944, if utilised for purposes specified in the Notification. The gas in question in this appeal is ammonia which is exempt if used in the manufacture of fertilizers falling under Tariff Item 14HH.2. The appellant herein is engaged in the manufacture of Anhydrous Ammonia which is used in the manufacture of fertilizers falling under 14HH of the GET. The ammonia is removed for use in the manufacture of molten urea covered under Tariff Item 68 and the molten urea is used by the appellant in the manufacture of Melamine which is subjected to duty under Tariff Item 68. In respect of the quantity of ammonia used during the period July, 1983 to January, 1984 show cause notices were...
Corona Cosmetics and Chemicals Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-06-1989
Reported in: (1990)LC223Tri(Delhi)
1. The Preventive Officers of the Central Excise Headquarters Office visited the appellant's factory, on an intelligence and checked the stocks of the factory. They found 41 cartons (36 cartons of plus detergent cakes-250 gms and 5 cartons of detergent cakes -125 gms.) in excess over the recorded balance in R.G. 1. They also found stocks of detergent cakes and Tata's 501 bar at other places in the factory.---------------------------------------------------------------------------------------Name of goods Quantity Value---------------------------------------------------------------------------------------Plus Detergent (250 Gms.) 767 Cartons Rs. 1,02,946.74Plus Detergent (125 Gms.) 606 Cartons Rs. 85,112.70Tata's 501 4 Cartons Rs. 552.72--------------------------------------------------------------------------------------- Total 1,377 Cartons Rs. 1,88,612.16--------------------------------------------------------------------------------------- 1.1 The officers also could lay their hand...
Devendra Dutt and ors. Vs. State and ors.
Court: Delhi
Decided on: Nov-06-1989
Reported in: 1990CriLJ177; 1990(3)Crimes650; 41(1990)DLT570
R.L. Gupta, J.(1) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing an order dated 12.4.89 passed by Sh. D.R. Jain, Metropolitan Magistrate, New Delhi on Fir No. 43/88 under Section 309 of Indian Penal Code pertaining to Police Station Kalkaji. The circumstances in which this petition arose are as follows : (2) A case under Section 309 Ipb was registered against one B.D. Tandon on the basis of report dated 12.2.88 allegedly made by Sh. M.R. Pruthi, Assistant Director of the Central Economic Intelligence Bureau (in short 'CEIB'). (3) In that report addressed to the in charge, Police Post, Nehru Place, New Delhi, Mr. Pruthi stated that today i.e. on 12.2.88 officers of the Narcotic Control Bureau ('NCB' for short) searched the business premises of M/s In Com Associates Pvt. Ltd. 203, Devika Tower, 6, Nehru Place and recovered and seized 3.186 Kg. of Heroine. Subsequently the officers of the Ceib were also associated in the investigation. theref...
Coates of India Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-03-1989
Reported in: (1990)(25)ECC230
1. The appeal No. C/159/85-B was filed on 17-12-1985 and Appeal No.C/2618/86-B was filed on 4-11-1986. Both the appeals pertain to dispute in assessment of machinery imported by the same importer and involves classification and have been taken up together.2. The appellants, M/s. Coats of India Ltd. manufacture printing ink.The appellants imported two high speed and high efficiency dispersion Mills type 813/1 and 913/1. The assessment of the machines was made under 84.59(1) of the Customs Tariff whereas the appellants claim assessment under 84.59(2).3. In respect of Appeal No. C/159/85-B the Collector of Customs, Calcutta has held that the machine should be assessed under 84.59(1).The appellants have stated that similar mills imported in 1980 were assessed at a lower rate under Heading 84.59(2) of the Customs Tariff.They have not given the specific cases. In their appeal memorandum the appellants have narrated the function of the dispersion mills which is for the process of dispersing ...
imex Engineering Co. P. Ltd. Vs. D.E.S.U. and ors.
Court: Delhi
Decided on: Nov-03-1989
Reported in: 1989(17)DRJ333; 1989RLR558
S.B. Wad, J. (1) The Delhi Electric Supply Undertaking published a notice on 13-9-1988. inviting tenders for fabrication and supply of A, B & C type 66 Kv D/C Galvanised steel lattice towers with extensions thereof, if any, and 66 Kv gantries including templates, bolts, runs and washers etc. complete as per structural drawing of DESU. The petitioner company claims to be in the business of manufacturing extra-high voltage transmission line towards for the last 50 years and have been supplying transmission line towers to various electricity departments in the country. The petitioner and some other concerns, including respondent No 3 M/S. Hirakud Industrial Works, Orissa, submitted their tenders in time. M/S Hirakud Industrial Works is a Government Corporation, set up by the Orissa Government. After the tenders were opened the respondent/DESU negotiated with all the tenders, including the petitioner and respondent No. 3. (2) After the negotiations it was found that the petitioner had tend...
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