Delhi Court February 1989 Judgments
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Sita Ram Verma Vs. Saraswati
Court: Delhi
Decided on: Feb-11-1989
Reported in: 43(1991)DLT629
Sunanda Bhandare, J.(1) These three revision petitions are directed against the judgment of the Additional Rent Controller (hereinafter referred to as the Controller) dated 11.4.1989 whereby the three eviction petitions filed by Smt. Saraswati who is the landlady of the property in dispute were disposed of by a common judgment. Civil Revision No. 806/1989 and Civil Revision no. 807/89 are filed by the tenants Trilok Nath Kuadra and Sita Ram Verma and Civil Revision No. 912/1989 is filed by the landlady Smt. Saraswati. The Controller disposed of the three eviction petitions by a common judgment because the three eviction petitions were consolidated and evidence was recorded in only one of the eviction petitions i.e. Eviction Petition no. 134 of 1988. (2) The case of the landlady before the Controller in all the three eviction petitions was that the three premises let out to the three tenants in the same building for residence were required bona fide for herself and members of her family...
Collector of C. Ex. Vs. Warner Hindustan Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-10-1989
Reported in: (1990)(29)ECC172
1. This is an appeal against the order of Collector of Central Excise (Appeals), Madras. Brief facts of the case are that the appellants manufacture a product described as Halls Icemint Tablets and claim the assessment of the same under Tariff sub-heading 3003.30 as Ayurvedic medicine chargeable to nil rate of duty. These tablets contain the following ingredients: 4. Euclyptus oil IP rectified (mentioned as Nilgirei Tailam on label) 2. Earlier, the appellants had also filed a classification list of another product described as Halls Mentholyptus Tablets claiming assessment of the same under Tariff sub-heading 3003.19 chargeable @ 15%. The ingredients of the Halls Icemint Tablets and Mentholyptus Tablets appear to differ in respect of only colouring, material and flavouring, agents.3. The respondents, before the lower authorities, pleaded that they were manufacturing a product Halls Icemint Tablets under a licence issued to them by the Director, Indian Medicines and Homoeopathy and cla...
Anand Metal and Steel Works Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-10-1989
Reported in: (1989)(23)LC154Tri(Delhi)
1. In this case, the appellants paid central excise duty and cleared the goods. Subsequently, they claimed refund of duty to the extent of Rs. 1,63,687.67 for the period April, 1982 to September, 1982 on the ground that no duty was payable during the period in terms of Notification No. 80/80-CE. Assistant Collector of Central Excise, Calcutta-XI Division, rejected the refund claim on the ground that the value of their clearances in the preceding financial year exceeded Rs. 15 lacs. The appeal filed by them was also rejected by the Collector of Central Excise (Appeals) by the impugned order, but on a different ground. He has held that the Appellants' contention that their clearance value is Rs. 13.39 lacs had to be accepted and their entitlement to the exemption Notification No. 80/80-CE during the period April to September, 1982 is admitted. But as the appellants paid duty knowing fully well that they were entitled to the exemption under the above notification and they had chosen out ...
Shankar Vs. State
Court: Delhi
Decided on: Feb-10-1989
Reported in: ILR1989Delhi35
P.K. Bahri, J. (1) These two appeals arise from the same judgment of the Additional Sessions Judge, so they arc being disposed of by this common judgment. (2) APPELLANT-SHANKER and appellant-Prem Chand were charged for an offence punishable under Section 392 read with Section 397 of the Indian Penal Code for having committed robbery on March 14, 1985, at house No. C-1/19, Safdarjang Development Area, New Delhi, at about 2.30 P.M. of one Vcr make National Panasonic 370, one two-in-one make National Panasonic, one another two-in-one make Sharp and one transistor make Philip belonging to Smt. Uma Malhan. (3) Vide judgment dated October 4, 1988, Shri S, C. Jain. Additional Sessions Judge, had sentenced accused Prem Chand to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500.00 and in default to further undergo simple imprison- merit for one month under section 392, Indian Penal Code. and had sentenced accused Shanker to undergo rigorous imprisonment for seven years a...
Lekh Raj Kukreja Vs. Raymon
Court: Delhi
Decided on: Feb-10-1989
Reported in: AIR1989Delhi246; 38(1989)DLT137
Mahesh Chandra, J.(1) By this order, pro pose to dispose of Civil .Revision Petition Nos. 121 of 1989 and 136 of 1989 filed by Lekh Raj Kukreja and Mrs. Raymon Kukreja respectively challenging the order dated 19th January, 1989 passed by Ms. Usha Mehra, Additional District Judge, Delhi under section 12 of the Guardians and Wards Act. 1890 (hereinafter called 'the Act').(2) Facts giving rise to these revision petitions are that Lekh Raj Kukreja, petitioner-husband and Mrs. Raymon, respondent- wife were married way back in April, 1977 and thereafter they had three children of their wedlock, son Gaurav, being the eldest of three and other two being daughters. One of daughters was given in adoption to other sister of Mrs. Raymon. It appears from the statement of the counsel for the parties that some Habeas Corpus petition was filed in respect of daughter Neha and son Gaurav, which was disposed of vide orders dated 10th August, 1988 by a Division Bench of this court. In the said Criminal Wr...
B. N. Mathur Vs. Income-tax Officer.
Court: Delhi
Decided on: Feb-10-1989
Reported in: [1989]30ITD9(Delhi); (1989)34TTJ(Del)230
ORDERPer Agarwal, JM - This is an assesseds appeal arising out of his assessment for assessment year 1982-83. We have heard the learned counsel for the assessed and the learned Departmental Representative and have perused the material placed before us.2. The first contention raised in this appeal is about an addition of Rs. 1,61,616 made by the ITO on account of unexplained investment in two silver bars which were found in possession of the assessed on the search of his bank locker No. 64 at the United Commercial Bank, Nizammudin on 20-1-1982. The said locker was found to contain two silver bars, one weighting 30.480 kgs. and the other weighting 28.570 kgs. The assesseds Explanationn in proceedings under section 132 and in the assessment proceedings has throughout been that the silver bar weighing 30.480 kgs. belonged to Bishamber Nath & Sons, a HUF of which the assessed was the karta and that the other silver bar weighing 28.570 kgs. belonged to the assesseds wife Smt. Indra Mathur. T...
Chemicals of India Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-09-1989
Reported in: (1989)(24)LC79Tri(Delhi)
1. Appellants manufacture excisable goods specified in the Notification No. 80/80-C.E., dated 19-6-1980. They also manufacture Thinner falling under Item 68 of the Central Excise Tariff, which was exempted from the whole of excise duty under Notification No. 179/77-C.E. The lower authorities have denied the benefit of exemption under Notification No.80/80-C.E. in respect of the goods specified in the Notification. In the impugned order, the Collector (Appeals) has stated that the Notification No. 80/80-C.E. provides for duty free clearance of specified goods upto the value of Rs. 5 lacs and thereafter on concession upto 25%, if the total clearances of the specified goods in the preceding financial year did not exceed Rs. 15 lakhs and total clearances of all excisable goods during the previous financial year did not exceed Rs. 20 Sakhs. He has observed that Explanation V to the Notification laid down the method of computation of aggregate clearance value and according to this Explanati...
Safdarjung Enclave Educational Society Vs. Municipal Corporation of De ...
Court: Delhi
Decided on: Feb-09-1989
Reported in: AIR1989Delhi266; 1990(18)DRJ14; ILR1989Delhi221; [1990]181ITR154(Delhi)
Wadhwa, J.1. The petitioner, a society registered under the Societies Registration Act, 1860, is challenging the order dated November 4, 1988, of the Deputy Assessor and Collector, passed under the provisions of the Delhi Municipal Corporation Act, 1957 (for short 'the Act'), and assessing the society to general tax. The Deputy Assessor and Collector rejected the contention of the petitioner-society that no tax could be levied on its building as it was a society for a charitable purpose and entitled to exemption under sub-section (4) of section 115 of the Act. 2. The society runs a school called the Green Field School and the tax in question has been levied on the school building. 3. A general tax is levied under clause (d) of sub-section (1) of section 114 of the Act. The petitioner-society contends that no general tax under the Act could be levied as it was exempt from any such taxation under sub-section (4) of section 115 of the Act. It appears that, against the impugned order, a su...
Rukshana Begum Vs. Nizam Elahi
Court: Delhi
Decided on: Feb-09-1989
Reported in: 38(1989)DLT12
S.B. Wad, J.(1) This Revision Petition is filed by wife Smt. Rukshana Begum (against her husband Nizam Elabi) against the order of the Guardian Judge dated 22 2. 1986 dismissing the application of the wife under Order Ix, Rule 13 and passing an exparte order granting custody of two sons, Mohd, Hayat and Mohd. Ali to Respondent husband. (2) The parties are Muslim and were married on 29th April, 1977 according to Muslim rites. The first son was born on 1.11.1978 and the second son was born on .11.6.1980. According to the petitioner she was driven out of the house at Delhi in June, 1980. On 18.8.1980 the husband gave talaq to the wife. Through the interim orders of this court the custody of the sons with the mother was continued but the husband was given access to sons from time to time. After giving talaq the respondent-husband has married for the second time. It was stated in the supplementary affidavit that the petitioner had filed an application at Jaipur for maintenance under Section...
Mahabir Auto Stores and ors. Vs. Indian Oil Corporation Ltd.
Court: Delhi
Decided on: Feb-09-1989
Reported in: AIR1989Delhi315a; ILR1989Delhi255
P.N. Nag, J. (1) The petitioners in the present writ petition seek issuance of a writ of mandamus against the respondent directing it to desist from denying or discontinuing the supply of all kinds of lubricants to the petitioner No. I and from ousting, black-listing, coercing or pressurising them from the business of dealing with all kinds of lubricants supplied: by the respondent to them and to continue to supply of all kinds of lubricants to the petitioner No. I firm as was done in the past and for the maintenance of status quo as existed on 27th May, 1983 and for payment of necessary damages for the period from 28th May, 1983, till the date of the filing of the writ petition or till the decision of the writ petition. (2) The relevant facts set out in the pleadings briefly are that the petitioner No. I, M/s Mahabir Auto Stores (hereinafter referred to as 'the firm') is a partnership firm duly registered with the Registrar of Firms at Delhi having its office/shop at C-69, Shivaji Par...
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