Delhi Court March 1989 Judgments
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Krishna Kumari Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-18-1989
Reported in: 38(1989)DLT221; 1989RLR156
M.K. Chawla, J.(1) In an auction sale of plot nos. 73- 74, Block No. 27, Vishwas Nagar, Shahdara. Delhi, held on 27th December, 1958, by the Managing Officer appointed under Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter referred to as the Act), the highest bid of the petitioner Smt. Krishna Kumari, for Rs. 32751- was accepted. A sum of Rs. 4951- towards the part payment of the sale consideration was adjusted from compensation application of the petitioner. After the possession of the plots was handed over, the petitioner constructed a set of two rooms and the boundary well. Since then she is in occupation of this property. (2) The grievance of the petitioner is that in spite of repeated requests and reminders, the respondents are neither accepting the balance price nor issuing the sale certificate. The petitioner now learns that the respondent is experiencing difficulty in finalising the sale, inasmuch as they have come across an order, declaring Smt. Harmuji...
Jenson and Nicholson (India) Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-17-1989
Reported in: (1989)(22)ECC89
1. M/s. Jenson & Nicholson (India) Ltd., had filed a Revision Application to the Additional Secretary, Government of India, Ministry of Finance, Department of Revenue, New Delhi being aggrieved from Order No. V-2 (14) 2346/79/2661, dated 23rd July, 1980 passed by the Collector of Central Ex-cise (Appeals), Bombay. The said Revision Application stands transferred to the Tribunal in terms of the provisions of Section 35-P of the Central Excises & Salt Act, 1944 to be disposed of as an appeal. The learned Collector (Appeals) had disposed of 29 appeals vide Order-in-Appeal Nos. 1286/80 to 1314/80 by a consolidated order. Thereafter the appellants filed 28 more supplementary appeals and the same were presented in the Registry on 6th July, 1988 duly supported with application for condonation of delay. After hearing both the sides the delay in filing of the 28 supplementary appeals is condoned.2. The matter had come up for hearing earlier and was argued by Shri R.N. Bajoria, Sr. Advo...
Aruna Steel Rolling Mills Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-17-1989
Reported in: (1989)(22)ECC262
1. The captioned appeal is against the order of Collector (Appeals), Madras. The brief facts of the case are that the appellants manufacture railway track material described as 'tie bars'. The appellants manufacture the same out of duty paid ingots after rolling the same into flats. The flats, so obtained, are out into requisite sizes and the holes are punched therein as per the specifications of the railway, who are their customers. The resulting product is known as 'tie bar'.The lower authorities have held the 'tie bar' to be assessable under T.I. 68 holding that the processes, as described, results in the production of a new commodity having a distinct name and use.2. The appellants have stated that the goods continue to fall under T.I. 26AA(i)(a) as forged product and that no further duty was leviable on the goods. The duty demanded is Rs. 5,80,717.90 P. The demand has been restricted to a period of six months under Rule 11A of Central Excises & Salt Act.3. The learned advocat...
M/S. Nagori and Company Vs. Indian Sugar Industries Export Corporation ...
Court: Delhi
Decided on: Mar-17-1989
Reported in: AIR1990Delhi125
ORDER1. The Indian Sugar Industries Export Corporation Limited (hereinafter referred as the Corporation) was required to arrange transport of 6260 metric tons of sugar as handling agents for State Trading Corporation for five different factories situated in the State of Gujarat. The Corporation entered into a contract to execute the job with M/ s. Nagori and Company, Shivaji Cross Road, Shrirampur, District Ahmednagar, Maharashtra (hereinafter referred to as the Company). It was agreed that a consideration of Rs. 89/ - per metric ton will be paid to the Company. Under the said agreement, the transportation had to be completed by 20th of February, 1981. The Company lifted 1668.6 M.T. of sugar from the factories and delivered 1558.6 M.T. at the Bombay Port by the stipulated date. Other 1100 bags though removed from Chalthan Factory were not carried to the destination but were stored at the godowns of the transporters engaged by the Company. Though the stipulated time expired, the company...
Commissioner of Income-tax Vs. J.K. Synthetics Ltd. (No. 1)
Court: Delhi
Decided on: Mar-17-1989
Reported in: [1990]182ITR125(Delhi)
B.N. Kirpal, J.1. The Commissioner of Income-tax, under section 256(2) of the Income-tax Act, has asked for a direction to be issued to the Tribunal to refer the following questions of law to this court : (i) Whether the Income-tax Appellate Tribunal was correct in law and on facts in holding that, on merits, the Income-tax Officer had no justification whatsoever to make the addition of Rs. 22,34,900 as withdrawal of relief under section 84 (ii) Whether the Income-tax Appellate Tribunal was correct in law and on facts in holding that the Income-tax Officer, while remaking the assessment, had no jurisdiction to sit in judgment over an issue which stood concluded by the order of the Income-tax Appellate Tribunal in respect of the original assessment (iii) Whether the Income-tax Appellate Tribunal was correct in law and on facts in holding that the Income-tax Officer and the Inspecting Assistant Commissioner, acting under section 144B, did not make out any reasonable case for holding that...
Nagori and Company Vs. Indian Sugar Industries Export Corporation Ltd.
Court: Delhi
Decided on: Mar-17-1989
Reported in: ILR1989Delhi402
Sunanda Bhandare, J. (1) A dispute arose between the parties which was referred to arbitration. Shri M. S. Joshi, ex-Judge of Delhi High Court was appointed as sole arbitrator by the Indian Council of Arbitration to consider and decode the dispute between the parties under the rules of the Arbitration of the Council. A claim was lodged by the Company against the Corporation for recovery of Rs. 2,57,118.40. According to the Company Rs. 1,49,705.40 was due to it for transporting the sugar; Rs. 50,000 by way of refund of the security deposit Rs 40,000 as damages for the loss suffered in consequence of the termination of the contract. The Company claimed interest on this amount @ 18% per annum from 7th April 1981 till realisation of the amount. The Corporation did not deny the claim of the company for transportation charges @ Rs. 89 per M.T. for 1558.6 M.T. of sugar actually carried i,e, Rs. 1,48,540.40; Rs. 1200 paid by it as octroi duty on behalf of the Corporation and Rs. 50,000 on acco...
Sardar Singh and anr. Vs. State
Court: Delhi
Decided on: Mar-17-1989
Reported in: 38(1989)DLT206
Malik Sharief-ud-din, J.(1) The learned Additional Sessions Judge by his order dated 29th of November 1985 convicted the appellants under section 302/201/34 Indian Penal Code . and by his subsequent order dated 3rd of December 1985 each one of the appellants was sentenced to undergo imprisonment for life under sections 302/34 IPC. The appellants were also sentenced to undergo rigorous imprisonment for 5 years under section 201/34 Indian Penal Code .It is these orders which arc being impugned by the appellants in this appeal. (2) To begin with, it is necessary to notice the facts. Briefly staling one Tara Chand and appellant Sardar Singh are real brothers. Both of them reside in village Jhatikara. The deceased Charanjit had developed illicit relations with one Savitri wife of Tara Chand and also with appellant No. 2 Smt. Saraswati, wife of appellant Sardar Singh. Smt. Savitri wife of Tara Chand who had also been charged for the aforesaid offences has since been acquitted and we are not ...
S.R. Farishta Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-17-1989
Reported in: ILR1989Delhi626
Mahesh Chandra, J.(1) This Writ Petition is directed against the termination of petitioner's service vide orders dated 18th December, 1979 of the D.I.G. (P), Central Reserve Police Force (for short 'CRPF') and orders dated 11th February, 1981 of the Director General, Crpf upholding the orders of the DIG(P). It has been requested that the said orders be quashed and sct aside and appropriate writ be issued directing the respondents to reinstate the petitioner with full back salary and continual services with all allowances and other benefits. (2) Facts giving rise to this petition arc that the petitioner was employed as Sub Inspector in Crpf and was posted as Quarter Master Sub Inspector (Stores) (for short 'QMSI') at Ajmer between 15th February, 1976 and 9th June, 1978 and on the night of 18th April, 1978 it was reported to him that the window of woollen cloth store room was lying open and thereupon on the next morning the petitioner reported the matter to the Company Commander (Stores)...
Satish Sadan Vs. Prithvi Raj and anr.
Court: Delhi
Decided on: Mar-17-1989
Reported in: 38(1989)DLT178
P.K. Bahri, J. (1) This petition has been brought under Section 482, Code of Criminal Procedure seeking the quashment of the proceedings and the final order dated November 19, 1981 made by the S.D.M. under Section 145 of the Code, and also the order of Additional Sessions Judge dated November 15, 1983 by which the revision petition brought by the petitioner was dismissed. (2) Facts, in brief, are that respondent No. 1 Prithvi Raj had taken on rent shop/garage No. 78(5) Tolstoy Lane, Connaught Place on the rental of Rs. 15 per month in the year 1966 or so. Admittedly there are many landlords .of the said premises and one of them is Satish Roy Kapur. On July 27, 1977, Prithvi Raj and the petitioner Satish Sadan entered into a partnership agreement, copy of which is Ex. DWI/A on the basis of which on July 30, 1977, Rs. 4.000 were paid by Satish Sadan to Prithvi Raj, respondent No. I vide receipt copy of which is Ex. Db which indicates that the same bad been given as advance of profits cov...
Harayana Milk Foods Ltd. Vs. Inspecting Assistant Commissioner.
Court: Delhi
Decided on: Mar-17-1989
Reported in: [1989]30ITD499(Delhi)
ORDERPer A. Kalyanasundharam, A.M. - The assessed a limited company has preferred this appeal against the levy of interest u/s 216 of the IT Act, 1961.2. The brief facts of the case are that the assessed had filed the statement of its income for advance tax purposes in Form No. 28A on 13th September, 1983. The income shown in this statement was Rs. 8,12,240 which income represented the last assessed income. The first two Installments of advance tax were paid based on this income. On 15th March, 1984, the assessed company had filed From No. 29 estimating its income at Rs. 18,12,240 and had paid the last Installment of advance tax accordingly. The ITO on completion of the assessment levied the interest u/s 216 of Rs. 16,072 for the reason that the first two Installments of advance tax were lesser than the last Installment, though he did not call upon the assessed company to explain it. Aggrieved the assessed company preferred appeal to the CIT (A). The contention of the assessed was that...
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