Delhi Court March 1989 Judgments
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Ved Pal Anand Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-17-1989
Reported in: ILR1989Delhi264
Charanjit Talwar, J.(1) (RULE D.B.)-This judgment deposes of five Criminal Writ Petitions. (2) CR. Writ Petition No. 543 of 1988 has been filed by Ved Pal Anand. His son Ashok Anand, who has also been detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Cofeposa Act) has challenged the legality of the detention order in Cr. Writ Petition No. 545 of 1988.(3) In Cr. Writ Petition No. 577 of 1988, Ved Pal Anand has unaligned the declaration issued under Section 9(1) of the Cofeposa Act. In Cr. Writ Petition No. 576 of 1988, Ashok Anand also seeks quashing of a similar declaration. They aver that the declarations dated the 2nd November, 1988 were served on them after they had filed the earlier writ petitions.(4) The fifth writ petition (Cr. Writ Petition No. 555 of 1988) has been filed by Smt. Shashi Anand on be naif of her husband Madan Lal Anand, who has also been detained under the detention order passed by the Joint. Secret...
Rajesh Vs. the State
Court: Delhi
Decided on: Mar-16-1989
Reported in: 1989CriLJ1814; 1989(3)Crimes638; 1989RLR281
1. The appellant has come up in appeal, feeling aggrieved by his conviction for offence under S. 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short the Act), by judgment dated 1st April, 1987, recorded by the Additional Sessions Judge, New Delhi, and order of sentence of 9th April, 1987 whereunder he was sentenced to R.I. for ten years with fine of Rs. 1,00,000/- sentence in default being R.I. for further two years. 2. The appeal was filed through Mr. M. S. Siddiqui, Advocate, but when it was taken up for hearing, he stated that after the appeal was filed, the papers were taken away by father of the appellant, and he has no instructions. The appellant on being produced from custody pleaded that he has no means to engage a counsel, and made a request for being provided with a State counsel. It was considered expedient to appoint Shri M. S. Siddiqui, Advocate as amices curiae, on account of his having filed the appeal, and thus being familiar with facts of the case. A...
S.K. Chaudhary Vs. Bhagwan Dass Batra
Court: Delhi
Decided on: Mar-16-1989
Reported in: 38(1989)DLT196
Goswamy, J.(1) Admitted, This revision petition by the defendant is directed against the order dated 25.1.1989 passed by the learned trial Judge whereby his application for leave to defend was dismissed and the suit of the plaintiff filed under older 37 Civil Procedure Code was decreed. (2) The suit was instituted for the recovery of Rs. 23,000.00 on the basis of a cheque having been issued by the defendant. The cheque was issued in January 1982. It was not presented for encashment for over five months. The defense as set up in the application was that during this period i.e. in March 1982, the matter had been settled between the parties and the plaintiff executed a receipt on that date. The receipt has also been shown to me. It ^ no doubt true that the receipt does not talk of the cheque amount of Rs. 23.000.00 but it does talk of some settlement about the property transaction. All the same it will have to be shown by the plaintiff as to the purpose for which the amount was advanced a...
Amar Nath Goel Vs. Mayur Syntax Ltd.
Court: Delhi
Decided on: Mar-16-1989
Reported in: II(1989)ACC428; 1990ACJ93; 39(1989)DLT196
Y.K. Sabharwal, J.(1) On 14/06/1982 the plaintiff as usual was working in the factory premises of his employer, defendant company, least Realizing that, for him and few others, it was a bad day. On this fateful daya portion of the office building collapsed resulting in death of three persons and grave and serious injuries to various persons. The plaintiff sustained grave and serious in(2) Defendant admits the collapse of the wall of the factory building facing the North West which bounded the Railing Department, cement go down and stores. It admits that three persons died and few including the plaintiff sustained grave and serious injuries. Defendant also admits that plaintiff was admitted in the Nursing Home on 14/06/1982 and was discharged on 3/08/1982. Defendant has pleaded that the entire factory premises was duly constructed fully in accordance with National BuildingCode. Jj says that entire construction was sound and stable but due to unseen vis major circumstances which were bey...
Punjab Anand Lamp Industries Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-15-1989
Reported in: (1989)(22)ECC251
1. Short question involved in this appeal is whether the bulb sleeves and tube light sleeves manufactured by the appellants for the purpose of packing the electric bulbs and electric tube lights manufactured by them are printed boxes and cartons which are not entitled to an exemption in terms of notification 66/82 dated 28.2.82 as amended by notification 151/83 dated 13.5.83. The notification reads as follows:- "GSR No. - In exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts articles of paper or paper board falling under sub-item (3) of Item No.17 of the First Schedule to the Central Excises and Salt Act, 1944 (1 of 1944), from the whole of the duty of excise leviable thereon. Provided that no such exemption shall apply to printed boxes and printed cartons (including flattened or folded printed boxes and flattened or folded printed cartons) whether in assembled or unassembled condition." 1.1 The adjudicat...
Raj Nirmal Woollen Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-15-1989
Reported in: (1989)(22)ECC179
1. The issues involved in this appeal are : (i) the Collector of Customs (Appeals) has rejected the appeal for non-compliance of the provisions of Section 129E of the Customs Act, 1962, and (ii) the "wool waste" which was found to have a quantity of "woollen yarn" is to be calssified as a waste only under Tariff Item No. 51.03.2. Briefly the facts are that the appellants have filed a bill of entry on 7-1-1988 declaring the goods as wool waste falling under T.I.51.03.20 consisting of 48 bales and weighing net 6931 kgs. The value declared is Rs. 1,17,192. The appellants have claimed against an import licence endorsed for import of items listed against Group K-5(2) of Appendix-17 of the Import Policy, 1985-88. They were subjected to 100% examination and as per the examination report on the reverse of the bill of entry, a quantity of 1764 kgs. was found to be yarn in hanks.The number of hanks were tied together and they were of the same colour in one hank. They were found not to be waste ...
Mohd. HussaIn Vs. State
Court: Delhi
Decided on: Mar-15-1989
Reported in: 1989(3)Crimes679; 38(1989)DLT217
P.K. Bahri, J. (1) This appeal has been brought against judgment dated October 21, 1987. and subsequent order dated October 26, 1987, of an Additional Sessions Judge, by which he bad convicted the appellant of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and had sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. l,00,000.00 (one lakh) and in default, to undergo further rigorous imprisonment for six months. (2) On receiving a secret information at the Police Station itself which was reduced into writing in daily diary at Seriall No. 7A at Ii 05 AM' with regard to a person carrying opium, the police party comprising of Daryao Singh, Sho then posted at Police Station Sadar Bazar, Si 0m Parkash (Public Witness 4) and Constables Suresh Chand & patch Singh proceeded to the crossing of Qutab Road where public witness Ram Gopal (Public Witness I) met and joined and on the pointing out of...
Collector of C. Ex. Vs. Roha Dye Chem Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-14-1989
Reported in: (1989)(22)ECC140
1. This appeal is directed against the Order-in-Appeal No.AMP-660/BIII-296/87, dated 30.9.87 passed by the Collector of Central Excise (Appeals), Bombay, by which he set aside the order dated 20.4.87 passed by the Assistant Collector of Central Excise, Panvel Division, whereby he ordered that 'Food colours' manufactured by M/s. Roha Dye Chem Pvt. Ltd. (respondents to the present appeal) be classified under Heading No. 3204.90 of the Schedule to the Central Excise Tariff Act, 1985 (Act No. 5 of 1986), dismissing the claim of the respondents that the goods were classifiable under Heading No. 2107.99. In appeal, the Collector (Appeals) ruled that the goods were classifiable under Heading No. 21.07.2. We have heard Smt. Vijay Zutshi and Shri L.C. Chakraborty, Departmental Representatives for the appellant-Collector and Shri V.Lakshmi Kumaran, Advocate, for the respondents.3. The exact nature of the goods is not available in the record but there is no dispute that the goods are food colour...
National Gold Industries Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-14-1989
Reported in: (1989)(22)ECC132
1. Both the captioned appeals are directed against the common impugned Order-in-Appeal and the short point involved in these appeals is - Whether the appellants are entitled to the benefit of Notification No. 35/85-C.E., dated 17-3-1985 as amended by Notification No. 78/86-C.E., dated 10-2-1986 in respect of 'liquid gold' which according to the appellants should be classified as 'ceramic colour'.2. Short facts leading to the controversy are that both the appellants are manufacturers of liquid gold'. They are registered as a Small Scale Industry. For the manufacture of liquid gold primary gold is required as raw material which is allotted under quota system on quarterly basis by the Gold (Control) Administrator. The manufacturing as well as the marketing of liquid gold is subject to the provisions of the Central Excises and Salt Act, 1944.3. Appellants No. 1 M/s National Gold Industries, Agra filed their Classification list No. 180/86 w.e.f.' 25-10-1986 classifying liquid gold under su...
Modi Rubber Limited Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-14-1989
Reported in: (1989)(22)ECC348
1. The question that comes up for decision in this appeal is whether under Notification No. 20/84-C.E., dated 1-3-1984 a Maruti Van can be considered to be a saloon car. The appellants manufactured tyres and during the period 25-5-1984 to 16-1-1985 they cleared tyres of the size 4.50 -12 R. 80 BSW 8 PR with nylon and supplied to M/s. Maruti Udyog Ltd. (hereinafter to be referred MUL in short), manufacturer of the vehicle known as Maruti Van, availing of the concessional rate prescribed by the Notification. There were other clearances also totalling 1,150 tyres during this period.2. Admittedly the tyres were meant for use in the "vans" manufactured by MUL. The Department was of the opinion that a Maruti Van is not covered by the expression "saloon car" occurring in the Notification and initiated proceedings by issuing a show cause notice threatening demand for duty at Tariff rate at Rs. 1.500/- per tyre and special excise duty at Rs. 150/- per tyre whereas the appellants actually paid ...
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