Delhi Court July 1989 Judgments
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Collector of Customs Vs. Sarabhai International
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-10-1989
Reported in: (1990)LC361Tri(Delhi)
1.1 The respondents, an approved unit of Kanidla Free Trade Zone (KAFTZ) for manufacture of Detergent Powder imported certain quantities of soda ash for the manufacture and export of detergent powder in August 1984 and claimed the benefits of Customs notification 77/80-Cus., dated 17-4-1980 as applicable to imports of units in KAFTZ.As required under the Customs notification 77/80 dated 17-4-1980 the appellants executed a bond undertaking to utilise the raw materials for the manufacture of detergent and to export the detergent so manufactured.1.2. Due to lack of export orders the respondents could not utilise the entire quantity of soda ash and therefore, requested the KAFTZ administration for permission to remove the surplus soda ash to demestic tariff area (DTA) on payment of duty. Their request for the said removal was considered and agreed to by the licensing authority in terms of para 8(iii) of Appendix 15 of ITC Policy AM 1984-85 subject to the payment of appropriate duty. Appel...
Collector of Central Excise Vs. Perfect Electric Corporation (P)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-10-1989
Reported in: (1989)(24)LC277Tri(Delhi)
1. This appeal has been filed by the Collector of Central Excise, Patna being aggrieved by the order dated 16.4.1984 passed by the Collector of Central Excise (Appeals), Calcutta. By this order the Collector (Appeals) turned down the application by the department before him to review the approval of classification list accorded by the Assistant Collector of Central Excise, Jamshedpur in regard to crtain switches manufactured by the respondents herein. The respondents manufacture parts and accessories of motor vehicles. They produce, inter-alia, the following 13 items: Prior to 18.6.1977 these goods were classified under Tariff Item 34A of the Centrat Excise Tariff which was under the description "parts and accessories, not elsewhere specified of Motor Vehicles and tractors including Trailors". By the Finance Bill, 1977 Tariff Item 61 CET was introduced with the following description "Electric Lighting Fittings, namely, Switches, Plugs and Sockets, all kinds; chokes and starters for fl...
Vijay Kumar Vs. Shokat Ali and ors.
Court: Delhi
Decided on: Jul-10-1989
Reported in: 1991ACJ266; 41(1990)DLT80; 1989RLR346
Malik, J.(1) (ORAL).-THE appellant has made a grievance against the award passed by the Motor Accident Claims Tribunal in his favor and awarding a sum of Rs. i2,270 as compensation. The grievance of the appellant is that. after coming to the conclusion that the appellant had suffered a permanent disability and after finding that the appellant had to be hospitalised for a long time and had suffered both physically, mentally and monetarily the Tribunal ought to have awarded compensation in the sum of Rs. 1,00,000 which he had originally demanded.(2) The respondents have also filed cross-objection-, as, according to them, the appellant had not suffered any permanent disability and the Tribunal was wrong in awarding compensation for permanent disability.(3) I have gone with Mr. Goyal, learned counsel for the 'appellant, .through the judgment of the Tribunal. The Tribunal has elaborately discussed the evidence led by the parties and on an assessment of evidence has come to the conclusion th...
D.T.C. and ors. Vs. Jai Rani and ors.
Court: Delhi
Decided on: Jul-10-1989
Reported in: I(1990)ACC488
Malik Sharief-Ud-Din, J, 1. The appellant is aggrieved of an order dated 21 st of March 1979 passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 1,00,000/- as compensation in favor of the contesting respondents. The Tribunal further allowed costs and interest at the rate of 3% per annum from the date of application till the date of award and at the rate of 6% per annum from the date of award till the date of final payment.2. The claim arose consequent to an incident dated 12th of November 1970 when at about 10.50 a.m. one Arjun Dev Malik along with his wife Jai Rani and Ashwani Kumar, his minor son, met with an accident while traveling in a three-wheeler scooter DLR 9302. The accident was caused at the hands of a DTC bus No. DLP-10 which, at the time of the accident, was being driven recklessly as the driver of the bus was accelerating the speed with a view to overtake a truck. It was in this process of reckless driving that it swerved to the wrong side and hit the scoot...
Pradeep Kumar Kalra Vs. Delhi Development Authority and anr.
Court: Delhi
Decided on: Jul-07-1989
Reported in: 1989(2)ARBLR414(Delhi); 39(1989)DLT194
Arun B. Saharya, J. (1) This is an appeal under Section 39 of the Arbitration Act, 1940, hereinafter referred to as the Act. arising out of an order dated 11th of July 1988 made by Shri P.D. Jarwal Sub Judge 1stClass, Delhi, refusing to file the arbitration agreement between the parties.(2) The appellant entered into a contract with respondent No. 1 for the work of 'Maintenance and Development of Jjr Colony Hastsal Sh, metalling and premixing carpet on dry brick edge flooring in Block A-2, B & C (Balance Work)'. The contract contained an arbitration clause No. 25 wherein the Engineer Member of the D.D.A. is designated as the person to nominate an arbitrator in case of disputes between the part carousing out of the said contract.(3) Disputes arose between the parties. The appellant invoked the Arbitration clause and sought appointment of an arbitration terms thereof.Respondent No. 1, did not act upon the request of the appellant. Consequently, the appellant moved a petition under Sectio...
Mirah Decor (P) Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-06-1989
Reported in: (1989)(25)LC96Tri(Delhi)
1. M/s. Mirah Decor (P) Ltd., Bombay has filed an appeal being aggrieved from the order passed by the Collector of Customs, Cochin.Briefly the facts of the case are that the appellant had imported 162 rolls of PVC sheets vide Bill of Entry No. 451 dated 26th December, 1986. The description given in the Bill of Entry and the connected invoice dated 6th November, 1986 was "11460 sq.m. PVC sheets of size 0.72 mm. thickness and 2 metre length" and the value was US $ 0.60 per sq.m. cif Cochin. The appellant had claimed its clearance against the following import licences :- 2. The above licences were valid for import of goods mentioned in column 4 items as allowed against Export Product Group C-11-3/C-11-4 of Appendix 17 of the Import Policy AM 1985-88. The proforma invoice dated 6th June, 1986 and the invoice dated 6th November, 1986 indicated that the goods were shipped from ANTWERP by M/s. Equest Shippers Ltd., British Channel Islands. However, the certificate of origin dated 7th October...
Verma Sports Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-06-1989
Reported in: (1989)(25)LC201Tri(Delhi)
1. M/s. Verma Sports Industries, Jullundur (hereinafter referred to as "the appellants") imported certain consignments of corkwood at the port of Bombay. They were charged to additional duty of Customs under Section 3 of the Customs Tariff Act, 1975, at 8% ad valorem corresponding to the duty of excise leviable on goods falling under Item No. 68 of the First Schedule ("CET", for short) to the Central Excises and Salt Act, 1944. After clearance of the goods on payment of duty, the appellants claimed refund of the additional duty on the ground that the goods were produced from the bark of the oak tree, that they were only cut by means of axes and knives and that no power was used in their production. The claim was based on Notification No.179/77, dated 18-6-1977 issued under Rule 8(1) of the Central Excise Rules, 1944, which exempted all goods falling under Item No. 68, CET, in or in relation to the manufacture of which, no process was ordinarily carried on with the aid of power. The As...
Harish Uppal Vs. Neera Dixit
Court: Delhi
Decided on: Jul-06-1989
Reported in: 1989(17)DRJ100; 1989RLR372
Goswamy, J.(1) This appeal by the husband is directed against the judgment dated 21-12-1985 passed by the learned Additional District Judge, Delhi whereby his petition under Sections 11 and 12(l)(c) of the Hindu Marriage Act, 1955 as amended by Marriage Laws (Amendment Act 1976) was dismissed.(2) The marriage between the parties was solemnized on 1-10-1979 in accordance with Hindu rites at New Delhi. After the marriage the parties cohabited as husband and wife at New Delhi. The husband filed a petition under Sections 11 and 12(l)(c) of the Hindu Marriage Act for annulment of marriage by a decree of nullity, on 30-4-1980. It is alleged in the petition that the respondent was earlier married to one Ashok Dixit and was living with him which fact was concealed from the petitioner. It is further stated that the respondent and her family had fradulently concealed the material fact from the petitioner. The only relevant paragraphs in the petition are paragraphs 4 and 5 and it would be useful ...
Modi Rubber Limited Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-05-1989
Reported in: (1990)(25)ECC122
2. The appellants imported a consignment of "needle sewing Machine with standard accessories" valued at Rs. 1,09,174/-. They sought clearance of the same under Appendix 6 of the Import Export Policy, 1985-88 read with Sl.No. 5 of Appendix-1 Part B (Entry No99) thereof. Their claim for importation under Open General Licence (OGL) was rejected by the Addl. Collector of Customs, New Delhi on the ground that they have not satisfied the "actual user condition". He, therefore, confiscated the said items and allowed them redemption on payment of a fine of Rs.50,000/-. No personal penalty was imposed on the appellants. It is against this order of the Additional Collector dated 2.2.87, the appellants have come in appeal before this Tribunal.3. Shri V. Sridharan, learned Counsel has appeared on behalf of the appellant. He submits that Appendix 6 of the Import Export Policy, 1985-88 specifies the categories of importers and the items allowed to be imported by them under OGL. As per Appendix 6 "C...
Collector of C. Ex. Vs. Baidyanath Ayurved Bhavan
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-05-1989
Reported in: (1989)(24)LC504Tri(Delhi)
1. The facts of the case, briefly stated, are that the respondents are engaged in the manufacture of Ayurvedic medicines. During the period relevant to the present dispute, viz., 1975-76,1976-77 and 1977-78, the department charged the goods to duty of excise under Item No. 68 of the First Schedule to the Central Excises and Salt Act, 1944 (the Schedule is referred to hereinafter as the 'CET' and the said Act as 'the Act').The respondents filed a claim in the Assistant Collector's office on 19-7-1982 for refund of the duty paid as aforesaid, on the ground that the classification of the goods under Item No. 68, CET was wrong. They further contended that they had been paying duty all along under protest and so the limitation in Section 11B of the Act would not apply. The Assistant Collector dismissed the claim as barred by limitation under Section 11B of the Act, as well as on the merits of the dispute. The matter was carried in appeal before the Collector (Appeals) who, in his impugned ...
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