Delhi Court August 1989 Judgments
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Collector of Central Excise Vs. New Jack Printing Works (P) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-28-1989
Reported in: (1991)(35)LC361Tri(Delhi)
1. This appeal arises out of Order-in-Appeal No.M-817-856/BI-249-271/BII-132-145/TH-51-53/84 dated 16th June, 1984 passed by the Collector of Central Excise (Appeals), Bombay whereby 40 appeals had been disposed of by the Collector (Appeals).3. The respondent is doing job work of certain customers in as much as raw material, namely, Paper Board, is supplied to the respondent by the customers and the respondent prepares cartons and returns the same to the customers. So, the respondent filed classification list claiming exemption under Notification No. 119/75 dated 30.4.1975 contending that they are only doing job work and material is supplied by the customers.The jurisdictional Assistant Collector approved the classification list, but refused to grant benefits of exemption under the said Notification. Aggrieved by the said order, the respondent preferred an appeal before the Collector (Appeals) and it was disposed of along with other 39 appeals whereby all these appeals were allowed. A...
Ramdas Plastic Mfg. Co. Pvt. Ltd. Vs. Collr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-28-1989
Reported in: (1990)(45)ELT685TriDel
1. This is an application purporting to be under Section 35-F of the Central Excises and Salt Act, 1944 with the following prayer- "It is, therefore, respectfully prayed that the waiver of pre-deposit may be granted and the furnishing of bank guarantee be exempted till the hearing and final disposal of the appeal before this Hon'ble Tribunal. And Pass such other order or orders as your honour may deem fit and proper in the circumstances of the case." 2. This prayer has a chequered history. By the impugned order the Collector of Central Excise, Pune after his usual adjudication has demanded duty amounting to Rs. 38,87,715.87 from the applicants and also imposed a penalty of Rs. 20 lakhs. The applicants have filed their appeal in the Tribunal and alongwith the appeal the applicants also filed their application for the waiver of the mandatory requirement of the predeposit of the amount of duty demanded and penalty levied in terms of proviso to Section 35-F of the Act. The said applicatio...
K.S. MakIn Vs. Prasaran Commissioner of Income Tax Group Housing Socie ...
Court: Delhi
Decided on: Aug-28-1989
Reported in: 39(1989)DLT498
P.N. Nag, J. (D.B.)(1) The petitioner, K.S. Makin, who is a proprietor of M/s. Kuldip Singh Gian Singh Kapoor which is a construction company and is engaged in the construction of various multi-storeyed projects including construction of flats of cooperative housing societies, has filed this petition under Section 20 of the Arbitration Act, 1940 against the respondent M/s .Prasaran Cooperative Group Housing Society Ltd. praying for issuance of direction to the respondent to file the agreement dated 29th August, 1984 in court and to refer the disputes' to the arbitration in accordance with the arbitration agreement to settle the disputes between them. (2) The facts set out in the petition are that the respondent society entered into an agreement dated 29th August, 1984 for the construction of 165 dwelling units with the petitioner's sole proprietorship concern. In Clause Ii of the said agreement it has been provided that in the event of any question, disputes and I or differences arisin...
Swastika Metal Works Vs. Union of India and anr.
Court: Delhi
Decided on: Aug-28-1989
Reported in: ILR1990Delhi387
P.N. Nag, J.(1) The petitioner, a partnership firm, has tiled this petition under Sections 14 and 17 of the Indian Arbitration Act, 1940 seeking directions to respondent No. 2 to file the award dated 7th October, 1985 together with the file relating to the arbitration proceedings in court and also for issuance of notice of filing of the award and the proceedings after the award is filed in court by respondent No 2, arbitrator(2) The petitioner firm, which deals in brass, copper, zinc, nickel, silver sheets strips and other metal products as importers, exporters and manufacturers, in pursuance of the invitation for tenders by respondent No. 1 vide invitation to tender No. POM/TEC/107/069/7-5-79/P.1 due to be opened on 28th July, 1979 for the supply of 16201 Kgs. of brass strips to the specifications prescribed therein, offered its tender which was accepted by the respondent after having further correspondence and the condition of delivery was amended so as to read '618 months in 2 or 3 ...
Union of India Vs. Delhi Bar Association
Court: Delhi
Decided on: Aug-28-1989
Reported in: 1989RLR455
S.B. Wad, J.(1) The writ petition is filed by the Union of India, representing the Central Bureau of Investigation, against the order of the Judicial Committee (presided by Justice D.P. Wadhwa) on 21.8.1989, directing Cbi 'to produce on affidavit copies of statements of S.I. Jinder Singh and Mr. Rajesh Yadav, if any, recorded u/s 161 Criminal Procedure Code . or though not recorded u/s 161 Criminal Procedure Code . but recorded in the case diaries.' (2) Mr. Jinder Singh, S.I., was in-charge of the police post Tis Hazari during the incidents on 21.1.1988 and 17.2.1988. Mr. Rajesh Yadav had admittedly led the mob of about 3000 to 4000 people and had allegedly stormed Tis Hazari Courts on 17.2.1988. It is important to note that these are the last two witnesses in what can loosely be called the prosecution story. Main witnesses such as Mrs. Kiran Bedi and some lawyers, who are described as 'S8-B witnesses' are already examined and cross-examined. After the completion of the cross-examinati...
Jai Parkash Vs. Dinesh Dayal and
Court: Delhi
Decided on: Aug-28-1989
Reported in: 1991CriLJ418; 1990(1)Crimes546; 39(1989)DLT376
R.L. Gupta, J. (1) This petition under Section 482 of the Code of Criminal Procedure, 1974 (hereinafter called 'the Code') for quashing the proceedings in a complaint dated 4-7-88 against the petitioner in which he has been summoned as an accused by order dated 15-11-88 has arisen in the following circumstances:- (2) The petitioner claims that he is a permanent resident of Bhadohi, District Varanasi, U.P. carrying on his business as a supplier of carpets under the name and style of M/s. Jaswal Carpet Co. since a number of years. M/s. Mayur Carpets (P) Ltd.. respondent No. 2 has a branch office at Bhadohi. Both the parties had entered into a written agreement on 9th April, 1987 by which the petitioner was to supply unwashed and un-finished carpets to the Branch office of respondent No. 2 at Bhadohi. Accordingly the petitioner continued to supply such carpets to respondent No. 2 from time to time and also had been rendering proper accounts. However, disputes arose between the parties whi...
Seema Puri Vs. State
Court: Delhi
Decided on: Aug-28-1989
Reported in: 40(1990)DLT107
R.L. Gupta, J. (1) This application has been filed for grant of bail to the petitioner who is mother-in-law of the deceased Mrs. Rashmi Puri. I have heard Mr. I. U. Khan, counsel for the petitioner and Mr. R. P. Lao, counsel for the State and have given my careful consideration to all the circumstances argued before me. The petitioner was arrested in this case on 3-4-1989. The marriage of the deceased Rashmi Puri with the son of the petitioner took place on 17-2-1988 and she committed suicide on 3-4-1989 by driving two glasses of Kerosene oil and then by dousing her clothes with kerosene oil she set herself ablaze. The occurrence actually took place, at about 8.30 A.M. She was taken to the hospital and medically examined at about 8.45 A.M. She was removed to the hospital by her father-in-law D. R. Puri who is also confined in jail. It is mentioned in the medical report that the patient herself gave the history of sustaining burn injuries. She mentioned before the doctor that she wanted...
Kanta Rani and ors. Vs. Staff Selection Commission and ors.
Court: Delhi
Decided on: Aug-28-1989
Reported in: 39(1989)DLT330
Leila Seth, J.(1) A piquant situation had developed in his case and we were not quite clear at the beginning as to how we should proceed, consequently, we heard the matter at length. (2) On 6th October, 1988, Mr. A.K. Dhull and Mr. Narendra Singh filed Civil Writ No. 2306/88. They imp leaded the Staff Selection Commission, Department of Personnel & Training, Ministry of Home Affairs, the Secretary, Ministry of Home Affairs and the Municipal Corporation of Delhi as respondents. (3) In the said petition, it was mentioned that the Municipal Corporation of Delhi was running a large number of primary schools and employed thousands of teachers Consequently, the Municipal Corporation of Delhi requested the Staff Selection Commission to select Assistant Teachers (Primary) for them. In response to this request the Staff Selection Commission published an advertisement on 17th September, 1988 and specified certain educational qualifications. (4) The only part of this advertisement with which Mr. ...
Shree Bankey Behari Lal Board Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-25-1989
Reported in: (1989)(24)ECC102
1. This appeal is directed against the impugned Order-in-Appeal passed by the Collector of Customs (Appeals), Calcutta.2. Brief facts leading to the present appeal are that the appellants M/s. Shree Bankey Behari Lai Board Mills, New Delhi imported a consignment of Compressed Air Breathing Apparatus sets, consisting of 22 sets in all (two sets out of which were invoiced as 'Samples' having no commercial value). The appellants, Importer sought the clearance of the said consignment under Open General Licence vide Appendix 6, List 2, Serial No. 11 of Import & Export Policy for the year April, 1984 - March, 1985. They also claimed duty free clearance of the imported goods under Notification No. 208/81, dated 22-9-1981. However, it appeared to the authorities concerned from the perusal of the documents that the imported goods may not be eligible either for clearance under OGL or for duty free clearance as claimed by the appellants. It also further appeared to the authorities concerned ...
Collector of C. Ex. Vs. Ballarpur Industries Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-25-1989
Reported in: (1990)LC59Tri(Delhi)
1. M/s. Ballarpur Industries Limited, Chandrapur, the respondents herein, manufacture paper and paper board falling under Chapter 48 of the Schedule to the Central Excise Tariff Act, 1985 (the 'schedule', for short). Under the scheme of availment of Credit of excise duty paid on inputs for utilisation towards payment of duty on the final products as set out in Central Excise Rule 57A, the respondents had declared the inputs used in the manufacture of paper and paper board of several varieties. The declaration was in respect of inpurts lying in stock with the respondents as on 1-3-1987. The Assistant Collector of Central Excise while allowing the credit in respect of some inputs dis-allowed the same in respect of the following inputs i.e. (1)imported gum rosin; (11) dye direct brown 'MR'; (iii) dye bismark brown 'R'; (iv) sodium hexameta phosphate. In appeal this order was set aside by the Collector (Appeals). Hence, the present appeal by the Collector of Central Excise, Nagpur.2. We h...
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