Delhi Court September 1990 Judgments
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Bhadrachalam Paper Boards Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-12-1990
Reported in: (1992)(59)ELT466TriDel
1. The appellants have sought for setting aside the order in appeal dated 27-5-1986 passed by the Collector of Central Excise (Appeals), Madras rejecting the refund claim dated 22-3-1985 for Rs. 47,59,801.01 P. being the duty paid during the period 19-8-1984 to 8-11-1984 under protest.2. The question raised in this appeal is the interpretation of amendment Notification No. 214/84 dated 9-11-1984 to the original Notification No. 108/81 dated 24-4-1981 and applicability of concessional rate of duty of 50% of the effective rate of duty to the appellants for the period noted (supra).3. The appellants are manufacturer of various varieties of paper and paper board. The first commercial clearance was effected by them on 12-9-1979 although a small quantity of 0.4669 MT of kraft paper was cleared on 19-8-1979 for exhibition to the share holders at the Company's Annual General Meeting held in August, 1979 which according to appellants were brought back to the factory and repulped under excise s...
Surinder Kaur Bhalla Vs. Bawa Ashpal Singh Bhalla
Court: Delhi
Decided on: Sep-12-1990
Reported in: 1990(2)ARBLR368(Delhi); 42(1990)DLT667; 1990RLR473
R.L. Gupta, J.(1) Plaintiff who is the mother of the defendant has filed the present suit for a declaration that she is the sole owner of House No. A-1/154, Safdarjung Enclave, New Delhi and that her son the defendant has no title or proprietory right in the aforesaid property. The allegations are that her deceased husband was granted perpetual lease of land of the plot underneath this house by the President of India vide the perpetual lease deed dated 9th August, 1964. The deceased raised construction over this plot and thereafter was in occupation and management of this house during his life time. He died on 11th June, 1986. On 1st August, 1985 the deceased executed a Will of his properties, both moveable and immoveable (including the house in dispute). It is further alleged that after the death of the husband, the defendant became inimical to the plaintiff and started harassing her. According to the Will she is the sole owner of the aforesaid property. Some of its clauses are enumer...
S. Surjit Singh Majtthia and ors. Vs. Girijit Singh Majithia
Court: Delhi
Decided on: Sep-12-1990
Reported in: 1991(1)ARBLR201(Delhi); 43(1991)DLT53; 1991RLR37
D.P. Wadhwa, J.(1) This petition is under Sectionals 8 and 28 of the Arbitration Act. 1940 (for short 'the Act'). (2) The principal dispute between, the parties concerns valuation of the shares of certain companies running sugar mills. There are three petitioners and one respondent. First petitioner is the father of the other two petitioners and the respondent. In other words, petitioners No. 2 and 3 and the sole respondent are the sons of the first petitioner. They entered int to an agreement on 4-6-1986, under which they agreed to have the valuation of shares of : (i) Saraya Sugar Mills Ltd.; (ii) Saraya Industries Pvt. Ltd.; and (iii) Malwa Sugar Mills Co. Ltd. worked out by valuers appointed with the consent of their shares in similarity also agreed to have the valuation of their shares in partnership firm known as 'Roadways India'. Till this was done, they mutually agreed to transfer shares of the aforesaid. companies and the partnership firm to each other whereby petitioners were...
The Projects and Equipment Corporation of India Ltd. Vs. Onoda Enginee ...
Court: Delhi
Decided on: Sep-12-1990
Reported in: 1991(1)ARBLR193(Delhi); 43(1991)DLT42
P.K. Bahri, J.(1) This petition has been brought under Section 33 of the Arbitration Act by the Projects & Equipment Corporation of India Limited against Onoda Engineering & Consulting Company Limited for declaring that the claims of the respondent based on various invoices submitted by the respondent to Petitioner /Walchandnagar Industries Limited (hereinafter referred to as 'WIL') cannot form the subjects matter of any arbitration under arbitration clause misting in the bipartite agreement of the parties and in fact, such claims arise out of separate agreement dated March 20. 1986, of the parties and will and injunction was sought restraining the respondent from raising any such claim or demand and for proceeding with reference made to arbitration under the jurisdiction of international Chamber of Commerce.(2) The facts of the case, in brief, are that the petitioner had obtained a contract from an Indonesian company Ptsp in Indonesia for setting up a cement plant. The petitioner ente...
Kishan Lal Vs. State
Court: Delhi
Decided on: Sep-12-1990
Reported in: 1991CriLJ742; 42(1990)DLT413
Jaspal Singh, J. (1) 'BEATUS illiquid proud negotiis......paterna rural babus exercet suit' (happy he who far, removed from business...tills with his own oxen the fields that were his father's), wrote Horace years before the Christ, and yet exodus to the towns continues unabated The lure is for an opening, for riches or for mere crumbs. Anant Ram was no exception. His relative Chotey Lal was already settled in the harried, harassed, half-crushed, cockroach of a city called Delhi, as a domestic help with one Pushp Nath Khosla. He too migrated to Delhi to live with Chotey Lal in the stairs of Khosla's house and to look out for a job He had hardly seen twelve or thirteen summers of his life How could he know the December of his life was just waiting to lower him into the icy grave of internal sleep. He was found dead on the morning of August 5, 1985, a victim of carnal intercourse and strangulation (2) On August 6 the appellant was arrested for having committed the crime and after the tri...
D.P. Das Gupta Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-12-1990
Reported in: 1991(20)DRJ21
P.C. Jain, (1) Administrative Member-The applicant, who is posted as Reference Librarian, Research and Reference Division, Ministry of Information and Broadcasting, New Delhi, has, in this application under Section 19 of the Administrative Tribunals Act, 1985, assailed the order dated 9-1-1990 by which respondent No. 3, a Documentation Officer in the same organisation, has been appointed as Chief Documentation Officer in the same Division in an officiating capacity until further orders and on probation for a period of two years. The applicant has prayed that the aforesaid order as well as the D.PC. proceedings be quashed and the respondent be directed to promote him to the post of Chief Documentation Officer from the date from which respondent No. 3 had been promoted with all consequential benefits.(2) The applicant was appointed ai a Reference Librarian (Class Ii Gazetted) as a direct recruit through the U.P.S.C. on a regular basis on 8-6-1981, even though he had been selected for the...
ifiunik Pharmaceuticals Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-11-1990
Reported in: (1990)LC484Tri(Delhi)
1. This appeal is directed against the Order-in-Appeal No. 343/89-BCH passed by the Collector of Customs (Appeals) Bombay. By this order, the Collector upheld the Assistant Collector's orders rejecting the appellants' claims for re-assessment of the product "Lupulin Pharma Grade" (LPG) in terms of Customs Notification No. 125/86 dated 17-2-1986 as amended by Notifications 225/86 dated 27-3-1986 and 95/87 dated 1-3-1987.2. The appellants imported several consignments of the aforesaid product and claimed the benefit of the above-mentioned notifications.Serial No. 37 of the Table annexed to Notification No. 125/86 specifies "Aseptic Packaging Material and Bags". The Customs authorities denied the benefit of the notification. After clearance of the goods, the appellants filed claims for re-assessment of the goods in terms of the notification and consequential refund of duty. The Assistant Collector rejected the claims on the ground that the notification covered only such packing material ...
Capt. Satish Kumar Sharma Vs. Delhi Administration and Others
Court: Delhi
Decided on: Sep-11-1990
Reported in: ILR1990Delhi203
ORDERR.N. Pyne, C.J. 1. Rule D. B. 2. To be heard today with the consent of both the parties. 3. The petitioner, Captain Satish Kumar Sharma, a resident of Delhi is a member of the Parliament and owes allegiance to Indian National Congress. He actively campaigned in Amethi Parliamentary Constituency for Sh. Rajiv Gandhi, former Prime Minister of India, during the Parliamentary Elections held in November, 1989 and Sh. Rajib Gandhi won this Parliamentary seat by a margin of more than 2,00,000 votes. 4. Shri Sanjay Singh, who was earlier a sitting Congress (I) M.L.A., defected from the party and joined the Janta Dal. On the ticket of Janta Dal he fought from Amethi Assembly Constitutency but lost to the Congress candidate, viz., Harcharan Singh Yadav by a big margin, with the result, he became very inimical to the petitioner. 5. On 23-11-1989 at about 3.00 p.m. some unfortunate violent incident took place between Janta Dal and the Congress workers and it appears there was a cross firing i...
Modern India Builders Vs. President, Super Bazar Cooperative Store Ltd ...
Court: Delhi
Decided on: Sep-11-1990
Reported in: 43(1991)DLT287; 1990RLR465
P.K. Bahri, J.(1) This is a petition filed under Section 20 of the Indian Arbitration Act seeking directions for filing the arbitration agreement and for appointment of arbitrator and for reference of disputes as mentioned in annexure 'A' attached with the petition for decision by the arbitrator. Reply has been filed by the respondents in contesting the petition. (2) Only legal questions have been raised and thus, I have heard arguments for deciding the petition finally. (3) The first contention raised by the learned counsel for the respondents is that the petition is not maintainable inasmuch as in the body of the petition the petitioner has not mentioned about the disputes which are liable of be referred to the arbitrator and he has placed reliance on Villayati Ram Mittal v. Union of India & Others Air 1981 Delhi 313 and M/s. Rai Bahadur Basakha Singh & Sons (Contractors) Private Limited v. M/s. Indian Drugs & Pharmaceutical Ltd. : AIR1979Delhi220 , in support of his contention. (4) ...
D.K. JaIn Vs. Delhi Development Authority and anr.
Court: Delhi
Decided on: Sep-11-1990
Reported in: 43(1991)DLT234
Arun Kumar, J.(1) This order will dispose of I.A. No. 7407/84 which contains objections on behalf of the respondent Dda under Sections 32 and 33 of the Arbitration Act against the award dated 16th June, 1984. (2) The facts leading to the filing of objections are as under :- The work relating to development of land for Pitampura Residential Scheme H-5 (Pt.) Sh : Sewerage (Pt. I) was awarded to the petitioner/contractor by the respondent vide agreement No. 81/EE/DD11/75-76. The disputes arose between the parties in relation to the said contract. The contract contained an arbitration clause. The contractor invoked the said arbitration clause vide his letter dt. 21st October 1981. Shri G. Subramanyam, Superintending Engineer (Arbitration), D.D.A. was appointed as an arbitrator to adjudicate upon the disputes raised by the contractor and the counter claims of the department. The arbitrator made his award on 16th June, 1984 whereby certain claims of the petitioner/contractor were allowed whi...
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