Delhi Court September 1990 Judgments
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Mohd. ShamsuddIn @ Sambu Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-06-1990
Reported in: 42(1990)DLT479; 1991(20)DRJ3
V.B. Bansal, J.(1) Shri Mahendra Prasad, Joint Secretary to the Government of India, specially empowered under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the Act) passed an order dated 12th December, 1989 for the detention of Shri Mohd. Shamsaddin @ Shamba to be kept in custody in the Presidency Jail, Allpore. Calcutta with a view to preventing him from engaging in transporting smuggled goods and dealing in snuggled goods otherwise than by engaging in concealing or keeping smuggled goods. In pursuance of this order the petitioner was detained on 20th December, 1989 when the grounds of detention were also served upon him.(2) By way of this petition filed by the petitioner through his brother Shri Adil Hussain under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner has prayed for issuance of a writ of habeas corpus or any other appropr...
T. Sasidharan Pillai Vs. Union of India and anr.
Court: Delhi
Decided on: Sep-06-1990
Reported in: 42(1990)DLT493
V.B. Bansal, J. (1) Shri Sasidharan Pillai, petitioner, has filed this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying for the issuance of a writ of Habeas Corpus or any other appropriate writ, order or direction for quashing the order dated 7th November, 1989 passed by the respondent under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred to as the Act). (2) In exercise of powere under Sec. 3(1) of the Act respondent No. 1 Passed an order of detention of the petitioner with a view to preventing him from indulging in activities prejudicial to the augmentation of country's foreign exchange resources. This order could be served on the petitioner on 24th November, 1989 when he was sent to jail and on the same day the grounds of detention along with the list of documents were served on him. This order of detention was confirmed by respondent No. 1 on 12th ...
Hayvolt Electricals Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-05-1990
Reported in: (1991)(52)ELT107TriDel
1. This is an appeal against the order of the Collector (Appeals), New Delhi.2. The learned Counsel stated that they had filed a refund claim on the basis of Notification No. 80/80 dated 18-6-80. However, the Assistant Collector rejected the claim on the ground that they had not filed a declaration as required under the said notification. The learned Collector (Appeals) also took the view that a notification was required to be construed strictly in the light of the Tribunal's order cited by him and confirmed the order of the Assistant Collector.3. It was their submission that in this case at the beginning of the year they had secured an order worth Rs.24,37,000/- from U.P.Electricity Board. Hence they did not file the declaration.Subsequently, however, their total value of clearances did not exceed the prescribed limit by Rs.15 lakhs. Hence they filed the refund claim.4. At this stage a question arose whether the matter falls within the jurisdiction of the Regional Bench. The learned ...
Electric Lamp Manufacturers Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-05-1990
Reported in: (1991)(31)ECC163
1. All these appeals raise a common question of facts and law pertaining to the same assessee, hence they are taken up and disposed of by this common order.2. The appellants in Appeal No. E/2161/87;C have sought for setting aside the order-in-original passed by the Collector of Central Excise, Calcutta in his Order (Original) No. 225(15A)86-Collr. 25/87 dated 22-5-1987 by which the demand raised by the department against the appellant by Show Cause Notice dated 27-8-1986 for contravention of provisions of Section 6 of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) read with Rules 9(1), 174,173B, 173C, 173F, 173G, 9,49,52A, 53 and 54 of Central Excise Rules, 1944 (hereinafter referred to as the Rules) was confirmed for six months and were directed to pay duty at the appropriate rate under Chapter 32.14 from 23-2-1986 to 1-4-1986 (inclusive) of the new Central Excise Tariff and penalty of Rs. 40,000/- was imposed under Rule 173Q of the Rules.3. The appellant...
Delhi Development Authority Vs. Lala Amar Nath Educational and Human S ...
Court: Delhi
Decided on: Sep-05-1990
Reported in: AIR1991Delhi96; 42(1990)DLT651
ORDERD. P. Wadhwa, J1. This batch of 35 appeals are against the common judgment of the learned single Judge (B. N. Kirpal, J.) whereby he allowed the petitions and quashed the demand raised by the Delhi Development Authority (D.D.A.) in excess of increase cost of land at the rate of Rs. 9,50,000/- per acre calculated on the basis of 'no profit no loss'.2. All these appeals raise some question of law and can again be disposed of by a common judgment.3. The facts are not in dispute, The petitioners in the writ petitions are now first respondents in all these appeals and are societies registered under the Societies Registration-Act, 1860. They run, schools. They were allotted land by the D.D.A. at various places in Delhi for the construction of school buildings. For the purpose of decision of these appeals, it is not necessary to give the details of the land allotted to these societies. These societies were allotted land between the period 1-4-1987 to 3-10-1988. The allotment letter stipu...
P.P. Sankaran Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-05-1990
Reported in: 49(1993)DLT239
M.K. Chawla, J. (1) On 29.4.85. 18 gold biscuits of 10 tolas each were recovered from the baggage of one P. Bhaskaran Nair who had landed at Trivendrum Airport on a flight which came from Sharja. On interrogation, Shri Bhaskaran stated that the zipper bag containing the foam mattress with the 18 gold biscuits concealed therein had been given to him at Sharja by one Kunhimon, a friend of his employer Shankaran, the petitioner herein.Shri Bhaskaran further disclosed that he was instructed by Kunhimon to handover the said zipper bag to one Velayudhan a relative of the petitioner who would be waiting outside the airport to receive him. It is also the case of the Department that the statement of Shri P.K.. Velayudhan which was recorded on 29.4.85, revealed that he met the petitioner in the morning, who instructed him to go the airport to receive Shri Bhaskaran.(2) As a consequence of the further investigation, petitioner was arrested on 29.4.85 by the D.R.I, officers from Shri Chitra Medica...
Uttam Laminates (P) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-04-1990
Reported in: (1991)(52)ELT276TriDel
1. This is an appeal against Order-in-Appeal No. 182/Cal.I/89 dated 28-7-1989 passed by the Collector of Central Excise (Appeals), Calcutta.2. The issue arising for determination in this appeal is the classification under the First Schedule to the Central Excise Tariff Act, 1985 of paper based decorative laminated sheets. The lower authorities have classified the goods under sub-heading No. 3920.37 of the Schedule as rigid laminated plastic sheets negativing the appellants' claim for classification under sub-heading No. 4823.90.3. We have heard Shri J.S. Agarwal, Counsel, for the appellants and Shri S. Chakraborty, DR, for the respondent-Collector.4. Shri Agarwal submitted that the issue stands concluded by this Tribunal's decision in the case of M/s Amit Polymers and Composites Ltd., Hyderabad v. CCE Hyderabad - 1989 (20) ECR 454 which was followed in Order Nos. 552 to 572/89-C dated 29-9-1989 in M/s Meghdoot Laminart Pvt. Ltd. and Others v. CCE. It has been held that paper based dec...
Asian Bearing Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-04-1990
Reported in: (1991)(51)ELT532TriDel
1. In this appeal, the appellants Asian Bearing Limited have sought for setting aside the order-in-appeal No. 33/84 CBE (D) in No. 17/84 (CBE) D dated 18-4-1984 passed by the Collector of Central Excise (Appeals), Madras and to restore the order-in-original in C. No. V/49/13/3/COI/T.2 dated 27-10-1983 passed by the Assistant Collector of Central Excise, Hosur.2. The Revenue went in appeal before the Collector of Central Excise (Appeals), Madras under Section 35E (4) of the Central Excises & Salt Act, 1944, hereinafter referred to as the Act, against the order-in-original of the Assistant Collector, Hosur sanctioning a refund of Rs. 59,290.21.3. It is the case of the appellants that they manufacture ball bearings and rolling bearings of various types in their factory at Hosur. They had obtained a licence No. 1/82 (Rolling bearing) dated 28-4-1982 from the Assistant Collector of Central Excise, Hosur. They had been clearing ball bearings on payment of duty between 1st June, 1982 and...
Dr. Angolo Fernandes Vs. Union of India and Others
Court: Delhi
Decided on: Sep-04-1990
Reported in: AIR1991Delhi132; 42(1990)DLT558; 1990(19)DRJ317; 1990RLR500
ORDER1. By this petition under Art. 226 of the Constitution of India, the petitioner has challenged a notification dated 4th of April, 1,964 under S. 4, a declaration dated 7th of December, 1966 under S. 6 and notice dated 8th of June, 1967 under S. 9 of the Delhi Land 'Acquisition Act, 1894 (hereinafter referred to as the Act) in respect of land in perpetual tenancy of the petitioner, bearing khasara No. 19 min, measuring 99 big has 4 bids was in village Okhla. By an additional affidavit, placing on record certain subsequent events, the petitioner has also claimed a declaration that the entire proceedings for the acquisition of the land have lapsed. 2. In pursuance of the notification under S. 4, followed by the declaration under S. 6 and the notice dated 8th of June, 1987, the petitioner filed, within the time allowed for that purpose, objections and claim to compensation under S. 9 of the Act. Thereafter, no proceedings were held. The petitioner was not notified of any progress desp...
Rajinder Parshad Vs. State
Court: Delhi
Decided on: Sep-04-1990
Reported in: 1990(3)Crimes287; 43(1991)DLT28; 1990(19)DRJ332
V.B. Bansal, J.(1) This appeal of Rajinder Parshad is directed against his conviction under Section 161 Indian Penal Code and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short the Act) ana the sentence of R.I for two months under Section 161 Indian Penal Code and R.I. for 2 years with a fine of Rs 100.00 under Section 5(2) read with Section 5(l)(d) of the Act vide judgment and order dated 23rd April, 1979 of Special Judge, Delhi. He has also been ordered to undergo imprisonment for one month in case of default of payment of fine with a further direction that the sentences shall run currently.(2) Before discussing the submissions made at the Bar it would be appropriate to have a brief resume of the facts.(3) Som Nath s/o Shri Diwan Chand Gulati r/o A-59, New Moti Nagar was carrying on the business of sale of Chhole Batoore at shop No. M-27, in Gali No. 8, Anand Parbat, New Delhi having taken the said shop on rent at the rate of Rs 125.00 p...
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