Delhi Court November 1991 Judgments
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Collector of Customs Vs. Amber Woollen Mills
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-20-1991
Reported in: (1992)(41)LC593Tri(Delhi)
1. This application for rectification of mistake purporting to be under Section 35-C (2) of the Central Excises and Salt Act, 1944 has been filed by the applicant, Collector of Customs, New Delhi.2. The brief facts of the case leading to the present application are as follows: i) that the Hon'ble Tribunal by its order No. C/762 & 763/90-D dated 27.11.1990 1991 (33) ECR 243 (Cegat SB-D) has held that the rate of duty prevailing prior to 1.3.1987 will apply in the above matter. ii) that in case of goods imported through Inland Container Depot, the rate of duty applicable on the date of filing of Bill of entry (which is 26.2.1987 in this case) alone is crucial to determine the rate of duty applicable under Section 15 of the Customs Act, 1962 in the present case. iii) In the present case the date of arrival of vessel at the gateway port or the date of filing of the main manifest at the Customs House of the gate-way port does not decide the rate of duty applicable for the goods cleared...
Rekha Rani Saxena Vs. Ashok Saxena
Court: Delhi
Decided on: Nov-20-1991
Reported in: 46(1992)DLT351
P.N. Nag, J. (1) This revision petition is directed against the order dated 19th August, 19S9 passed by Mrs. Manju Goel, Additional District Judge, Delhi whereby she has awarded maintenance to the petitioner-wife @ Rs. 300.00 pm. from the date of the application under Section 24 of the Hindu Marriage Act, i.e., 11,10.1988 and litigation expenses amounting to Rs. l,500.00 . (2) There is no dispute that the amount awarded by the learned Additional District Judge has been paid to the petitioner-wife and is being paid accordingly. (3) The petitioner-wife has filed this revision petition for enhancement of the maintenance on the ground that the income of the respondent-husband is much more than what has been assessed by the learned Additional District Judge and she should be awarded maintenance @ Rs. 1.000.00 p.m. (4) Earned Counsel for the respondent-husband has brought to the notice of this Court the Pay Certificate for the month of July, 1991 of the respondent-husband, who is working as ...
Amrik Singh Vs. State
Court: Delhi
Decided on: Nov-20-1991
Reported in: 46(1992)DLT252
S.C. Jain, J. (1) HEARD. The case registered against the applicant Amrik Singh is under Section 21/29 read with Section 23 of the Ndps Act. As per the case of the prosecution, on 18.9.1987 heroine weighing 9.7 kgs was recovered packed in two ghee tins of Indana and Milk Food from 36-A, Malviya Nagar, New Delhi on the basis of which Shri Yudhishtar, J.M. Malhotra, Manju Narula and Anil Kumar Gandhi and Surinder Malhotra were arrested and a complaint was filed against these persons sometime in September, 1987. The accused Amrik Singh though mentioned in that complaint was not made accused because as per the prosecution version he was not arrested and it was only in June, 1989 that he was apprehended at imperial Hotel, New Delhi. His statement was recorded on 27.6.89 in which he specifically stated that in the last week of August 87 and In the first week of September, 87 Jindo Malhotra had sought to meet him and asked him to supply heroine and he was also paid Rs, 20,000.00 as advance. He...
Om Parkash Vs. Vaid Shyam Sunder
Court: Delhi
Decided on: Nov-20-1991
Reported in: 46(1992)DLT214; 1991(1)DRJ(Suppl)179; 1992RLR31
S.C. Jain, J. (1) This is a second appeal filed against the judgment of Shri O.P. Divedi, Rent Control Tribunal, Delhi dated 29th January, 1990 whereby he confirmed the findings that the respondent herein needs the premises in dispute bonafide for his residence and the members of his family dependent upon him and the appellant, Om Parkash has acquired vacant possession of House No. E-19, Adarsh Nagar, Delhi after 1978. (2) In brief the facts of the case are that Vaid Shyam Sunder-respondent herein alleged in his eviction petition that he being the owner/landlord of the suit premises let out the same to the appellant for residential purposes and that he requires the same bonafide for his residence and for the residence of his family members dependent upon him and that he has co other suitable residential accommodation for his residence and for the residence of the members of his family at Delhi. The other ground of eviction, which the respondent/ landlord has taken is that the appellant...
Balwant Singh Vs. Bhori Lal
Court: Delhi
Decided on: Nov-20-1991
Reported in: 1991(1)DRJ(Suppl)489
S.C. Jain, J.(1) Balwant Singh petitioner herein is a tenant under Shri Bhori Lal, respondent herein in respect of shop premises No. 77 of property.No.. 8551, Model Basti. Delhi since the year 1934. As per the petitioner, on 20th January, 1982, he was dispossessed from the suit premises in an illegal manner. Aggrieved by the dispossession and the manner in which he was dispossessed from the premises, the petitioner filed second appeal under section 39 of the Delhi Rent Control Ace, 1958 in this Court which was registered as Sao 77/82 That appeal has been decided by Bhandare, J- on 27th July, 1990 and the same was accepted. The order of the Rent Control Tribunal dated 7th August, 1981, by taking aid of which the respondent landlord dispossessed the petitioner-tenant from the premises in depute, was set aside. While accepting the appeal filed by the petitioner/tenant. Sunanda Bhandare, J. observed as under: 'A separate application (C.M. 2026/90) has been filed by the appellant praying fo...
Yogeshwar Varma Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-19-1991
Reported in: (1996)(84)ELT120TriDel
1. This is an appeal against the order of the Collector enhancing the value of the Car imported by the appellant from US $ 3050 to Rs. 55,894 plus Rs. 6000/-.2. The appellant was posted on 14-1-1986 as First Secretary in the Embassy of India, Venezuella. He served there till 16-2-1989 and returned to Delhi on 10-3-1989. He placed an invoice dated 25-11-1989 for the import of HONDA Civil Sedan (Reconditioned) 1300cc car with air-conditioner and the price quoted in the invoice was US $ 3050 CIF Bombay. The import was to be made from M/s. Nagoya Used Car Export Association, Nagoya, Japan. He filed the Certificate dated 17-3-1989 from the Export Association certifying the receipt of money. The car was originally registered in 1982 and again registered on 30-8-1989. He obtained a customs clearance Permit No. 3078772, dated 2-5-1989. The car was shipped on 7-12-1989. The appellant filed a bill of Entry dated 9-4-1990 declaring the price of the car at US $ 3050. The Assistant Collector rejec...
Brakes India Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-19-1991
Reported in: (1992)(39)ECC106
1. This is an appeal preferred against the Order-in-Appeal No.C3/421/1984 dated 24-11-1984 passed by the Collector of Customs (Appeals), Madras.2. The appellants imported brake linings which were assessed to duty under Item 68.01/16(a) as articles of asbestos. Subsequently, refund application was filed by the appellants claiming for re-assessment under Heading 87.01. This claim was rejected by the Assistant Collector on the ground that "the goods are linings made of asbestos not mounted.They are therefore to be treated as Asbestos' manufacture covered by the specific Heading 68.01/16." This view was upheld by the Collector (Appeals) relying upon the Explanatory Notes to the respective headings and observing that 'from the composition of the goods and the examination of the sample, it would more readily be identifiable as a manufacture of asbestos than as an identifiable component part of agricultural tractor. Hence, this appeal.3. Sri Rangaswamy, learned counsel, for the appellants su...
Raj Devi Vs. Mohd. Salim Siddique and ors.
Court: Delhi
Decided on: Nov-19-1991
Reported in: 45(1991)DLT653; 1991(21)DRJ317
P.N. Nag, J.(1) This revision petition is directed against the order dated 10th December, 1990 passed by Shri B.S. Chaudhary, Additional District Judge, Delhi whereby he has disallowed the application of the petitioner-defendant No. I under Order 6 Rule 17 of the- Code of Civil Procedure for amendment of the written statement.(2) The case set up by the plaintiffs respondents in the suit is that he has filed a suit for specific performance on the basis of an agreement to sell and possession of house No A-1/5, East Krishna Nagar, West Shahdara, Delhi. According to him, it was agreed to be sold for a consideration of Rs. 90,000.00 already paid to the petitioner defendant No. I by the plaintiffs- respondents. In the written statement the stand taken by the petitioner-defendant No. I, in substance, was that she was in possession of the suit property throughout as owner.and that she was residing in the suit property as owner. In the amendment application, the petitioner-defendant No. I wants...
R.K. Pariyar Vs. International Airport Authority of India and ors.
Court: Delhi
Decided on: Nov-19-1991
Reported in: 46(1992)DLT646; 1992(40)ECC61; 1992LC321(Delhi); 1993(63)ELT411(Del)
D.P. Wadhwa, J.(1) It is a batch of four writ petitions. The petitioners have prayed that the International Airport Authority of India, the first respondent be directed to hand over their respective goods covered under their Airway Bills to the K.L.M. Royal Dutch Airlines, the third respondent for transhipment to Nepal without charging any godown rent/demurrage charges. The second respondent is the Collector of Customs, New Delhi. (2) The petitioners who are residents of Nepal sent their goods from Singapore to Kathmandu (Nepal) which arrived at Indira Gandhi International Airport, New Delhi, by K.L.M. Royal Dutch Airlines for transhipment to Kathmandu. In the case of some other persons similarly placed as petitioners, the consignments arrived at Indira Gandhi International Airoort by Air India flight from Singapore for onward transhipment to Kathmandu. In fact. there were in all ten consignments-five coming by K.L.M. Royal Dutch Airlines and the five by Air India. (3) To understand th...
Anuj Kumar Vs. State
Court: Delhi
Decided on: Nov-19-1991
Reported in: 46(1992)DLT309
R.L. Gupta, J. (1) The petitioner is being prosecuted under Sections 302/ 394/397 read with Section 34 Indian Penal Code and Section 27 of the Arms Act in Fir No. 377/89 registered in Ps Trilok Puri. He applies for bail. (2) I have heard arguments advanced by learned Counsel for the parties. The case against the petitioner is based on circumstantial evidence. Smt. Sushma Saluja wife of Sh. Vijay Kumar Saluja was found murdered in then flat No. C-39, Pocket Iii, Mayur Vihar, Delhi on 26.7.89. When the husband returned from office and did not find her in the house, he reported the matter to the police. It was at that time that the wife was found murdered in the house. The case is based entirely on circumstantial evidence. The first circumstance is that the petitioner and the co-accused Ajit Singh had worked as carpenters in the house of the deceased on the relevant date. Their finger and palm prints were found in the bath room of the house. On the same date the petitioner got recovered j...
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