Delhi Court December 1991 Judgments
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Raman Lamba Vs. Board of Control for Cricket in India and ors.
Court: Delhi
Decided on: Dec-19-1991
Reported in: ILR1992Delhi1020
Mohd. Shamim, J. (1) This is an application under Order 39 Rules I and 2 read with Section 151, Civil Procedure Code . for issue of an ad-interim injunction restraining the defendants from acting on their letter dated 2nd March, 1991 whereby the plaintiff was debarred from playing cricket organized under the direct supervision of defendant No.1 in India till December 31,1991. (2) The facts in the backdrop of the present petition are as under : that the plaintiff is a cricketer of repute. He has been playing cricket in Ranji Trophy and Duleep Trophy. He has also represented India in International Test Matches. Defendant No. 1 is a Society registered under the Societies Registration Act with its office in Bombay. It controls the game of cricket in India. (3) Duleep Trophy final match was to be played at Jamshedpur during the period from 25th of January, 1991 to 29th January, 1991 in between West Zone and North Zone. The plaintiff was one of the players who represented North Zone Team. Th...
Manmohan Singh Vs. Indo American Electricals Ltd. and anr.
Court: Delhi
Decided on: Dec-19-1991
Reported in: 46(1992)DLT511
Santosh Daggal, J.(1) This revision petition is directed against an order dated 12th March, 1990, paused by the Rent Control Tribunal, Delhi dismissing objections of the Petitioner, Manmohan Singh, to withdrawal of the application that had been filed by respondent No. 1, namely, Indo American Electricals Ltd, (hereinafter referred to as the Company), under Order 41 Rule 19 Civil Procedure Code . The position that emerges on a reading of this order is that the Company, had filed an appeal against the eviction order passed in favor of respondent No. 2 against respondent No. 1. That appeal appears to have been dismissed in default and it was then that the Company had moved an application for restoration of the appeal under the provisions of Order 41 Rule 19 C.P.C. While that application was pending consideration, an application was moved before the Court intimating that there was a compromise between the landlord and the tenant, and pursuant to which application under Order 41 Rule 19 Civ...
Shree Ganesh Agencies Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-18-1991
Reported in: (1999)(112)ELT185TriDel
1. This is an appeal against the order passed by the Collector of Customs, Madras. Briefly stated the facts of the case are that the appellants filed a Bill of Entry No. 053256, dated 29-12-1990 and declared the goods to be cleared against the Bill of Entry as 132 Metric Tonnes of Methyl Ketone (Inferior quality). On the basis of the invoice issued by the suppliers M/s. Top Bottom Impex, Singapore, the cif value of the goods was declared as US $ 6732 at the unit price of US $ 510 per MT. On inspection the drums revealed that the goods had been manufactured by M/s. Auto-chem France. The drums appeared to be new and there was no indication on them about the quality of the contents. The Representative samples drawn from the consignment were tested by the Custom House Laboratory. The laboratory while confirming that the imported goods were 'Methyl Ethyl Ketone', pointed out that "The analytical constants obtained here are in agreement with those mentioned in the books available for techni...
Collector of Customs Vs. Lakshmanan Isola Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-18-1991
Reported in: (1992)(61)ELT315TriDel
1. These appeals arise out of the common order passed by the Collector of Customs & Central Excise (Appeals), Madras disposing of 11 appeals.Since the issues involved in these appeals are identical, they are disposed of by this common order.2. The facts of the case in brief are that during the period 22-9-1982 to 8-1-1986 the respondents exported 11 consignments of Mica Paper through LCD. Bangalore. The goods were charged to export duty of 10% as Fabricated Mica under Heading No. 8 of the Export Tariff read with Notification No. 329-Cus., dated 2-8-1976 as amended by Notification No. 259/84-Cus., dated 12-10-1984. The respondents paid the duty under protest and later claimed refund of Rs. 3,83,724.45 on the grounds that the Mica paper being processed Mica Powder was exempt from export duty in terms of Notification No. 259/84. In support of their claim they pointed out that in Mica paper particles of mica produced through pulverisation of mica scrap were held together purely the el...
Collector of Central Excise Vs. Blue Star Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-18-1991
Reported in: (1992)(39)ECC33
1. This is an appeal arising on account of the transfer of the proceedings initiated by the Central Government under Section 36(2) of the Central Excises and Salt Act, 1944.2. Briefly stated the facts are that the respondents are manufacturing water coolers, bottle coolers and deep freezers of various sizes falling under Item No. 29A(1) of the First Schedule to the Central Excises and Salt Act, 1944. Their products were being delivered at the factory gate in standard packing to wholesale dealers. Whenever demanded by any outstation dealer, the goods were being supplied in special wooden cases to avoid damage during transportation. The Assistant Collector disallowed the deduction of the cost of special packing provided at the request of outstation dealers for the purpose of determining the assessable value of the goods under Section 4 of the Central Excises and Salt Act, 1944. The appeal filed by the respondents against the order passed by the Assistant Collector was allowed by the App...
Kumar Plywood Palace Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-18-1991
Reported in: (1992)(38)ECC253
1. These appeals arise out of an order passed by the Collector of Customs (Appeals) disposing of 3 appeals by a common order.2. Briefly stated the facts of the case are that the appellants presented two bills of entry for home consumption on 7-10-1986 covering 74 crates and 79 crates respectively of "Wood Rough Peeled but not further prepared," falling under Heading 44.08 of the Customs Tariff.They also filed another bill of entry for warehousing on 9-10-1986 covering 84 crates of identical goods. This Bill of Entry was substituted by a home consumption bill of entry which was noted on 23-10-1986. The partial exemption admissible in respect of basic duty of Customs on wood and articles of wood falling under Heading No. 40.08 admissible under Notification No. 62-Cus., dated 13-7-1985 Should be 17-3-1985 - Ed. and 44.08 was withdrawn by Notification No.439/86-Cus., dated 6-10-1986. Similarly by issue of the Notification No. 440/86-Cus., dated 6-10-1986 the exemption from auxiliary duty ...
Collector of Central Excise Vs. Premier Tyres Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-18-1991
Reported in: (2004)(166)ELT100TriDel
1. The issue involved in the present appeal is two-fold, namely, the correct classification of airbags and bladders, and interpretation of Notification No. 217/86, dated 2-4-1986.2. Arguing on behalf of the appellants, Shri L.N. Murthy, learned JDR, submitted that the question of classification of the subject goods stands already decided by this Tribunal in the case of the present respondents themselves. See Order No. 670/91-C, dated 19-8-1991 wherein it was held that the subject goods fall under Tariff Item No. 4017.This position was conceded by Shri A.B. Verma, Manager Administration of the respondents-company. Accordingly, after perusing the said Order we hold that the subject goods fall under Tariff Item 4017 and allow the appeal filed by the Revenue on this account.3. Arguing on the question of the benefit of Notification No. 217 of 1986, dated 2-4-1986, Shri L.N. Murthy, learned JDR, with his usual fairness submitted that the said issue already decided in favour of the assessee ...
Smt. Rajrani Sehgal Vs. Dr. Parshottam Lal and Others
Court: Delhi
Decided on: Dec-18-1991
Reported in: AIR1992Delhi134
1. The appellant Smt. Rajrani Sehgal is one of the daughters of deceased Shri Godar Mal, respondent No. 1,Dr. Parshottam Lal, being the son. The said Shri Godar Mal died on 14th February, 1980and shortly thereafter a petition for grant of probate/letter of administration under the provisions of Section 276/278 of the Indian Succession Act, 1925 (for short 'the Act) was filed by respondent No. I on the basis of a Will, dated 9th September, 1974 alleged to have been executed by his late father, bequeathing all his moveable and immoveable properties to him. All the daughters of the deceased including the present Appellant were imp leaded as respondents; two of whom, namely appellant Smt. Rajrani and Smt.Shakuntla, respondent No. 5 in the petition filed objections to the grant of probate/ letter of administration in favor Dr. Parshottarn Lal. The other two daughters Smt. Shanti Devi and Savitri Devi and legal heirs of a pre-deceased daughter named Smt. Bimla Devi did not, however, file any...
M/S. Allied Motors Vs. M/S. Sanderson Agencies
Court: Delhi
Decided on: Dec-18-1991
Reported in: AIR1992Delhi324
ORDERUSHA MEHRA, J.1. M/s. Allied Motors Private Limited, a company incorporated under the Companies Act, where holding distributorship right of the Burshane Gas known as 'Bharat Gas'. They under the distributorship were permitted to appoint sub dealers. Pursuant to the said authority, the plaintiff company appointed M/s. Sandersons Agencies, through its partners as their sub distributors/ agents with effect from 1st January, 196 1. This sub dealership agreement was renewed from time to time and lastly it was renewed on 1st January 1975. The purpose of creating and assigning rights of sub dealership was to handle on plaintiff's behalf fair and equitable distribution of gas to various customers. The defendants, according to the plaintiff, violated the terms of the agreement, accordingly the plaintiff company invoked Clause 32 of the Agreement dated 1st January 1975 and terminated the sub-dealership agreement of defendant No. 1. This according to the plaintiff was done after obtaining th...
Ram Swaroop Khattar Vs. Foremost Industries India Ltd.
Court: Delhi
Decided on: Dec-18-1991
Reported in: I(1993)BC115; 48(1992)DLT559; 1992RLR74
Y.K. Sabharwal, J. (1) The judgment debtor has filed the Execution Application No. 88/90 under Section 47 read with Order 21 Rule 90 and Sec 34 of Civil Procedure Code . challenging the validity of the decree passed in Suit No. 360/ 84 granting pendente lite and future interest at the rate of 18% per annum on the suit amount. The challenge is on the ground that grant of interest, on the suit amount is contrary to Section 34 of Code of Civil Procedure in as much as the decree awards interest not on the principal sum only but on the suit amount which includes interest as well as principal. (2) By judgment and decree dated 18th April, 1984, as modified on 12th July, 1984, the suit of the plaintiff for recovery of Rs.2,55,000.00 filed under the provisions of Order 37 of Code of Civil Procedure was decreed. The plaintiff has also been awarded pendente lite and future interest at the rate of 18 % per annum. Mr. Mohan, learned Counsel for the judgment debtor, contends that the Court can award...
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