Delhi Court April 1991 Judgments
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A.N. Gupta and Co. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-30-1991
Reported in: (1994)(69)ELT58TriDel
1. This is an appeal against the order-in-original No.S8/221/90-SIB-56/90, dated 14-9-1990, enhancing the value of goods from 72,687 CIF to 4,24,416 and imposing a penalty of Rs. 20,000/-. The Collector permitted the appellants to redeem the goods on payment of redemption fine of Rs. 50,000/-.2. The appellants on 30-8-1989 requested the supplier M/s. China National Electronics Import & Export Corpn., Ghangzhou, China for supply of price list for halogen lamps. On 18-9-1989, the supplier furnished the lowest quotation on the ground that the appellants did not require quality certificate and that there will be no replacement guarantee. In pursuance of the above quotation, the appellants placed an order on 3-10-1989, for 5000 pcs. of Cool Beam Type 12V 50W 38 and 10,000 pcs. of Tubular Type 220/240-1000W halogen lamps. On 21-10-1989, the supplier forwarded Sales Contract. On 30-12-1989, the appellants opened a letter of credit of US $ 4,160 in favour of the supplier through the Corpo...
Steel Authority of India Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Apr-30-1991
Reported in: (1991)38ITD193(Delhi)
1. Appellant company is a public sector company running several steel plants. The company was registered under the Companies Act, 1956 on 24th January, 1973. It started functioning as holding company with some subsidiary companies in 1978 under the Public Sector Iron and Steel Companies (Restructuring) and Miscellaneous Act, 1978. As a consequence, appellant company became operating company with effect from 1-5-1978 and following subsidiaries were dissolved : As per Clause 6 of the Restructuring Act of 1978, the accumulated losses and unabsorbed depreciation if any of the dissolved companies was deemed to be loss or as the case may be, depreciation of the integral company. From 1960-61 onwards the dissolved companies had suffered losses. Appellant filed a return for the year in appeal, i.e., 1989 declaring loss of Rs. l',67,00,789.21. Assessing Officer computed the income at Rs. 16,732 lakhs. However, after setting off brought forward unabsorbed depreciation, the income was computed a...
Liek Rashid Khan Vs. Union of India and Others
Court: Delhi
Decided on: Apr-30-1991
Reported in: 1992CriLJ2646
R.L. Gupta, J.1. This petition under Arts. 226 and 227 of the Constitution of India read with S. 482 of the Code of Criminal Procedure has been filed for quashing a detention order dated 14-8-89 passed by respondent 3 Sh. Mahendra Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of revenue, New Delhi as also for quashing a declaration dated 16-3-90 issued by Sh. S. Venkatarama Iyer, Special Secretary to the Government of India, Ministry of Finance, respondent 2 and also for quashing the confirmation order dated 12-6-90 issued by the Central Government. 2. Since the above referred orders are being challenged only on one short ground, thereforee, the detailed facts and circumstances in which the petitioner was detained need not be given. 3. The main ground urged on behalf of the petitioner is that in the declaration dated 16-3-90 issued by respondent 2, the petitioner was not made aware that he has a right to make a representation against the declaratio...
Rajinder Singh Vs. State
Court: Delhi
Decided on: Apr-30-1991
Reported in: 1991(2)Crimes416; 45(1991)DLT206
S.C. Jain, J.(1) The facts giving rise to this petition are that on 16.1.77,at about 9.30 p.m. a military truck bearing No. T 730 14082E came from the side of Tilak Bridge and was proceeding towards India Gate. When it had crossed three-fourth of the crossing at Bhagwan Dass Marg and Tilak Marg,a mini bus No Dip 6200, which was being driven by the present petitioner Rajinder Singh came at a very fast speed from Mathura Road on Bhagwan Dass Marg crossing and struck against the military truck with the result that the truck turned turtle by falling at a distance of 23 paces from the place ofimpact. The petitioner could manage and control the mini bus with great difficulty and could stop it only at a distance of 66 paces by turning towards left side of the road at Tilak marg and received some injuries.(2) As a result of this accident five passengers traveling in the truck died and 17 persons received injuries, out of whom injury on Panna Lal was found to be grievous in nature.(3) The petit...
Zorawar Singh Vs. Municipal Corporation of Delhi and anr.
Court: Delhi
Decided on: Apr-30-1991
Reported in: 44(1991)DLT314; 1991RLR312
Mahinder Narain, J. (1) The petitioner states that he is the owner of premises No. B-216. defense Colony, New Delhi. There is an electric meter installed at the said premises. It is stated in the petition that in the second week of July, 1986, the petitioner received a notice dated 7.7.1986 from respondent No. 2, Delhi Electric Supply Undertaking, calling upon the petitioner to pay a sum of Rs. 6,895.20 p., being an amount due on account of elecric charges for the period 11.9.1979 to 23.1.1985.(2) It is the respondent's contention that in that notice it was staled that the meter had remained bad and defective during the period 11.9.79 to 23.1.85.(3) The petitioner says that he paid the amount of the bill under a threat disconnection.(4) In this petition itself the petitioner points to a judgment of this Court reported as : AIR1987Delhi219 {H.D.Shourie v. Municipal Corpn. of Delhi & another] In that case this Court held that disputes regarding the correctness of the meter have to be dec...
New Delhi General Mazdoor Union, Delhi Offices and Establishment Emplo ...
Court: Delhi
Decided on: Apr-30-1991
Reported in: ILR1992Delhi358
D.P. Wadhwa, J. (1) These six writ petitions involve common questions of law. The principal questions being (1) would the 'workmen' who have been employed as contract labour by the 'principal employer' and who were hired by or through the 'contractor' would become employees of the principal employer if the principal employer, is not registered under section 7 and/or the contractor does not possess a license under section 12 of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act), and (2) if the first respondent is a State withhin the meaning of Article 12 of the Constitution and thus, amenable to the writ jurisdiction A subsidiary question has also been raised if the workmen will also become the employees of the principal employer having put in more than 240 days of a work in a year. In all these writ petitions workmen are represented by the petitioner, a trade union. In writ petition No. 3603/89 the petitioner is New Delhi General Mazdoor Union and in all othe...
M.L. Arora and ors. Vs. Municipal Corporation of Delhi and ors.
Court: Delhi
Decided on: Apr-30-1991
Reported in: ILR1992Delhi346
Dalveer Bhandari, J.(1) This writ petition under Article 226 of the Constitution of India questions the legality of circular No, 1|19|89|WSU|Seniority|4308 dated 24-1-1989 whereunder Additional Deputy Commissioner, Water Supply and Sewage Disposal Undertaking, Municipal Corporation of Delhi has issued a provisional seniority list. (hereinafter to be referred to as Circular). It is alleged in the petition that by the said circular, final combined seniority lists of Assistant Engineers (Civil) issued by respondent No. 2 as far back as on 17-7-1976 and two additional lists dated 4-11-1981 and 18-1-1984 have been cancelled. Petitioners 1 to 8 were appointed as Assistant Engineers (Civil) between 1974 and 1977. Petitioners have completed regular service of 12 to 15 years as Assistant Engineers (Civii).(2) There were no statutory rules regulating the service of the petitioners. They were governed by the regulations framed by the Municipal Corporation under Section 98 of the Municipal Corpora...
Photo Copy Centre Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-29-1991
Reported in: (1991)(56)ELT801TriDel
1. This is an appeal preferred against the Order-in-Appeal No.Cal-Cus-1993/88, dated 21-11-88 passed by the Collector of Customs & Central Excise (Appeals), Calcutta.2. The case of the Department is that appellants imported 7 PCS.Complete photo copiers in SKD condition under two Bills of Entry. They filed one bill of entry declaring the goods as spares of printing machines and in respect of other consignments, a bill of entry was filed by M/s. Sarya Udyog Pvt. Ltd. declaring as spares of photo copier. The goods were supplied by the same supplier which came by the same vessel. The goods were sought to be cleared by the appellants under OGL in respect of parts of printing machines and produced additional licence of M/s. Sarya Udyog Pvt. Ltd. for spares of photo copier. On examination the imported goods were found to be parts of photo copier which make complete photo copying machines in SKD condition and not spare parts of the printing machine or photo copier as declared. Further it ...
Collector of Central Excise Vs. R.D. Alloys
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-29-1991
Reported in: (1991)LC358Tri(Delhi)
1. The dispute relates to the eligibility of modvat credit in respect of Hot-tops and sealing compound, Refractories (ramming mass). The respondent manufacture stainless steel ingots and they filed a declaration dated 8-4-1986 to avail modvat credit on the Hot-tops, sealing compound, Refractories (ramming mass) as inputs of the stainless steel ingot which are the end products.2. The Asstt. Collector disallowed their claim on the ground that these items are part of the apparatus of machinery falling under the exclusion clause.3. On appeal, the Collector held that the Notification No. 177/86 has a wider scope in admitting the goods under modvat. The goods claimed by the appellants except the ingot moulds are consumed in the manufacture of final product even though they may not be part of the final product and cannot be retreated. These are finally consumed in the manufacture of the final product. Holding as above, he allowed the modvat credit in respect of hot-tops, ramming mass, sealin...
M/S. Allahabad Law Journal Co. Ltd Vs. M/S. Skyways Construction Corpo ...
Court: Delhi
Decided on: Apr-29-1991
Reported in: AIR1992Delhi9
ORDER1. This is an application seeking amendment of the plaint with a, view to seek further relief of specific performance of agreement for sale.2. The application is opposed by defendants 1 to 3. Defendants No. 4 has been already proceeded ex parte in the main suit.3. The facts in brief are that plaintiff had entered into an agreement dated December 15, 1970 with defendant No. I through defendant No. 2 for the purchase of Flat No. 5A in Rajhans, 33, Prithvi Raj Road, New Delhi for consideration of Rs, 1,60,000 / -. The building was yet to be constructed and the sum of Rs. 5,000 / - was paid at the time of the signing of the agreement and balance amount was to be paid in 10 equal installments.4. Plaintiff, later on, had entered into an agreement with defendant No. 4 for selling its rights under the Agreement for sale in favor of defendant No. 4 for sale consideration of Rs. 2 lacs. This agreement was executed on November 22, 1972. It is the case of the plaintiff that Rs.50,000/- still ...
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