Delhi Court April 1991 Judgments
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Subramanium Vs. General Manager, Punjab Roadways
Court: Delhi
Decided on: Apr-15-1991
Reported in: I(1993)ACC6
Santosh Duggal, J.1. This appeal has been filed against the award dated 23rd July, 1973 whereby the claim petition of the appellant was dismissed, for the reason that there was no evidence that death of the deceased Swamy had occurred due to accident caused by rash and negligent driving of bus No. PNU 1981 that belonged to Punjab Roadways.2. The claim petition was filed on behalf of the minor son of the deceased Swamy, named, Subramanium, the present appellant through his maternal uncle R. Mogam. The claim was made on the allegation that the deceased Swamy, who was working as a labourer in Ajodhya Textile Mills, was coming from the said mill after finishing his duty at 2 p.m. and when he was proceeding on his cycle from the Kingsway Camp side and was going towards Azadpur, he was struck by Punjab Roadways bus No. PNU 1981 and subsequently succumbed to his injuries while being taken to hospital in the same bus. The claim was made against Punjab Roadways which owned the said bus and alth...
Dwarka Nath Kundra and ors. Vs. Moti Lal Bhatia and ors.
Court: Delhi
Decided on: Apr-15-1991
Reported in: II(1991)DMC38
V.B. Bansal, J.1. This petition under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed by the petitioners pr lying that the proceedings in complaint Moti Lal Bhatia and Smt. Poonam v. Dwarka Nath Kundra and Others pending in the Court of Shri J.K. Pali, M.M. may be quashed.2. Briefly stated the facts leading to the filing of this petition are that respondent no. 2 Smt. Poonam is the daughter of Moti Lal Bhatia respondent no. 1. She was married to Ravinder Nath Kundra on 9th February, 1981. The petitioners 1 and 2 are the parents of the petitioner 3. After her marriage Smt. Poonam started residing with her husband and out of this wedlock she gave birth to a son named Master Khushal. They, however, could not go on smoothly and so started residing separately. Thereafter Moti Lal Bhatia and Smt. Poonam filed a complaint under Sec. 406 read with Sec. 34 IPC, and after recording of the preliminary evidence the petitioners were summoned. Now at the interventi...
Union of India Vs. Asia Udyog (Pvt.) Ltd. and ors.
Court: Delhi
Decided on: Apr-15-1991
Reported in: (1991)95CTR(Del)240
ORDERM. C. JAIN, C.J. :This company appeal arises out of the order of the learned Single Judge dt. 19th December, 1973, whereby the learned Judge dismissed the appellants appeal upholding the order of the learned District Judge acting as Company at the relevant time.2. A petition under s. 153A(1)(f) of the Indian Companies Act, 1913, read with s. 647 of the Companies Act, 1956, was presented before the District Judge, Delhi, for realisation of arrears of income-tax and business profits tax which had become due from M/s. Dalmia Jain Airways Ltd., respondent No. 2, for the asst. yrs. 1948-49 to 1953-54 M/s. Dalmia Jain Airways Ltd. was amalgamated by the order dt. 10th February, 1953, and by a subsequent order dt. 13th February, 1953, the District Judge had directed that the whole property of the transferor company, i.e., M/s. Dalmia Jain Airways Ltd. shall stand transferred and vest in the transferee company, namely, M/s. Asia Udyog Pvt. Ltd. It was also directed that all the liabilitie...
Dalmia Cement Ltd. Vs. Commissioner of Income-tax Overruled
Court: Delhi
Decided on: Apr-12-1991
Reported in: (1991)96CTR(Del)1; [1991]191ITR331(Delhi)
M.C. Jain, C.J. 1. These references under section 256(1) of the Income-tax Act, 1961, have been made by the Income-tax Appellate Tribunal, Delhi Bench, as the questions referred by it arise out of the order of the Tribunal dated September 29, 1972, in Income-tax Appeals Nos. 4639 and 4640 of 1970-71 in respect of the assessment years 1964-65 and 1965-66. The Tribunal has referred the following questions to this court for its opinion XXXI : 2. For 1964-65 : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the profits arising from the working of the two cement factories situated in Pakistan for the year October 1, 1962, to September 30, 1963, was taxable in the hands of the applicant-company ?' 3. For 1965-66 : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the profits arising from the working of the two cement factories situated in Pakistan f...
Durga Prashad Vs. Shiv Lal Etc.
Court: Delhi
Decided on: Apr-12-1991
Reported in: 45(1991)DLT240
S.N. Supra, J.(1) This Regular Second Appeal is directed against the judgment and decree dated September 11, 1989, passed by the First Appellate Court, whereby, the judgment and decree dated January 21, 1988, passed by the trial Court, were affirmed. (2) For better appreciation of the questions, involved in the appeal, it is necessary to state, in brief, the facts of the case. (3) Respondents predecessor-in-interest, namely, Shri Shiv Lal, filed a suit for possession of the premises in question, and for recovery of Rs. I 500.00 , on account of mesne profit, against the present appellants. Plaintiff's case, before the trial Court was that Shri Shiv Lal, now deceased, was the owner/landlord of the premises, bearing No. 6574, at 70-D, Kamla NagaJ, Subzi Mandi, Delhi, and Smt. Laxmi Devi, the mother of appellants (defendants in suit), was a tenant in respect of two rooms, a Tehkhana, kitchen, common use of latrine, bath and compound, on the first floor, and a garage on the ground floor of ...
Birla Institute of Technology Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-11-1991
Reported in: (1991)(34)ECC101
1. This is an appeal against the order passed by the Collector of Customs (Appeals), Calcutta. The short point that arises for consideration in this case is whether in cases in which the prescribed 'Not Manufactured in India' certificate from the DGTD or the Duty Exemption Certificate from the concerned Ministry is not available at the time of import, the exemption under Notification No. 70-Cus., dated 26-3-1981 in respect of scientific instruments, apparatus etc. imported by approved educational/research institution would be admissible only if the application for the relevant certificate is filed before the concerned authorities prior to the importation of the goods.2. On behalf of the appellants we heard the learned Advocate Shri K. K.Banerjee. He stated that his clients had filed a Bill of Entry on 24-9-1983 for the clearance of a Multiuser Development computer system including Text Processing Package consisting of a manual and floppy disc recorder. Prior to the importation of the ...
Synthochem Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-11-1991
Reported in: (1992)(37)ECC99
1. The delay in filing the Supplementary appeals is condoned after hearing both the parties.2. The appellants have challenged the order-in-appeal No. 70 to 80-Ind/89 dated 21-8-1989 passed by the Collector of Customs (Appeals), New Delhi who has allowed the Revenue's appeals filed under Section 129(4) of the Customs Act and has set aside the order-in-original passed by the Assistant Collector of Customs and Central Excise, Indore. The Assistant Collector of Central Excise, Indore had allowed eleven refund claims of the appellants in respect of excess duties paid on Gallic acid NF 99.5% purity on the ground that the Gallic acid NF of pharmaceutical grade falls under subheading (13) of Heading 29.01/45 of the Customs Tariff and attracts basic customs duty of 60% ad valorem and is exempted from C.V. duty vide Notification No. 234/82-C.E., dated 1-11-1982 as amended.2A. The learned Collector in the impugned order has held that there is no indication that the goods have prophylactic or the...
Kesho Dass Vs. Union of India and anr.
Court: Delhi
Decided on: Apr-11-1991
Reported in: 45(1991)DLT20; 1991(1)DRJ(Suppl)429
J.K. Mehra, J.(1) This appeal was beard along with various other appeals relating to acquisition of land in village Mandoli Fazalpur. The Notification under S. 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on 13th November 1959 for acquiring the land for public purpose, i.e , Planned Development of Delhi, while declaration under Section 6 was published on 18th March 1966.(2) We find that the appellant owned approximately mare than 76 bighas of land. Out of which 23 bighas and 16 bids was fell in village Khureji Khas while the other part of his field measuring approximately 53 bighas fell in village Mandoli Fazalpur. Except for the fact that a part of his land happens to fall in one village, while the other part falls in the adjoining village, there is no other distinction of difference in the land which fell into one filed from the other which fell into another. While dealing with the appeals pertaining to the acquisition of land in village Khureji ...
Gopal Vs. State
Court: Delhi
Decided on: Apr-11-1991
Reported in: 44(1991)DLT415
S.C. Jain, J. (1) Facts giving rise to this appeal are that on 23.3.1989, a secret information was received by Si Randhir Singh of P.S. Town Hall that Siri Gopal and others were indulging in drug trafficking in house No. 1183/85, Chatta Madan Gopal. On this information Si Randhir Singh along with constable Prem Singh joined Ahmad Ali of village Khajuria and reached the spot at 3.25 p.m. The appellant was found standing in the chowk and on seeing the police party he made an unsuccessful attempt to escape but he was caught. On search of the accused a small newspaper packet was recovered from the right pocket of his pant. The packet was found to contain heroin. The Sho of the area also reached there. A sample of 1/4 gram was taken and the sample and the remaining heroin was sealed on the spot and the sample was later on sent to the Cfsl and as per report the same was found to be heroin and on that basis the appellant was challaned for an offence punishable under Section 21 of the Ndps Act...
Collector of Central Excise Vs. Anand Behari Steel and Wire
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-10-1991
Reported in: (1991)(37)LC689Tri(Delhi)
1. These appeals arise out of a common order passed by the Collector of Central Excise (Appeals), New Delhi allowing four appeals filed by the respondents.2. Brief facts of the case are that the respondents were manufacturing Mild Steel Galvanised wires of 2.00 and 3.55 mm cross-section for supplying to the Post and Telegraph Department. The classification list No. 12/85-86 effective from 26.3.1985 in respect of the product under Central Excise Tariff item 25 A was provisionally approved, classifying the goods under Tariff item 33-B, treating them as Electric Wires and cables. In compliance with the Asstt. Collector's letter dated 23.1.1985 directing the respondents to file the revised classification list, they filed under protest another list, showing the classification of the goods under Tariff Item 33-B as Electric wires and cables. On 3.9.1986 the classification list No. 12/85-86 which was approved provisionally was accorded final approval by the Asstt. Collector classifying the M...
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