Delhi Court April 1991 Judgments
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True Chem Pharma (P) Ltd. Vs. Collector of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-10-1991
Reported in: (1992)(38)ECC22
1. Briefly stated the facts of the case are that the appellants M/s.True Chem Pharma (P) Ltd. were granted loan licence by the Drugs Controller, Lucknow for the manufacture of patent and proprietary medicines falling under Item 14E of the Central Excise Tariff from M/s.B. Pharma Labs. (P) Ltd., Lucknow, holders of L. 4 licence for the manufacture of patent and proprietary medicines. The appellants were also granted L. 4 licence for the manufacture of patent and proprietary medicines by the Suptd. of the Central Excise. They were getting patent and proprietary medicines manufactured under their (appellants) brand name from M/s. B. Pharma Labs. (P) Ltd. who were also manufacturing patent and proprietary medicines for M/s. Sach Laboratories. On their own account M/s. B. Pharma Labs (P) Ltd. were manufacturing both patent and proprietary medicines and general pharmocopoeial items falling under Item 68 of the Tariff. The Supdt. of Central Excise demanded duty amounting to Rs. 24,745.94 und...
Manager, Stores and Purchases Vs. Collector of Customs, Indian
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-10-1991
Reported in: (1991)(37)LC688Tri(Delhi)
1. The Manager, Stores & Purchases, Indian Airlines, New Engg. Complex, Sahar, Vile Parle (E), Bombay-400038 has filed an appeal being aggrieved from the order passed by the Collector of Customs (Appeals).The said appeal was received in the registry on the 26th December, 1990. In column No. 3, the date of communication has been mentioned as 5.10.1990. In terms of provisions of Sub-section 3 of the Section 129-A of the Customs Act, 1962 an appeal has to be filed within 3 months.Thus the present appeal before the Tribunal is within the stipulated period as well as within limitation. Shri S.N. Mathur, learned Consultant has appeared on behalf of the appellants and pleaded that the delay in the filing of the appeal is before the Collector (Appeals). Shri S.N. Mathur stated that the appeal was filed after a period of one year and 10 months from the date of the receipt of the order and Collector had dismissed the appeal being hit by limitation on the ground that he has no power to condo...
Bank of Maharashtra Vs. Racmann Auto (P) Ltd.
Court: Delhi
Decided on: Apr-10-1991
Reported in: AIR1991Delhi278
ORDER1. This is a suit for recovery of Rs. 3,29,193.61 p. The case of the plaintiff, in brief, is that the defendant on April 28, 1976, had requested the plaintiff's Branch at Faridabad to sanction Cash Credit Facility (Pledge) to the limit of Rs. 2,00,000/- and on the same date, the defendant had executed by way of collateral security a demand promissory note for the said amount and continuing security and agreement of pledge of goods. The said Cash Credit Facility was sanctioned and it was agreed that the defendant shall pay interest @ 71/2 % per annum over the bank rate with a minimum of 161/2 % per annum. It is the case of the plaintiff that on August 12, 1977, the defendant executed acknowledgment of balance due on that date to the tune of Rs. 2,03,441.40 p. and as defendant still failed to clear the debit a letter dated August 4, 1980 was issued by the plaintiff to the defendant for paying the amount due which the defendant failed to pay and hence, the present suit has been filed...
Charan Singh and anr. Vs. the State
Court: Delhi
Decided on: Apr-10-1991
Reported in: 44(1991)DLT728
Malik, J. (1) Charan Singh and Narayan Singh, two real brothers, appellants herein are aggrieved of their conviction and sentence passed by the learned Additional Sessions Judge on 16th of September, 1987. They were sentenced to life imprisonment under Section 302 Indian Penal Code . with the aid of Section 34 Indian Penal Code . and were also sentenced to three years rigorous imprisonment and the payment of Rs.3000.00 as fine each under Section 435 Indian Penal Code ., in default they are required to undergo six months rigorous imprisonment each. Both the sentence were, however, made to run concurrently. (2) The date of incident is 18th of February, 1983 at 3 A.M. The F.I.R. was recorded pursuant to a statement Ex. Public Witness 5/A made by the deceased Prem Kumar before Shri Jage Ram A.S.I. Public Witness . 17 in the hospital where he was admitted by his wife Mrs, Ranjana Kumari. The brief background is that the deceased was residing as a tenant in the house of the father of the app...
Indian Refrigeration Industries Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Apr-10-1991
Reported in: 44(1991)DLT552; [1991(63)FLR235]
M.C. Jain, C.J. (1) By this writ petition, the petitioner seeks to quash the recovery order (Annexure-I), impugned notice dated 25.2.1988 (Annexure XI), and impugned show cause notice dated 26th September, 1988 (Annexure XVII). (2) We may state a new relevant facts leading to the present writ petition. (3) There was an industrial dispute in connection with termination of 11 workmen and on reference of the dispute to the Addl. Industrial Tribunal No. 1, Delhi, an Award (Annexure II) dated 18th December, 1973 was given. The termination was held to be illegal and the 11 workmen were ordered to be reinstated with continuity of service with full back wages w.e.f. 9th January, 1971. It was also observed that, that would be without prejudice to such disciplinary action as the management may like to take against the six permanent workmen arising out of charges of misconduct framed against them. The Award was challenged by the present petitioner before this Court in C.W.P. No. 381/74 and this c...
Chairman and Managing Director, Punjab and Sind Bank and anr. Vs. Jasb ...
Court: Delhi
Decided on: Apr-10-1991
Reported in: ILR1991Delhi439; 1991LabIC2457
M.C. Jain, C.J.(1) This appeal is directed against the judgment of the learned Single Judge dated 14th December, 1984 whereby the respondent's writ petition was allowed and the order of his retirement dated 29-8-80 was quashed on the ground that on the material available, the Inquiry Officer was not justified in changing the entry recording the date of birth in the service record of the appellant bank. It was further directed that the respondent shall be deemed to be continuing in the service of the bank and he shall be entitled to all the consequential benefits.(2) We may state a few relevant facts giving rise to the writ petition.(3) The respondent Shri Jasbir Singh Dhillon in his writ petition challenged the validity of the order of the Punjab & Sind Bank. hereinafter referred to as the Bank (the present appellant) dated 29-8-80, whereby he was retired from service w.ef. 31-8-80. He entered into the service of the bank in 1954 a,s an Apprentice and was appointed as a Clerk in 1955. ...
Oswal Industries Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-09-1991
Reported in: (1991)(36)LC9Tri(Delhi)
1. This is an appeal against the order passed by the Additional Collector of Customs, Delhi. The facts of the case in brief are that the appellants filed Bill of Entry No. 253391 dated 16.9.1989 for the clearance of goods declared as "Circular Knitting Machines with all standard accessories". The value of the imported goods was declared as Rs. 34,36,704/- and they were claimed as covered by the Open General Licence in terms of Sr. No. 7(75) of Appendix I-B of the Import Policy for the period, April-March 1989-1991. Assessment of the goods was claimed under Heading No. 8447.11 of the Customs Tariff. On examination of the goods the Assistant Collector entertained the belief that certain items imported with the machine were assessable on merits under different Headings of the tariff and being covered by Appendix 2(B) of the relevant Import Policy, their import was in contravention of the Imports and Exports (Control) Act. The importers wrote two letters both dated 26th October, 1989 to t...
Geep Industrial Syndicate Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-09-1991
Reported in: (1991)LC365Tri(Delhi)
1. By the present application the applicants have made a prayer for dispensing with the pre-deposit of duty amount of Rs. 3,18,249-27. Shri V. Sridharan, learned advocate pleaded that the appellants manufacture Brass Shells, an intermediate product which are used in the manufacture of torch and pleaded that the shells are not liable to payment of central excise duty in view of the decision of the Supreme Court in the case of Union Carbide India Ltd. v. ACCE, reported in 1986 (24) ELT 289. Shri Sridharan argued that during the course of manufacture of Brass Shell an intermediate product brass scrap emerges while for the manufacture of Brass Shell the applicants had used the duty paid brass sheets and the scrap so emerged is exempt from duty in terms of Notification No. 33/81-C.E., dated 1-3-1981. He argued that the Additional Collector had adjudicated solely on the ground that the applicants had failed to take central excise licence for the manufacture of scrap. He argued that the appl...
Bakelite Hylam Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-09-1991
Reported in: (1991)LC293Tri(Delhi)
1. This is an appeal against Order-in Appeal No. 147/86(H)(D) dated 6-10-1986, passed by the Collector of Central Excise (Appeals), Madras, allowing the application filed under directions of the Collector of Central Excise, Hyderabad, under Section 35E(4) of the Central Excises and Salt Act, 1944 (hereinafter 'the Act', for short), against the Assistant Collector's order C. No. IV/16/SRP/38/84 VC. I dated 19-7-1985.2. The facts of the case, briefly stated, are that the appellants filed a classification list No. 13/85 on 12-2-1985 hi respect inter alia of maleic resins of various grades, marketed under the brand name of "Hylak Polyester Resins". It was claimed that these resins qualified for duty exemption in terms of Central Excise Notification No. 70/84 as maleic resins. In the earlier classification list of 28-4-1984, these resins were not shown as maleic resins but separately and as liable to duty in terms of Notification No. 241/82. After issue of a show cause notice and holding a...
Kesho Dass Vs. Union of India
Court: Delhi
Decided on: Apr-09-1991
Reported in: 44(1991)DLT375; 1991(21)DRJ25
J.K. Mehra, J. (1) This appeal was heard along with various other appeals relating to acquisition of land in village Khureji Khas. The Notification under Section 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, ie.. Planned Development of Delhi, while declaration under Section 6 was published on 18th March 1966.(2) Out of appellant's land acquired about 52 'bighas fell in the revenue estate of village Mandoli while 23 bighas 16 bids was fell in village Khureji Khas bearing Khasra Nos. 47/18, 47/23. 47/14/1, 47/14/2, 47/17 and 47/24. Compensation for the acquisition was determined vids Award No. 33/70-70-71 and paid. Aggrieved by the said Award various parties including the appellants sought a reference to Court which was disposed of by Shri H.KS. Malik, Addl. District Judge vide his judgment dated 8.9.78 whereby the amount awarded by the Land Acquisition Collector was enhanced from Rs. 11...
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