Delhi Court January 1992 Judgments
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Assam Asbestos Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-23-1992
Reported in: (1993)(63)ELT141TriDel
1. The dispute relates to the deduction of trade discount and freight from the price.2. The appellants manufacture asbestos cement products. They have filed price list No. 18/83-84 under Pt. I on 15-11-1983 effective from 1-12-1983. The Assistant Collector without issuing a show cause notice approved the price by disallowing the claim of the appellants for a deduction of trade discount and freight from the price. The appellants made a representation to the Assistant Collector to reconsider the decisions which was rejected by him by a speaking order. On appeal the Collector dismissed the same against which an appeal was filed to this Tribunal.3. This Tribunal disposed of this appeal as not maintainable against which a writ petition was filed in the High Court of Judicature, Calcutta. The Calcutta High Court allowed the writ petition and directed the Tribunal to dispose of the appeal on merits. Hence, the matter is before us.4. The main contention of the appellants is that the appellant...
Prem Nath Vs. Smt. Surendra Krishnan and State
Court: Delhi
Decided on: Jan-23-1992
Reported in: 1992CriLJ2581; 46(1992)DLT389; 1992(22)DRJ203
ORDER1. Shri S. B. S. Tiagi, Assistant Commissioner of Police, Shri Prem Nath, Inspector, former SHO Police Station Roshnara, Delhi, and ASI Mohan Singh have filed have petitions u/S. 482 of the Code of Criminal Procedure for quashing the criminal complaint u/Ss. 302/120B, IPC. These three petitions are disposed of by this judgment. In these petitions, it is also prayed that order of summoning passed by Shri J. M. Malik, Metropolitan Magistrate Delhi, dated 9th May, 1988 and the order of the learned Sessions Judge dated 9th June, 1989, (dismissing the criminal revision No. 121/88) be set aside. The complaint was filed before the court of Chief Metropolitan Magistrate, Tis Hazari by Smt. Surender Krishnan wife of Late Dr. P. G. Krishnan. The complainant is a practicing advocate in Delhi and wife of the deceased Dr. P. G. Krishnan, Professor of Law in the Delhi University, Delhi. 2. It is stated in the complaint that Late Dr. P. G. Krishnan was staying with his wife and 3 daughters at fi...
S.B.S. Tiagi Vs. Surendra Krishnan and State
Court: Delhi
Decided on: Jan-23-1992
Reported in: 1992(1)Crimes748; 46(1992)DLT389A; 1992(22)DRJ203A
Dalveer Bhandari, J. (1) Shri S.B.S.Tiagi, Assistant Commissioner of Police,. Shri Prem Nath, Inspecter, former Sho Police Station Roshnara, Delhi, and by Asi Mohan Singh have filed these petitions under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint under Sections 302/102-B, Indian Penal Code These three petitions are disposed of by this Judgment. In these petitions, it is also prayed that order of summoning passed by Shri J.M. Malik, Metropolitan Magistrate Delhi, dated 9th May, 1988 and the order of the learned Sessions Judge dated 9th June, 1989, (dismissing the criminal revision No.121/88) be set aside. The Complaint was filed before the court of Chief Metropolitan Magistrate, Tis Hazari by Smt.Surender Krishnan wife of Late Dr. P.G. Krishnan. The Complainant is a practicing advocate in Delhi and wife of the deceased Dr. P.G. Krishnan, Professor of law in the Delhi University, Delhi.(2) It is stated in the complaint that Late Dr. P.G. Krishnan wa...
Rajasthan Alloys and Steel Pvt. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-22-1992
Reported in: (1992)(42)LC287Tri(Delhi)
1. This stay application is filed by the applicants for waiver of pre-deposit of duty amounting to Rs. 3,32,816/- and stay of the recovery proceedings.2. Arguing for the applicants, Shri A.L. Mathur, learned Consultant, submitted that the appellants are engaged in the manufacture of Elastic Clips. The manufacturing process is that the duty paid rods are cut into pieces of required length and subjected to bending/forming process with the aid of Horizontal Power Press which gives U-shape to the steel rod pieces. The U-shape Steel rod pieces are thereafter again put Horizontal Power Press to give them another U-bend at different angles.The said pieces are then put into a verticle power process, which gives them the desired bending. In order to harden them and give them greater elasticity the said shaped steel rod pieces are subjected to heat treatment in an electric furnace at a pre-determined temperature. These are tested and supplied to the Railway department for use as elastic rail cl...
Sham Singh Bist Vs. Sushil Bhatia
Court: Delhi
Decided on: Jan-22-1992
Reported in: 46(1992)DLT460
S.C. Jain, J.(1) This revision petition has been filed challenging the order passed by the Addl. Rent Controller Shri Rakesh Kapoor on 20.3.90, whereby leave to defend the eviction petition was granted to the tenant respondent herein. As per the record. Sham Singh Bisht petitioner herein filed an eviction petition under Section 14 read with Section 25B of the Delhi Rent Control Act for the eviction of the respondent from the suit premises alleging himself to be the owner landlord of the premises. It has been alleged that these premises were let out to the respondent on 11.6.85 on a monthly rent of Rs. 250.00 and that it was agreed that after 11 months he would vacate these premises as the petitioner would require the same for his residence and for the residence of his family members. His father was working as Daftri and he along with his father was living in a Govt. accommodation which stood allotted to his father and that his father was due to retire on 31.12.89 when he would be vacat...
Arihant Agro Products Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-21-1992
Reported in: (1992)(42)LC289Tri(Delhi)
1. M/s. Arihant Agro Products Ltd., Hyderabad has filed an appeal being aggrieved from the order passed by the Collector of Customs (Appeals), Bombay. Simultaneously, a stay application duly supported with an affidavit has also been filed. Shri A.S. Sunder Rajan, learned Consultant has appeared on behalf of the applicants. He has pleaded that the applicants had imported Tetra Pak Rausing SA for Asceptic Packaging Machinery valued at Rs. 1,35,41,318/-CIF and Rs. 1,36,42,878/- assessable value for initial setting up of the plant and the Project was registered and the applicants claimed assessment under Heading 98.01 of the Customs Tariff Act read with Project Import Regulations 1986 and had also claimed the benefit of notification No.125/86-Cus. dated 17.2.1986. Shri Sunder Rajan pleaded that the whole import was under single Bill of Entry and the demand is at Rs. 47,75,007-30 and the goods had assessed provisionally. He pleaded that a show cause notice dated 24.11.1987 was issued and t...
Collector of Central Excise Vs. Reckitt and Colman of India Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-21-1992
Reported in: (1992)(42)LC38Tri(Delhi)
1. Collector of Central Excise, Calcutta-I, Collectorate Calcutta, has filed an appeal being aggrieved from the order passed by the Collector of Customs and Central Excise (Appeals), Calcutta. The said appeal was received in the Registry at Calcutta on 12th January, 1989. Thereafter, a miscellaneous application No. E/Misc./428/89-D was received in the Registry on 17th August, 1989 making a prayer for raising the following additional grounds of appeal: 1. Collector (Appeals) of Central Excise, Calcutta in his order in Appeal No. 122/Cal.-I/88 have classified 'Robinson's Patent Barley' under sub-heading No. 1101.90 in preference to sub-heading No. 1901.19. This classification is not correct in Law for the following reasons: (a) According to General Explanatory Note No. 1 to Rules for the interpretation of the Schedule, where the description of an article or group of articles under a heading is preceded by "-", the said article or group of articles shall be taken to be a sub-classificati...
Ekta Garments Vs. Swatantar Kaur and anr.
Court: Delhi
Decided on: Jan-21-1992
Reported in: 46(1992)DLT560; 1992(22)DRJ145; 1992RLR76
S.C. Jain, J. (1) This petition under Article 227 of the Constitution of India has been filed by Ekta Garments, hereinafter referred to as the petitioner challenging the order of the Rent Control Tribunal dated 14.2.1990 whereby the order of the Addl. Rent Controller dated 13.12.89 striking out the defense of the petitioner was confirmed and the appeal against that order was dismessed. (2) In brief, the facts of the case are that the Addl. Rent Controller passed an order under Section 15 of the Delhi Rent Control Act on 24.2.1987 directing the petitioner tenant to pay or deposit the arrears of rent w.e.f., 11.1.85 at the rate of Rs.240.00 per month. The arrears were to be paid within one month from the date of the order and future rent month by month by 15th of each succeeding month. The petitioner, as per the order of the court, paid a sum of Rs. 4080.00 as arrears of rent to the landlady but failed to pay or deposit rent for October, 1988 onwards in the court of the concerned Addl. R...
Asea Brown Boveri Ltd. Vs. Goindwal Steel Ltd.
Court: Delhi
Decided on: Jan-20-1992
Reported in: 1992(22)DRJ144
Mohd. Shamim, J.(1) This is a suit for the recovery of a sum of Rs. 9,73,687.79 together with pendente lite and future interest under Order 37 of the CPC. (2) Briefly stated the case of the plaintiff is that the defendant vide their letters dated January 24, 1986 and Jan.31,1986 placed orders for the supply of one electric arc melting furnace as per the terms and conditions contained in the letter dated January7,1986 Along with a cheque of Rs. 3,42,678.88 as advance. The plaintiff accepted the said order. Subsequently, the plaintiff supplied to the defendant the above-said furnace on September 30,1986. The erection and the commissioning of the said furnace was completed on June 22,1986. The plaintiff raised their invoices to the tune of Rs. 38,99,972/22 in respect of the above- said machine. The defendant from time to time paid a sum of Rs. 30,85,294.32. The defendant subsequently made a default in making the payment for the period from March 1,1987 onwards. The defendant ultimately pr...
B.L. Kapur Vs. Madan Lal Khurana
Court: Delhi
Decided on: Jan-20-1992
Reported in: 47(1992)DLT32
B.N. Kirpal, J.(1) The challenge in this writ petition is to the letter issued by respondent No. 1, who was the Chairman of the Governing Body of the Rajdhani College, New Delhi, whereby he had directed a senior teacher of that College to officiate as Principal of the College till the issue of re-employment of the petitioner as the Principal was decided by the Governing Body of the institution.(2) Briefly stated the facts are that Rajdhani College (respondent No.3) is an affiliated College of the Delhi University and every year members of its Governing Body are nominated. It is the Governing Body, with whose constitution we are not concerned in the present case, which takes decisions with regard to the employment and re-employment of teachers and Principals.(3) The petitioner had originally been appointed as a Principal of this College by the Governing Body on 5/08/1985. It is not in dispute that the age of superannuation of a teacher/principal is 60 years and accordingly the petitione...
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