Delhi Court September 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Deputy Commissioner of Vs. Cit Alcatel
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Sep-20-1993
Reported in: (1993)47ITD275(Delhi)
1. This is an appeal filed by the revenue against an order passed by the Commissioner of Income-tax (Appeals) XVI, Delhi deleting the additions made by the IAC (Assessment).2. A perusal of the order of the CIT(A) would convince anyone reasonably instructed as to the elementary principles and the provisions of the Income-tax Law that it is a well reasoned and well authenticated order. Be that as it may since the department felt aggrieved by the conclusions reached by the CIT we have to delve deep into the facts of the case, consider the arguments addressed to us and express our views thereon. But our temptation to reproduce the orders passed by the CIT at places is so intense that we cannot avoid it.3. The assessee is a non-resident French company having extensive experience, know-how in the manufacture of Tele-communication systems.The Government of India entered into different Agreements with the assessee company for the development and manufacture of electronic digital telephone swi...
Kali Charan Sharma and ors. Vs. the New Okhla Industrial Development A ...
Court: Delhi
Decided on: Sep-20-1993
Reported in: 1993IVAD(Delhi)1041; 1994(2)ARBLR380(Delhi); 1994(28)DRJ70
Sat Pal, J. (1) This is a petition filed by Shri Kali Charan Sharma (hereinafter referred to as 'the Contractor') under section 14 of the Arbitration Act, 1940 (for short called 'theAct'). In this petition it has been prayed that respondent No.2. the sole arbitrator in the case be directed to file the original award Along with proceedings and after filing of the award and proceedings, the notice of filing of the award be given to the parties. (2) On receipt of the award, the notice of filing of the award was accepted by the Contractor in the Court on 22nd August, 1986 and the said notice was served on New Okhla Industrial Development Authority (for short called 'NOIDA'), respondent No. 1, on 19th September, 1986. The Contractor filed is No-5343/86 containing objections to the award within the stipulated period and he confined his objections only in respect of claim No.5 where he was denied pendente lite and future interest by the arbitrator (3) Noida filed its reply to the objections a...
Ashrafi Devi Vs. Devi Singh
Court: Delhi
Decided on: Sep-20-1993
Reported in: (1993)105PLR15; 1993RLR572
V.B. Bansal, J.(1) [ED. facts : Plaintiffs sued Deft. for possession of land and building in suit alleging that their predecessor, Shiv Charan had bought 200 sq. yds. by sale deed dt. 20.1.62 and adjacent 320 sq. yds by another sale deed and after death of Shiv Charan on 8.8.71, plaintiffs as heirs became owners. They pleaded that deft. had illegally occupied the property about 3 years back and built a room. Deft. denied ownership of plaintiffs and of Shiv Charan and contended himself to be owner and in the alternative owner by adverse possession. Trial Court held that plaintiffs had failed to prove ownership and also held that Deft. had not established his adverse possession. Plaintiffs filed appeal before Distt. Judge and also applied for giving additional evidence (sale deeds) to establish their ownership. Deft. opposed this. Adj dismissed the application and plaintiffs filed revision against this.] After detailing above, decision is :- (2) A bare reading of 0. 41, R. 27, Cpc makes ...
Parvesh Rani Vs. Raj Kishan
Court: Delhi
Decided on: Sep-20-1993
Reported in: I(1995)DMC503
V.B. Bansal, J.1. Smt. Parvesh Rani has filed the revision petition against the order dated 14.7.1992 of Shri K.P. Verma, Additional District Judge, Delhi vide which her application under Order IV Rule 7 read with Section 151, Civil Procedure Code, for amendment of the written statement in a petition for divorce by her husband, Raj Kishan, respondent herein has been dismissed.2. Smt. Parvesh Rani (hereinafter referred to as 'the wife') filed a petition for divorce against Raj Kishan, respondent (hereinafter referred to as 'the husband') for dissolution of marriage by a decree of divorce on the grounds of cruelty Under Section 13(1)(i-a) of the Hindu Marriage Act (for short 'the Act'). This petition was filed on 6.5.1983. In pursuance of a notice issued by the Court the husband appeared to contest the proceedings. The petitioner came up before the Court on 8.7.83 when the wife withdrew her petition for divorce. However, the husband filed a reply-cum-counter claim in the said petition se...
Bottling Co. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-19-1993
Reported in: (1996)(81)ELT226TriDel
2. The issue involved in this case is regarding the admissibility of Modivation glass bottle for aerated waters, which were not received in their original packing as the same were received by the Aerated Water manufacturing after printing of the brand name.3. It was submitted by the learned Advocate that the Board had issued a Circular dated 3-9-1992 clarifying that the Modvat credit should not be denied on the above ground.5. Considered. The issue involved is covered by the Board's Circular (supra). Both the orders of lower authorities were passed prior to the issue of said circular, in the interest of justice the matter is remanded to the Assistant Collector for de novo consideration inter alia in the light of the said circular after following the principles of natural justice after considering gate passes and other documents that may be produced....
indexpo International (P) Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-1993
Reported in: (1994)(74)ELT959TriDel
1. Heard both sides on merits with the consent of both sides. At the outset it was claimed by the ld. Advocate that the case was adjudicated after 14-5-1992 and it involved an allegation of fraud and hence in terms of Board's Circular No. 3/92, dated 14-5-1992, such S.C.N.(s) were to be adjudicated by the Collector, whether the period involved' was within six months or involved the longer period of Five years. He therefore stated that the order of Addl. Collector was without jurisdiction. Since after 14-5-1992, Addl. Collector was not "Collector".2. Learned SDR conceded the point. The appeal is accordingly allowed by way of remand and the case is remanded to the Collector for de nova adjudication in accordance with law and after following the principles of natural justice....
Machino Plastics Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-1993
Reported in: (1993)(68)ELT782TriDel
1. Since the issue involved is common in these two cases, they are clubbed together and are being disposed of by this common order.2. The dispute relates to payment of freight charges. The appellants had imported goods, viz., polypropylene from M/s. Sunitomo Corporation, Japan. The goods were invoiced by the suppliers on F.O.B. basis. There has been difference in between the declared freight charges and the freight shown in the Bills of lading. Since freight declared is less than the freight as per Bill of lading CIF value was worked out by adding the freight shown in the Bill of lading. It was claimed by the appellants that CIF value should be worked out by adding actual freight incurred by them to the F.O.B. and in this case freight incurred by them at the rate of U.S. $ 1450 per 20 ft. container which was inclusive of ocean freight and the other port charges prevailing on date as per Contract dated 5-8-1991 entered into between them and the United Liner Agencies of India Pvt. Ltd.,...
State Vs. Mahinder Singh
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1994CriLJ841; 52(1993)DLT318; ILR1994Delhi299
ORDER1. By this petition moved under S. 439(2) read with S. 482 of the Code of Criminal Procedure, the State seeks cancellation of bail granted to the respondent by the order of the learned Additional Sessions Judge dated April 28, 1993. When the petition came up for admission, R. L. Gupta, J., suspended the operation of the order of learned Additional Sessions Judge enlarging the respondent on bail. 2. The prosecution story is that on January 10, 1993 the accused namely, Mange Ram, Yashvinder Singh and Mohinder Singh committed the murder of Ravinder @ Tiger, resident of Village Devali by inflicting injuries on his person with hockey sticks and a Lathi. 3. On January 11, 1993, body of the deceased Ravinder alias Tiger was found in an open plot located in Sangam Vihar. On the same day the statements of two persons, namely, Sham Singh and Raj Dhan, were recorded by the police under S. 161 of the Code of Criminal Procedure, according to which they allegedly saw the deceased in the company...
Jayshree Ravi and anr. Vs. University of Delhi and anr.
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1993IIIAD(Delhi)889; 53(1994)DLT801
Vijender Jain, J. (1) Mr. P.P. Malhotra, Sr. Advocate with Mr. R.K. Saini, Adv. This is a petition by the petitioners who secured 47.75 per cent marks and 46 per cent marks respectively in their graduate examination conducted by the University of Delhi. The respondent. Faculty of Law, University of Delhi issued an advertisement declaring that admission to the LL.B. three years degree course for the academic year 1992-93 would be on the basis of Cw 2603/92 entrance test conducted by the respondents. Advertisement further said that the test was open only to the candidates who had passed Master/B.A. Degree examination securing at least 50 per cent marks in the aggregate. Subsequently, date for receipt of application and the date of entrance examination was changed to 2nd August, 1992. The petitioners submitted their application forms and they further contended that eligibility of 50 per cent marks for appearing in the entrance examination was illegal, arbitrary and irrational. By virtue o...
ishwar Singh Vs. State (Delhi) Administration
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1993IVAD(Delhi)1; 1993(3)Crimes699; 1993(27)DRJ351
Y.K. Sabharwal, J.(1) Ishwar Singh, the petitioner and one Mangat Ram were charged for an offence under Section 302 read with Section 34 of the Indian Penal Code. They were tried together. Mangat Ram was acquitted. Ishwar Singh was, however, convicted and sentenced to imprisonment for life by court of Session and Cr.A-94 of 1982 filed by him was dismissed by this Court on 26th April 1984. The Special Leave Petition of Ishwar Singh was dismissed by Supreme Court on 14th September, 1984.(2) After having already served the sentence for about 12 years, this writ petition under Article 226 and 227 of the Constitution of India has been filed by Ishwar Singh claiming that since at the time of commission of the offence he was a 'child' within the meaning of Section 2(e) of the Children Act, 1960 ( for short 'the Act') he could not, in view of Section 24 of the Act, be charged with and tried together with a person who was not a 'child' and that his rial and consequent conviction and sentence wa...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- 8
- 9
- 10
- Next ›
- Last »