Delhi Court September 1993 Judgments
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Delhi Transport Corporation Vs. Ved Wati and ors.
Court: Delhi
Decided on: Sep-13-1993
Reported in: II(1993)ACC577; 1993ACJ1249; 1993IIIAD(Delhi)817; 52(1993)DLT1; 1993(27)DRJ279
V.B. Bansal, J. (1) By this judgment, I will dispose of F.A.O. 1 10/83, Delhi Transport Corporation Versus Smt. Ved Wati & Others and F.A.O. 136/83, Smt. Ved Wati & Others versus Chattar Sain & Others, since they arise out of the same judgment dated 20.2.1983 of Shri O.P. Dwivedi, Judge, Motor Accident Claims Tribunal, Delhi, and so can be disposed of together conveniently. (2) Smt. Ved Wati and others have prayed for the enhancement of the compensation, awarded by the learned Judged Motor Accident Claims Tribunal to Rs.6,62,000.00 , and to enhance the rate of interest to 12% from 9%, allowed by the Tribunal. Delhi Transport Corporation has, on the other hand, prayed that the appeal be accepted and the judgment and award in question be set aside. (3) Dr. Narender Kumar, a resident of House No. 3398, Gali Peepal Mahadev, Hauz Kazi, Delhi, was employed as a Homeopath in the Municipal Corporation of Delhi and was drawing a salary of Rs.1604.40 paise per month. He was born on3.5.1938 and w...
Bhagwana Vs. Union of India
Court: Delhi
Decided on: Sep-13-1993
Reported in: 54(1994)DLT87; 1993(27)DRJ322
B.N. Kirpal, J.(1) The petitioner was a person who owned land in Village Pootkalan. His land was acquired by issuance of notifications under Sections 4 and 6 of the Land Acquisition Act for the planned development of Delhi.(2) The petitioner put forth his claim for allotment of an alternative plot of land. The Delhi Administration recommended that a plot measuring 250 sq.yards be allotted to the petitioner in the North Zone. (3) The contention of the petitioner in this writ petition is that he is entitled to a developed plot of 250 sq. yards in the North Zone, preferably in Rohini Residential Scheme or in Pitam Pura Residential Scheme or in Prashant Vihar Residential Scheme at the price prevailing in 1987-88 which had been fixed. The petitioner is also claiming, in the alternative, a plot of land out of the plots which were proposed to be auctioned by the respondent in Rohini. (4) It was submitted by the learned counsel for the petitioner that the petitioner has aright for allotment of...
Delhi Transport Corporation Vs. Leelawanti and ors.
Court: Delhi
Decided on: Sep-13-1993
Reported in: I(1995)ACC330
P.K. Bahri, J.1. This appeal is brought by Delhi Transport Corporation against Order dated 25.5.1981 of the Motor Accidents Claims Tribunal by which it has awarded Rs. 50,000/- to the claimants along with interest at the rate of 6 per cent per annum from the date of the award till realisation.2. The only question which has been argued before me by learned Counsel for the appellant is that the finding of the Tribunal that the accident had occurred on account of rash and negligent driving of the driver of the bus of the appellant is not correct. She has argued that the only star-witness of the claimants, P.W. 2, Sham Lai, had turned hostile while giving testimony in the criminal Court where the driver of the bus was prosecuted and thus no reliance could have been placed on his testimony given before the Tribunal.3. It has been contended on behalf of the respondents that the testimony given in the criminal Court is not to be taken note of and particularly when Sham Lai was not confronted ...
Municipal Corporation of Delhi Vs. Nand Rani
Court: Delhi
Decided on: Sep-13-1993
Reported in: I(1994)ACC388; 1994ACJ321; (1993)105PLR81
P.K. Bahri, J. 1. By this order I will dispose of the appeal as well as the cross-objections.2. Vide order dated January 31, 1981, the Motor Accident Claims Tribunal had awarded Rs. 23,000/- as compensation to respondent No. 1, the mother of the deceased, with interest at the rate of 6% per annum from the date of the filing of the claim petition till payment.3. In the appeal filed by the Municipal Corporation of Delhi, the learned Counsel for the appellant has vehemently argued that the finding of the Tribunal that the accident had taken place on account of rash and negligent driving of the vehicle of the Corporation by its driver Randhir Singh is not correct in accordance with the record.4. Facts of the case, in brief, are that on July 10, 1973, at about 9.30 P.M., Har Bhagwan Mehra, a young boy aged about 28 years, was in the process of crossing the Jawahar Lal Nehru Marg from the side of Delite Cinema and was crossing the road in front of the main gate of Irwin Hospital that this tr...
Delhi Admn. and anr. Vs. Dayawanti and ors.
Court: Delhi
Decided on: Sep-13-1993
Reported in: I(1994)ACC237; (1994)107PLR39
P.K. Bhari, J.1. This appeal is directed against the order of the Motor Accident Claims Tribunal dated February 28, 1981, awarding Rs. 33,960/- as compensation to the claimants.2. Only on one point the order is challenged i.e. the Tribunal was legally not right in reaching the finding that the accident had occurred due to rash and negligent driving of Sh. Ishwar Singh, driver, who was employed with Delhi Police at the relevant time. Admittedly, on June 18, 1976, at about 11.50 p.m. when the deceased Mohan Lal Grover, who was aged about 50 years, was crossing the West Patel Nagar Road for going to his house that the police van bearing registration No. DHA 6922 being driven by Constable Ishwar Singh is stated to have come at a very high speed and struck against the deceased when he had already crossed a major portion of the road.3. In order to prove that the accident was caused due to rash and negligent driving of the said constable, the claimants examined two witnesses, namely, Rattan L...
K.K. Jewellers Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-11-1993
Reported in: (1995)LC424Tri(Delhi)
1. This is an appeal against the order-in-original No. 2/88, dated 9-2-1988 passed by Shri B.P. Verma, I.R.S., said to be Collector of Central Excise, "Adjudication", New Delhi with reference to Gold (Control) Act, 1968.2. Initially, the learned Counsel had argued that the order-in-original had abated in view of the repeal of the Gold (Control) Act. But subsequently in view of the Larger Bench decision of this Tribunal, he did not press this point further and instead he raised a point regarding jurisdiction and authority of the adjudicating officer, Shri B.P. Verma.3. He stated that adjudicating officer, Shri B.P. Verma was Director of Publications when he heard the matter and passed this order and he was not the Collector of Central Excise, (Adjudication) as mentioned in the order. He drew attention to Notification No. 464/86-C.E., dated 9-12-1986 and C.B.E.C's order No. 208/27/86-EX. 6, dated 9-12-1986 in this connection and stated that this Notification vests the power of Collector...
Collector of Central Excise Vs. Kwality Silk Mills
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-10-1993
Reported in: (1999)(112)ELT1033TriDel
1. This application is filed by the department requesting to condone delay in filing the appeal. There is delay of 13 days in filing the appeal. It was explained by the learned departmental representative that the impugned order dated 8-9-1992, was received, in the office of the Collector on 24-9-1992. The appeal was to be filed on or before 23-12-1993. It was explained that the appeal could not be filed in time because of the fact that the city Surat remained under curfew from 7-12-1992 to 20-12-1992 and further, night curfew continued till 21st December, 1992. Since office premises are situated in sensitive chowk area, office functioning did not normalise till 31st December, 1992, and it was explained by the learned SDR, A.K. Singhal that concerned person who was dealing with this file was unable to attend due to disturbed condition.2. Shri Jitender Singh, learned Counsel, appearing for the respondents, while opposing COD application, submitted that it is not correct to say that the...
Steel Castings (P) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-10-1993
Reported in: (1995)(75)ELT879TriDel
1. This is an appeal against the order dated 31st July, 1991 passed by the Collector (Appeals). The appellants are engaged in the manufacture of Steel Castings and C.I. Castings both machined and unmachined for goods falling under Chapters 73, 84, 85, 86 and 87 of the Schedule to the Central Excise Tariff Act, 1985. The appellants filed a classification list effective from 23-6-1988 claiming classification of steel castings of different shapes and sizes under Heading 7325.90 attracting duty @ Rs. 365/- MT, and Iron Castings under Heading 7325.10 attracting 'nil' rate of duty. In these classification lists the appellants claimed assessment of unmachined cast articles of iron and steel designed for use as parts of machinery falling under Chapters 84 to 87 @ Rs. 500/- MT + 5%. The appellants filed another classification list effective from 4-11-1988 in which they claimed classification of different unmachined Iron Castings under Chapters 73, 84 to 87 @ 'Nil' rate of duty in terms of Noti...
Rajasthan Mining and Allied Vs. Collr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-10-1993
Reported in: (1994)(69)ELT264TriDel
1. M/s. Rajasthan Mining & Allied Industries, Makrana (Rajasthan), have filed an appeal being aggrieved from the order passed by the Additional Collector of Central Excise, Jaipur. The said appeal was presented in the Registry on the 18th day of May, 1989. An application for admission of additional evidence which has been listed as Miscellaneous application No. 1665/92-C, dated 7-12-1992 duly supported with an affidavit sworn before Notary Public was presented in the Registry on 8th December, 1992. Shri Lachman Dev, the learned consultant along with Shri B.B. Gujral, the learned advocate, has appeared on behalf of the appellants. The appellants, along with the appeal memo had also filed a paper book running into 160 pages and 2 additional paper books pertaining to gate passes and RT12 returns were also filed. The matter had come up for hearing on 3-11-1992 and on that day Shri Lachman Dev, the learned Consultant and Shri B.B. Gujral the learned Advocate had appeared on behalf of t...
State Bank of India Vs. P.K. Sethi and ors.
Court: Delhi
Decided on: Sep-10-1993
Reported in: 1994IIAD(Delhi)129; 54(1994)DLT659; (1994)107PLR46
P.N. Nag, J. (1) This is a suit for recovery of Rs. 1,73,508.87 by the plaintiff from the defendants.(2) Counsel for the plaintiff, under instructions from the plainriff-Bank, states that during the pendency of the suit the defendants have paid the aforesaid amount of Rs. 1,73,508.87 claimed in the suit to the plaintiff-Bank and only the question regarding pendente lite interest is to be considered now in this suit. According toher, the plaintiff-Bank may be awarded interest as prayed for in the suit, viz., 12.5%p.a. with quarterly rest from the date of institution of suit till the aforesaid amount of Rs. 1,73,508.87 was paid to the plaintiff-Bank.(3) Learned Counsel for the defendants, however, submits that since the defendants have paid the suit amount claimed by the plaintiff voluntarily during the pendency of the suit itself, thereforee, the Court may take a lenient view while awarding pendente lite interest. He submits that the Court may grant rate of pendente lite simple interest...
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