Delhi Court January 1994 Judgments
Home Cases Delhi 1994 Page 6 of about 100 results (0.020 seconds)Puja International Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1995)(76)ELT69TriDel
1. The first three appeals are filed by the M/s. Puja International and its partners and remaining appeal No. C/2344/91-A is filed by the department against the common impugned order dt. 19-6-1990 passed by the Additional Collector of Customs, New Delhi.2. Hence these appeals are clubbed together and are being disposed of by this common order.3. These appeals involved question having a relation to the value of the goods for the purpose of assessment and dispute is in respect of valuation. M/s. Puja International imported from Singapore a consignment of 320 pieces of tube & fin type of cooling coils with expansion valve and 600 pieces of 12 volts D.C. motors for car air conditioners. In the bill of entry the value declared by them was at Singapore $ 25 per piece for cooling coils with expansion valve and Singapore $ 18 per piece for motor. According to the department the value declared by them for the goods was very low. It was ascertained that in case of import of cooling unit ass...
Tag this Judgment!Shri Ram Hari Ram Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Delhi
Reported in: (1994)48ITD175(Delhi)
1. The assessee, a firm, carrying on the business of jewellery has filed this appeal and has raised the issue of liability of loss of Rs. 36 lakhs worth of jewellery which were stolen from the shop and some minor issues like disallowance of car expenses for personal usage and non-allowing of deduction for donation.2. Shri C. S. Aggarwal, learned counsel for the assessee, submitted that the shop of the assessee which is located in the busy business area of Chandni Chowk at Dariba Kalan, was broken into by some miscreants on the night of February 1, 1981, which was brought to the notice of the partners of the firm on the next morning when some passers-by saw the locks of the shop broken and the shutters of the shop slightly open. The police were called and an inventory of the stocks was also taken. The inventory of the stock so taken indicated that gold ornaments weighing 22,440.400 gms valued at Rs. 36 lakhs were found missing. The assessee had lodged their report immediately on arrivi...
Tag this Judgment!M/s. Caprihans India Ltd. Vs. M/s. Mey's Pharmaceuticals (P) Ltd.
Court: Delhi
Reported in: (1994)107PLR69
ORDER1. M/s. Caprihans India Ltd. filed a petition for winding up against M/s. Mey's Pharmaceutical Pvt. Ltd. (hereinafter called the company), under Ss. 433, 434 read with S.439 of the Companies Act, 1956 (hereinafter called the Act). Facts in brief are that the petitioner is carrying on business of manufacturing and supplying of Sunblis Thermoforming Foils which is used in pharmaceutical trade. The company placed order for the supply of Sunblis Rigid PVC Thermoforming Foil of different specifications to the petitioner. Petitioner supplied the material as ordered and raised various invoices of the company for payment amounting to Rs. 48,815.95 P. The company in response to those three invoices issued three cheques bearing No. 037276 dated 22-7-90 for Rs. 21,526.03 P., drawn on Allahabad Bank and cheques Nos. 037398 and 037465 dated 30-8-90 and 1-11-90 for Rs. 7,687.87 P. and Rs. 3,000/- respectively, drawn on the same bank. The said cheques upon presentation were dishonoured with the ...
Tag this Judgment!S.S. Jetly Vs. Delhi Development Authority and ors.
Court: Delhi
Reported in: 1994IAD(Delhi)365; 1994(1)ARBLR273(Delhi); 53(1994)DLT709
Mohd. Sharnim, J. (1) This is a petition under Section 14(2) of the Arbitration Act for issue of a direction to respondent No. 3, arbitrator, to file the award and to deal with the same in accordance with law. (2) The parties to the present proceedings entered into a contract for the construction of 28 Category -II, 14 category -1, houses and 28 scooter garages under self financing scheme near Niti Bagh and executed agreement No. 13/H/D/VIII/ 81-82 in connection therewith. The petitioner herein raised certain disputes and invoked the arbitration clause 25 of the agreement and requested the Engineer Member of the respondent to appoint an arbitrator. The Engineer Member thereupon appointed Shri Banarsi Dass, Superintending Engineer as an arbitrator in the present case. He entered the reference on January 3, 1985. (3) The arbitrator filed his award on March 29,1989. Notices of the filing of the award were issued to both the parties. The respondent Dda on receipt of the notice chose to fil...
Tag this Judgment!Misrilal Dharamchand (P) Ltd. Vs. Union of India and anr.
Court: Delhi
Reported in: 53(1994)DLT364; 1994(28)DRJ317
Anil Dev Singh, J.(1) The facts leading to this petition are as under:- the petitioner, which is a Private Limited Company, filed an application on June 13, 1959 for the grant of a prospecting license for Lime Stone and dolomite over an area of 6 sq. miles in village Gosguda Sunder Garh, District(Orissa). This application remained pending with the State Government without any tangible result. Under Rule 11 of the Mineral Concession Rules, 1960 (tor short 'Rules') the State Government was required to dispose of the application within a period of 12 months, failing which it was to be deemed to have been rejected. The petitioner filed a revision petition before the Central Government which was also rejected on March 17, 1962.This order of the Central Government was successfully challenged by the petitioner in a writ petition preferred before this Court. While accepting the writ petition on November 9, 1971, the order of the Central Government dated, March 17, 1962 was set aside and the Ce...
Tag this Judgment!Ved Prakash Vs. the State (Central Bureau of Investigation)
Court: Delhi
Reported in: 1994IAD(Delhi)357; 54(1994)DLT454; 1994(30)DRJ159
Jaspal Singh, J. (1) The dispute revolves around the interpretation of section 325 of the Code of Criminal Procedure. It arises in the following background.(2) On March 28, 1987 the present petitioner was acquitted on a charge under section 477A of the Indian Penal Code but convicted under section 409 of the Code. However, by a separate order passed on the same day, the learned Metropolitan Magistrate submitted the proceedings, and forwarded the petitioner to the Chief Metropolitan Magistrate holding that he ought to receive a punishment more sever than that which he was empowered to inflict. Aggrieved by it, the petitioner preferred an appeal before the Court of Sessions. The appeal, however, was dismissed holding that as the Magistrate had acted under section 325(1) of the Code, the order of conviction was 'simply an opinion' about the guilt of the accused and as such did not 'amount to an order of conviction.'. Hence this revision petition.(3) With the background as front lined in t...
Tag this Judgment!Nusrat HussaIn Vs. State
Court: Delhi
Reported in: 1994IAD(Delhi)697; 55(1994)DLT373
Jaspal Singh, J. (1) The petitioner, who claims himself to bean Ex-Member of Parliament, is alleged to have committed offences punishable under Sections 342/386/377 of the Indian Penal Code. He is seeking anticipatory bail.(2) The investigation is still going on. The learned Counsel for the State has taken me through the statement of the complainant and so also to the statements of some of the witnesses who have been examined under Section 161 of the Code of Criminal Procedure. I need not go deep into what they have said. The complainant says that he is the owner-landlord of property No. 90 situate at Poorvi Marg, VasantVihar, New Delhi and that since he was keen to dispose of the same, the accused/petitioner took advantage of the same, entered into some agreement of sale, took substantial part of the advance money himself and grabbed it. He alleges that he was kept in confinement with men keeping surveillance over him and wasthreatened, beaten and compelled to sign on certain document...
Tag this Judgment!Council of Scientific and Industrial Research Vs. Overseas Water Proof ...
Court: Delhi
Reported in: 1994(1)ARBLR184(Delhi); 53(1994)DLT271
Sat Pal, J. (1) This is a petition filed on behalf of the petitioner under Sections 14 and 17 of the Arbitration Act, 1940 and in this petition it has been prayed that the award dated 26/04/1985 be made a rule of the Court and interest at the rate of 18% per annum be awarded. Notice of filing of the award was issued to the parties and thereafter objections were filed on behalf of respondent No. 1. The following issues were framed:- S.No.1013-A/85.(I)Whether the award is liable to be.set aside on the grounds mentioned in the objections?(ii) Relief. On the same date the Objector was directed to file affidavit in support of the objections within six weeks and non-Objector was directed to file the counter affidavit within six weeks thereafter. Pursuant to this order affidavit and counter affidavit have been filed. (2) Mr. Sharma, learned Counsel for the Objector has confined his argument to the objections made in paras 9 and 10 of the objection petition. Learned Counsel submitted that the ...
Tag this Judgment!Management of Baldev Soap Factory Vs. Delhi Administration and ors.
Court: Delhi
Reported in: 57(1995)DLT719; (1995)IILLJ376Del
C.M. Nayar, J. (1) The present writ petition impugns the Award dated 24/02/1976, passed by the Presiding Officer, Additional Labour Court,Delhi.(2) By Notification No. F.24(278)/72-Lab./17751 dated 23/06/1972, the Lt.Governor of Delhi referred under Sections 10(l)(c) and 12(5) of the Industrial Disputes Act, 1947, an industrial dispute existing between the management of the petitioner and its workmen to the Court for adjudication. The terms of reference can be reproduced as follows:whether the following workmen are entitled to reinstatement with full backwages, and continuity of service; and if so, to what relief are they entitled and what directions are necessary in this respect?'1. Shri Chandip Ram 2. Shri Ram Kumar3. Shri Khairati Ram 4. Shri Murat Ram5. Shri Shankar Ram 6. Shri Sudheshi Ram7. Shri Sobhit Ram 8. Shri Ram9. Shri Ram Narain(3) One of the workmen Shri Sobhit Ram, who figures at Seriall No. 7 above, died on 3/01/1984, as stated in the application moved before this Court...
Tag this Judgment!Jagdish Kumar Vs. State
Court: Delhi
Reported in: 1994IAD(Delhi)310; 53(1994)DLT242; 1994(29)DRJ144
V.B. Bansal, J. (1) Jagdish Kumar has moved this application for bail for offence under Section 302/307/323/452/506 read with Section 34 Ipc, in Fir No.301 /93, Police Station Ambedkar Nagar. This application relates to an incident which took place on 4.8.93 at about 10.30 pm. in which injuries were sustained by Nirrnal, resulting in his death on 5.8.93. Injuries were also inflicted on Surinder Kumar and Smt.Suman. (2) First Information Report was recorded on 5.8.93 at 1.30 am. on the basis of the statement of Munish Kumar. It was inter alias stated by him that he was residing with his family in house No.4-458, Gali No.7, Sangam Vihar, New Delhi, and during day time an altercation took place between his wife, Sudha, and tenant, Smt.Rani Devi, when Rani Devi had given threat to his wife that she would be dealt with during night and at about 9.00 pm. he came back from his house and was lying on the cot when brother of Rani Devi Along with four persons, viz. Davender, who was armed with S...
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