Delhi Court November 1994 Judgments
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Siddha Raj Dhadda and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-10-1994
Reported in: 1994IVAD(Delhi)1003; 1995(32)DRJ216
D.P. Wadhwa, J.(1) This petition under Article 226 of the Constitution has filed as a public interest litigation praying for a writ of certiorari or any other appropriate writ, order or direction (1) to quash the concurrence, if any, granted by the Central Electricity Authority to the scheme of seven projects of foreign firms for establishment of power plants without following the procedure as prescribed under the Electricity Supply Act,1948 (for short the act) (2) for quashing the guarantees, if any, given by the State Governments concerned infamous of the foreign companies sponsoring the said projects in the five States being vocative of section 66 of the Act as well as being repugnant to the provision of the Constitutional; and (3) for quashing the guarantees and/or counter guarantees if already given and also praying that the respondents States and the Union of India be prohibited from giving such guarantees in respect of Power Purchase Agreements sought to be entered into by the r...
Shri Arun Kumar Vohra Vs. Mrs. Ritu Vohra and anr.
Court: Delhi
Decided on: Nov-10-1994
Reported in: 56(1994)DLT429
Dalveer Bhandari, J. 1. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the FIR under Section 307/34 read with Section 498-A/324, IPC and proceedings pending before the concerned Additional Sessions Judge. The complainant in this case is Ritu Vohra wife of the petitioner Arun Kumar Vohra. The petitioner was married to the respondent in the year 1981 and two children were born from the wedlock. It is mentioned in the petition that the petitioner and respondent are educated and belong to respectable families and they do not want to indulge in any prolonged litigation and mud-slinging which would psychologically upset the minds of their children and their parents and they want to settle their differences in a decent manner. It is further mentioned in the petition that some of the offences are non-compoundable in nature so they have sought indulgence of this Court for quashing the FIR. The petitioner and the respondent have also appeared in Cou...
Birla Jute and Industries Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-09-1994
Reported in: (1995)LC465Tri(Delhi)
1. M/s. Birla Jute & Industries Limited (Satna Cement Works Steel Foundary), Satna (Madhya Pradesh), have filed the present appeal against the order, dated 1-12-1992, passed by the Collector of Central Excise, Raipur (M.P.).2. The appellants were engaged in the manufacture of articles of iron and steel. They were bringing into their factory, 'dolomite', and processed it into burnt dolomite (calcined dolomite), for captive consumption. The Collector of Central Excise, Raipur observed that the assessee had suppressed the facts. He confirmed a demand of Rs. 18,231/- for the period 20-3-1990 to December, 1990, and imposed a penalty of Rs. 10,000/- under Rule 173Q of the Central Excise Rules, 1944 (hereinafter referred to as the 'Rules').3. The matter was posted for hearing on 9-9-1994 when Shri Y.N. Chopra, Consultant appeared for the appellant Shri Sharad Bhansali, SDR, represented the respondent.4. Shri Y.N. Chopra, the learned Consultant stated that the demand in this case was time...
Balbir Singh Narula Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Nov-09-1994
Reported in: (1995)53ITD88(Delhi)
1. This appeal by the assessee is directed against the order of the CIT(A)-VIII, New Delhi dated 7-11-1988.2. First four grounds of appeal are relating to the addition of Rs. 1,50,000 made by the Assessing Officer and confirmed by the CIT(A) towards unexplained expenses on marriage of assessee's daughter.3. The facts of the case in brief are that the appellant is an individual. He is Managing Director of D.S. Construction Pvt. Ltd. His daughter Miss Ritu Narula was married on 16-4-1984. No expenses on marriage were accounted for by the appellant. The only amount shown to have been debited in books is Rs, 83,304.60 being payment made to Hotel Taj, debited to account of Shri D.S. Narula (father of the assessee) in the books of M/s. D.S. Construction Ltd. During the course of assessment proceedings the Assessing Officer raised the query with regard to marriage expenses. The Assessing Officer not being satisfied with the explanation of the assessee made addition of Rs. 1,50,000, observing...
B.M.C. Spinners (Pvt.) Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-08-1994
Reported in: (1994)(74)ELT956TriDel
1. The above appeals arise out of different adjudication orders passed by the Additional Collector of Customs, Calcutta confiscating pre-mutilated synthetic rags imported by the appellants with option to redeem the same on payment of redemption fine and imposing penalties on the appellants on the ground of contravention of ITC Public Notice No.122/89 and ITC Order No. 52/89, both dated 28-4-1989 restricting the import of the subject goods only through the Ports of Bombay and Delhi ICD. Details of the bills are as under :--------------------------------------------------------------------Appeal No. GIF Value Redemption Penalty Fine-------------------------------------------------------------------- Rs. Rs. Rs.C/2899/90 1,60,851 1,60,000 40,000C/2900/90 1,94,670 2,50,000 60,000C/2901/90 1,41,257 1,75,000 35,000C/2902/90 1,33,411.66 1,35,000 1,35,000C/2903/90 1,47,469 1,50,000 1,50,000C/2904/90 1,61,761 1,65,000 1,65,000C/2905/90 2,06,194 2,50,000 50,000C/2906/90 1,41,276 1,40,000 1,40,0...
Laxmi Cotton Mills Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Nov-08-1994
Reported in: (1995)52ITD22(Delhi)
1. This appeal by the assessee for the assessment year 1985-86 is directed against order of CIT(A) dated March 15, 1989 upholding addition of Rs. 77,339 on account of carrying charges receivable from Punjab Spinning & Weaving Mills Ltd., Bhatinda.2. For the assessment year 1985-86, the assessee-company closed its account on August 31, 1984. It had supplied cotton to Punjab Spinning & Weaving Mills Ltd. between 25-10-1983 and 24-4-1984 for which it was to receive a sum of Rs. 46,93,137.34 Paise which included cost of cotton carrying charges, bank commission, labour charges, insurance, etc. The other party had paid through bank drafts total sum of Rs. 46,93,137.34 Paise. The balance amount which included service charges of Rs. 77,339 was an item of dispute. The assessee debited the above amount in the account of Punjab Spinning and Weaving Mills but did not take the sum to the Profits & Loss account. It was taken to suspense account in the balance sheet.3. The Assessing Offi...
Surinder Kumar Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-08-1994
Reported in: 57(1995)DLT519
Arun Kumar, J.(1) By this writ petition the petitioner has challenged the order of detention dated 11/06/1993 bearing No. F.No. 673/64/93-CUS.VIIIpassed by Shri Mahender Prasad, Joint Secretary to the Govt. of India, respondent No. 2. -.(2) On 11/02/1993 the petitioner Along with one Jagtar Singh and Aman Preet Singh was intercepted and taken into custody by the Custom Officers atSiliguri, near Jalgaon Border, Check Post of Bhutan Border. It is alleged that 697gms gold was recovered from the petitioner which was concealed in his rectum.Some recoveries of gold were also made from the other two persons who were intercepted Along with the petitioner. The petitioner denied his concern or any relation with the other persons. On 12/02/1993 statement of the petitioner was recorded. It is alleged that again on 19/02/1993 statement of the petitioner was recorded while in custody. The petitioner was granted bail on 1 5/04/1993. On 11/06/1993 the impugned detention order was passed against the pe...
Ram NaraIn Vs. Ved Prakash
Court: Delhi
Decided on: Nov-08-1994
Reported in: 1994IVAD(Delhi)862; 56(1994)DLT692
Ms. Usha Mehra, J. 1. Shri Ram Narain has sought for partition of the property situated in Abadi Area/Laldora of Village Mangolpur Kalan, Delhi alleged to be owned jointly by the parties. The facts in brief are that after the death of the father of the plaintiff, the property devolved on the plaintiff and his brother Jai Narain and after Jai Narain's death on his legal heirs (defendants herein). The said property has always been jointly owned. It has not been divided so far. In fact the plaintiff and the defendants have got equal share in the entire properties shown in the plan. The plaintiff is alleged to be in occupation of vacant plot measuring 300 sq. yards, built up property of 750 sq.yards and another built up plot of 550 sq.yards shown as 'B', 'D' and 'E' on the plan. Whereas defendants are shown to be in occupation of the old house measuring 350 sq.yds, built up area measuring 350 sq.yds. built up plot measuring 550 sq.yds. Thus, according to plaintiff, he is in actual physical...
Super Cassettes Industries Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-07-1994
Reported in: (1995)(75)ELT443TriDel
1. The stay petition seeks waiver of predeposit of the amounts adjudged in terms of the Order-in-Original No. 3/94, dated 27-1-1994 Asstt. CCE, Div. I, Noida as confirmed by the Order-in-Appeal No. 167-CE/MRT/94, dated 12-8-1994.2. Shri V. Sridharan, learned Counsel for the petitioners explains that the modvat credit had been denied to the applicants in respect of glass beads used by them in the process of manufacture of audio-magnetic tapes. He briefly explained the manner of use of this item in the manufacturing process and stated that this is an essential ingredient for ensuring that the coating of the magnetic material on the blank tape is done uniformly. The show cause notice was issued holding that this item is in the nature of tools which are classified as tapes and not inputs as per the explanation in the Rule 57A of the Central Excise Rules. In the adjudication order, however, the Assistant Collector took the view that the benefit is not admissible as these are in the nature ...
Collector of C. Ex. Vs. Eastern Chemofarb Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-07-1994
Reported in: (1994)(74)ELT953TriDel
1. This appeal has been filed by the Collector of Central Excise, West Bengal, Calcutta (Now Bolpur) against the order-in-appeal passed by the Collector of Central Excise (Appeals), Calcutta dated 21-3-1983. The dispute in this case is whether the royalty charges paid to the foreign collaborator of the respondents on the basis of ex-factory sale value of their goods as per the contract entered into by the respondents with the foreign collaborator will be an element to be included in the assessable value.2. We have heard Shri B.K. Singh, ld. S.D.R. for the appellant Collector and Ms. Savita Sharma, ld. Counsel for the respondents.According to both of them, the question whether the goods in this case, namely, maleic resins are eligible for total exemption -under Notification 157/81, dated 29-8-1981 had been decided in favour of respondents in the case of very same respondents reported in 1988 (34) E.L.T. 173. It was held that the goods manufactured by the respondents would answer to the...
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