Delhi Court November 1994 Judgments
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Jindal Strips Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1994
Reported in: (1995)LC765Tri(Delhi)
1. This is an application for a direction to the Collector of Customs, Bombay for implementing the order of the Tribunal dated 10-1-1994 in terms of Rule 40 of the Customs, Excise & Gold (Control) Appellate Tribunal (Procedure) Rules, 1982. Shri D.N. Mehta, the learned counsel submits that in spite of the fact that the order of the Tribunal was passed way back in January, 1994, it has not been implemented still.2. Shri M.K. Jain, the learned SDR submitted that the department filed an appeal against the order of the Tribunal in the Supreme Court with an application for condonation of delay in May, 1994. Since no stay has been granted by the Supreme Court, the learned Counsel, Shri D.N.Mehta, submitted that the appellants immediately wrote to the authority for immediate implementation of the Tribunal's order without any further delay in the interest of justice.3. We note that the order of the Tribunal dt. 10-1-1994 has not been implemented; it is but proper and fair that the authori...
Sunil Kumar Vs. State
Court: Delhi
Decided on: Nov-17-1994
Reported in: 1995CriLJ3931; 1995(1)Crimes286; 1994(31)DRJ507
V.S. Aggarwal, J.(1) This is an appeal directed against the judgment and the order of sentence passed by the Additional Sessions Judge, Delhi, dated 28th February, 1991 and 2nd March, 1991 respectively. The appellant Sunil Kumar was held guilty of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to. as the Act) and sentenced to ten years rigorous imprisonment and a fine of Rs.l,00,000.00 (Rupees one lakh only). In default of payment of fine, he was to undergo further simple imprisonment for one month. (2) The sum and substance of the prosecution case is that on 19th August, 1990, Assistant Sub Inspector 0m Parkash was patrolling accompanied by Constables 0m Parkash, Balvinder Singh and Sumer Singh. While patrolling, they reached near Hanuman Mandir. Secret information was received that one person is sitting near Suthrishah Mandir and is selling charas. A raiding party was organized. Partap Singh son of Ram Singh, ...
Aruna Bahree and ors. Vs. R.K. Apartments Pvt. Ltd. and anr.
Court: Delhi
Decided on: Nov-17-1994
Reported in: 1994IVAD(Delhi)985; 57(1995)DLT257; 1994(31)DRJ450
Vijender Jain, J. (1) This is an application filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code (IA No.967/93) for restraining defendant Nos. l and 2 from taking forcible possession of the suit land and interfering with use and e)oyment of the suit land by the plaintiffs and the defendant Nos. 3 to 5. This Court on 27.1.1993 restrained the defendants from interfering with the possession and the use and enjoyment of the land in suit by the plaintiffs. On the same date the Court appointed Local Com- missioner to go to the site and report as to who is in actual possession of the site. Pursuant to the order of this Court, Local Commissioner had filed the report. For the purposes of adjudicating this application, it is not necessary to go into the report of the Local Commissioner. (2) The main controversy between the parties is in relation to an Agreement purported to have been executed between the plaintiffs and defendants 1 and 2, Plaintiff Nos....
Bharat Malik Vs. Nct of Delhi
Court: Delhi
Decided on: Nov-17-1994
Reported in: 1994IVAD(Delhi)1078; 56(1994)DLT680
Arun Kumar, J.1. This is a petition under Section 438 Cr.P.C for grant of anticipatory bail on behalf of Bharat Malik who claims to be the publisher of a magazine LACE MAKER in which certain photographs of the complainant in nude/semi nude were published. The petitioner claims that he holds a valid license to publish the said magazine with erotica. Two anticipatory bail applications moved by the petitioner before the Sessions Court already stand rejected.2. Sections 363, 384, 242, 501, 506 and 120B I.P.C. have been invoked against the petitioner. The case of the petitioner is that he has not been specifically named in the F.I.R. Moreover, he claims that he is a mere publisher of the magazine. He buys the photographs for his magazine from professionals in the field. The magazine is licensed. thereforee, he has not committed any offence. It is further argued that most of the Sections of the I.P.C. which have been invoked against him are of bailable offences. It is also claimed that the p...
Tirupati Granites (P) Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1995)LC731Tri(Delhi)
The appellants herein filed a Bill of Entry on 16-6-1992 for the clearance of a consignment of 165 Nos. used Diesel engines. No import licence for the clearance of the goods was produced by them. Instead, they indicated in the Bill of Entry that they had submitted an application for import licence to the CCIE for which they produced a receipt dated 3-4-1992 from licencing authority namely Joint Chief Controler of Imports & Exports, Ahmedabad. The relevant Import Policy at the time 1992-97 requires specific licence for the import of second-hand machinery. Such licences, further, according to the policy, are issued only to actual users. The Customs House found that judging from the number of engines imported, the applicants could not have imported so many of them as actual users. The goods were examined, they were found to be diesel engines suitable for use in motor vehicle and in used condition. They were also fitted with additional item like gear box and alternators. In some engin...
Motor Industries Company Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1994)LC714Tri(Delhi)
1. As in both the Appeals, common question of facts and law is involved hence they are taken together for disposal as per law.2. This Appeal arises from the Order dated 20-2-1991 passed by the Collector of Customs & Central Excise (Appeals), Bombay. The appellant had claimed the benefit of Notification No. 217/85 for the components and parts used in nozzle and nozzle holders by their supplementary C.L.No. 2/89, dated 20-8-1989 seeking retrospective approval with effect from 1-3-1989. They had filed an earlier Ch. No. 228/89 for the same product w.e.f. 1-3-1989 but had not claimed the said benefit. The Assistant Collector held that the notification in question exempts component parts of diesel oil 1C engines other than nozzle and nozzle holders, and it did not exempt component parts of 1C Engines. He also did not give retrospective effect to the Ch. 2/89. The Ld. Collector after a careful examination of their pleas before him rejected their contentions on the ground that Notificati...
Cargo TarpulIn Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1995)(75)ELT654TriDel
1. This is an application for waiver of predeposit of total duty amount of Rs. 64,67,092.77 and a penalty of Rs. 5,45,000/- levied on the petitioner under the impugned order dated 14-12-1993. Shri Laxmi Kumaran, ld. counsel for the appellants submitted that the petitioner is manufacturing wax treated cotton canvas cloth and the proceedings were initiated by the department by issuing a show cause notice dated 2-3-1993 invoking the longer period in terms of Section 11A of the Central Excises and Salt Act, 1944 alleging that the goods cleared by the petitioner during February, 1988 to March, 1992 would be classifiable under Heading 59.06 resulting the impugned order. It was urged that in respect of Tarpaulin the department levied the duty on the ground that the petitioner was using power in the manufacture of the same using 1/2 H.P. operated machines for stitching and exemption is available only for the goods manufactured without using power.2. Learned counsel further contended that in t...
G.T.C. Industries Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1995)LC487Tri(Delhi)
1. This appeal was heard fully and closed for orders on 6-7-1994. Due to mix up at Registry level, the file was not put up for preparing the orders, instead a fresh notice for hearing was given for 3-10-1994. The position has been clarified by Misc. Order dated 30-9-1994.Accordingly, the case is taken up for recording the orders. This appeal is directed against the order dt. 15-10-1992 passed by Collector (Appeals), Bombay who has confirmed the classification of the product, "Surface Decorated Covered Paper" used in wrapping filter mass and assembling filter tip of Cigarettes in Tariff Heading 4813.00 of Central Excise Tariff Act, attracting duty @ 10% + Rs. 2425/- per M.T.basic. Thus, the Classification List No. 1/89 w.e.f. 20-10-1989 has been finally approved under this heading.2. The Asstt. Collector in the order-in-original has held that the subject product gives the essential character to the cigarettes, without which the filter tipped cigarettes will not be complete. The Asstt. ...
Collr. of C. Excise Vs. Kesharwani Zarda Bhandar
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1995)LC728Tri(Delhi)
1. This reference application alongwith application of condonation of delay has been filed in Tribunal with reference to Tribunal's Final Order No. A/92/94-NRB, dated 25-1-1994. The Tribunal in the aforesaid order held that excess weight of Tobacco was on account of addition of chemicals, perfumes and other various substances which are purely temporary and actual weight nearly settled down to the level of weight of the coloured leaves, and therefore set aside the impugned order of Collector (Appeals) and allowed the appeal of the respondent. The question of law set out for reference to the Hon'ble High Court is :- "Whether the Tribunal was correct in allowing the appeal on a hypothetical assumption that there was no weight gain in view of the fact that pilot experiments conducted earlier did reveal that after allowing normal dryage there did occur some weight gain." 2. The order dated 25-1-1994 of Tribunal was received by Collector on 16-2-1994 and the reference application was receiv...
General Industrial Corporation Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-16-1994
Reported in: (1995)(77)ELT210TriDel
1. These are two appeals filed by (1) M/s. General Industrial Corporation, Fazalganj, Kanpur (hereinafter referred to as 'GIC') and (2) M/s. Arkay Wires (P) Ltd., Pandunagar, Kanpur (hereinafter referred to as 'Arkay'). Both these appeals originate from the same order-in-original and involve common issues. They were heard together and are being disposed of by this coomon order .2. M/s. G.I.C. were engaged in the manufacture of Galvanised Stranded Stay Wire (GSS Wire) from Glavanised Iron (GI) Wire, falling under Item No. 26-AA(ia) of the 1st Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the 'Tariff'). The GI Wire was supplied by Arkay, and GIC manufactured GSS Wire from such GI Wire, and received job charges from Arkay. M/s. Arkay Wires (P) Ltd. had also manufactured GSS Wire on their own account. It was alleged that GSS Wire was classifiable under Item No. 68 of the Tariff. It was found that the appellants had not applied for Central Excise Licence an...
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