Delhi Court December 1994 Judgments
Home Cases Delhi 1994 Page 11 of about 144 results (0.021 seconds)Rajesh @ Vimal Kumar and anr. Vs. State (Delhi Administration)
Court: Delhi
Decided on: Dec-08-1994
Reported in: 1995IIIAD(Delhi)343; 1995(32)DRJ5
Jaspal Singh, J. (1) The appellants have been convicted under section 307 read with section 34 of the. Indian Penal Code and each one of them has been sentenced to undergo rigorous imprisonment for a period of three years with a fine of RS.1000.00 each. Feeling aggrieved by the said judgment of conviction and the order of sentence they have preferred this appeal.(2) The learned counsel for the appellants had been brief but incisive. They have pressed the appeal only on one ground and it is that the doctor who examined the injured and opined that the injuries were dangerous in nature had not been examined. They say that in view of this lacuna the conviction ought to have been only under section 324 read with section 34 of the Indian Penal Code.(3) The perusal of the impugned judgment would go to show that this very point was urged before the learned Additional Sessions Judge but without success. Probably the attention of the learned Additional Sessions Judge was not drawn to the judgmen...
Tag this Judgment!V.S. Rahi Vs. Lt. Governor of Delhi
Court: Delhi
Decided on: Dec-08-1994
Reported in: 1994IVAD(Delhi)1190; 56(1994)DLT698; 1995(32)DRJ35
K. Shivashankar Bhat, J. (1) Petitioner seeks a direction to the respondent to grant him permission with effect from 1.4.1992, with interest. Petitioner served the 3rd respondent-Cambridge School - as a teacher from 1.2.1985 to 31.3.1992. The 3rd respondent is a private, unaided school, governed by the provision of Delhi School Education Act 1973 (the Act, for short). As per Section 10 of the Act, the scales of pay, pension, gratuity, etc. of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority, as defined in Section 2(e) of the Act. The 'appropriate authority' defined herein, for all practical purposes will be the state or its instrumentalities. Petitioner refers to an advertisement invited by the Directorate of Education, stating that the employees of recognised private (unaided) schools in Delhi/New Delhi are eligible to have the privileges detailed therein, which include, 'TO get as per of ...
Tag this Judgment!Shanti Swaroop Maheshwari Vs. Collr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-07-1994
Reported in: (1995)(75)ELT600TriDel
1. This Reference Application seeks reference on following points of law said to arise out of Tribunal's Final Order No. A/1049-1054/93-NRB, dated 23-12-1993 to the Hon'ble High Court. 1. Whether the procedures like, maintenance of RG 23 Records, D-3 informations and prior permission for operating under the proforma credit scheme as set out in Rule 56A are mandatory or regulatory in nature? 2. Is it necessary pre-requisite to adhere to the procedure prescribed under Rule 56A in order to avail the benefit under the said Rule even though the applicant was undoubtedly entitled to the benefit of the substantive rights under the said Rules? 3. Whether the substantive benefit under the Proforma credit/deemed credit scheme can be denied on the mere ground that procedure laid down was not complied with although the applicant had maintained other statutory records to establish the quantity of the duty paid raw material purchased and consumed in the manufacture of final products and has also ma...
Tag this Judgment!Expo Combines Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-07-1994
Reported in: (1995)LC678Tri(Delhi)
1. Appeal Nos. C/560 to 566/85-A and C/569/85-A are filed by the above appellants with reference to the common impugned order, i.e., Order-in-original dated 28-11-1984 and Appeal No. C/76/86-A is filed by appellant M/s. Bentam Industries against the order-in-original dated 3-10-1985. All these appeals are inter-linked and connected and, therefore, they are clubbed together and are being disposed of by this common order.2. The facts of the case, in brief, are that M/s. M. Gulabdas & Company, 104, Bombay Samachar Marg, Bombay-23 filed 3 Bills of [Entry] Nos. 1754/39, 1754/40 and 1754/41, dated 14-11-1983 (s.s. Lyudmila Stall) declaring the import of the following goods, namely; (1) Colour Film Printing amounts to KE 2300 with accessories C & I Yen 35,56,540/-. (3) Colour Film Processing with accessories C & 115,82,180. The freight paid on the consignments is U.S. $ 724/71 (Rs. 7,668/-).Three bills of [entry] were filed on 6-12-1983,14-11-1983 and 6-12-1983 respectively. The ...
Tag this Judgment!Nirmal Steel Tubes (i) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-07-1994
Reported in: (1995)LC61Tri(Delhi)
1. In this appeal, the stay application of the appellants was disposed of by this Tribunal's stay order No. E/351/93-B1, dated 29-10-1993. By this order, they were directed to deposit an amount of Rs. 5 lakhs within a period of three months from the date of the order out of the adjudicated amount of Rs. 14,50,267.00. Being aggrieved [by] this order, the appellants had approached the Hon'ble High Court of Rajas-than. The Hon'ble High Court of Rajasthan by their letter dated 10th Feb., 1994 in SB Civil Writ Petition No. 421/94 has set aside the order and remitted the same with the direction "to hear the petitioner on the point of irreparable losses which the company may suffer on account of requirement of the depositing any amount. This contention may also be examined in the light of the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 and the objects under which such restrictions have been made".2. As a consequence of the above order, the appella...
Tag this Judgment!JaIn Studio Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-06-1994
Reported in: (1995)(77)ELT403TriDel
1. The above application has been filed in terms of Section 130(1) of the Customs Act, 1962 for reference of following questions of law purporting to have arisen out of final order No. A-655/94-NRB, dated 13-7-1994: (1) Whether in the light of its finding that the Video projectors in question are indeed capital goods as far as the appellants are concerned, the Appellate Tribunal in the facts and circumstances of the case, was correct in holding that the import of the Video projectors was not covered by the import licences tendered by the appellants? (2) Whether in the light of its finding that the Video projectors in question are capital goods and in the light of the undisputed position that the items in question are not covered by Appendix 8 of the Import Export Policy 1988-91 and are not office machines, the Appellate Tribunal was right in its conclusion that the import of the Video projectors were not covered by the flexibility clause of Para 177(2) of the Import Export Policy 1988...
Tag this Judgment!Maya Mahal Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-06-1994
Reported in: (1995)(76)ELT75TriDel
1. M/s. Maya Mahal Industries have filed this application seeking restoration of their appeal which had been earlier dismissed for non-prosecution as well as for default in appearance under final Order No. A/60/94-NRB, dated 12-1-1994. The notice of hearing fixing the case for hearing today had been issued to them by a registered post on 22-11-1994 at their Connaught Place, New Delhi address which has been shown by them in their correspondence. Since they have not entered appearance even today we are dismissing the application for default in appearance.2. Since dictating the above order we find that Shri Pradeep Jain, learned advocate is present on behalf of the applicants. He expresses regret that he could not come in time for arguing the case as he had some work in the High Court from where he has come rushing for this case. He also states that he has filed necessary papers called for from them. He requests that the appeal may be restored and date fixed for hearing when he would arg...
Tag this Judgment!Webel Telecommunication Vs. Collr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-06-1994
Reported in: (1995)(76)ELT163TriDel
1. M/s. Webel Telecommunication Industries Ltd. have filed an appeal being aggrieved from the order passed by Collector of Customs (Appeals), Calcutta. Notice of hearing was issued to the party. Nobody is present on behalf of the appellant. The appellant vide letter dated 2-12-1994 has intimated that the matter may be disposed of on merits.2. Shri K.K. Jha, Id. SDR is present on behalf of the respondent. He pleaded that the product in dispute is Nickel Cadmium Cells and are assessable under Heading 85.04 at the rate of 100% + 35% + 5% CVD. Shri Jha pleaded that the matter is fully covered by the earlier decision of the Tribunal in appellant's own case vide Order No. 142-150/86-B2, dated 6-3-1986. He pleaded that in the said order it was stated that "Since the cells were storage batteries, their assessment should have been under sub-item (2) of Item 31 of CET which attracted the lower rate of 20%" and that the same ratio may be followed.3. We have heard Shri K.K. Jha, Id. SDR and have ...
Tag this Judgment!Commissioner of Income-tax Vs. National Electric Supply and Trading Co ...
Court: Delhi
Decided on: Dec-06-1994
Reported in: (1996)137CTR(Del)6; [1996]222ITR60(Delhi)
K. SHIVASHANKAR BHAT J. - In respect of the assessment year 1969-70, at the instance of the Revenue, the following question has been referred for our consideration under section 256 of the Income-tax Act :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that profit under section 41(2) amounting to Rs. 57,175 was not taxable in the assessment year 1969-70 and in cancelling the order of the Additional Commissioner of Income-tax passed under section 263 of the Income-tax Act, 1961 ?'The relevant facts could be repeated from the statement of the case referred to us as follows :(i) The assessed-company was granted a license by the Government of Punjab in 1934 to engage in the business of generation and distribution of electricity in Moga Town for a period of 15 years with an option to purchase the undertaking after the expiry of the said license. The Government exercised its option on the date of expiry of the license, i.e., on February...
Tag this Judgment!S.K. Puri Vs. Smt. Sarla Chawla
Court: Delhi
Decided on: Dec-06-1994
Reported in: 1995IAD(Delhi)485; 58(1995)DLT307
P.K. Jain. J. 1. The petitioner Shri S.K. Puri was inducted as a tenant in respect of two bed rooms Along with one bath room, a kitchen and an adjoining toilet with some open space in the rear portion of property No. E-2/14. Model Town, Delhi by late Shri R.N. Chawla. The tenancy was for residential purposes. Shri R.N. Chawla died on 2nd August. 1989. In April 1993 the respondent Smt. Sarla Chawla filed a petition under Section 14-D read with Section 25-B of the Delhi Rent Control Act, 1958 (for short 'the Act') for eviction of the petitioner stating therein that on the death of her husband, she had become the owner-landlady of the premises in question, that the premises were required by her for occupation as a residence for herself and for the members of her family consisting of her son, daughter-in-law and her two grand children, and that neither she nor her son had any reasonable suitable accommodation in Delhi. It was further pleaded that she was about 71 years of age and required ...
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