Delhi Court February 1994 Judgments

Employees State Insurance Corporation Vs. Tariq Butt and anr.

Court: Delhi

Reported in: 1994IAD(Delhi)1109; 54(1994)DLT132; 1994(29)DRJ348

C.M. Nayar, J. (1) The present First Appeal has been filed against the other dated March 11, 1974, passed by Sh. B.B.Gupta, Employees State Insurance Judge, Delhi, in Suit No. 74 of 1973. The respondents had filed a petition under section 75 of the Employees State Insurance Corporation Act, wherein, it was alleged that they were carrying on their business in the name and style of Dolphia Apparels from December 29, 1971 to about end of March, 1973. The nature of the business activities of the respondent was to get the clothes tailored for various exporters. The stiching work was got done by them from various artisans on rate contract basis and such employees worked at their own respective residences and at their own times without any direct supervision of the respondents. The respondents had set up a very small office and show room at the residence of respondent no. 2 at D-30 defense Colony, New Delhi.(2) It is further reiterated that no manufacturing activity was carried on in the prem...

Anil Steel and Industries Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1996)(82)ELT123TriDel

1. This is a stay application filed with reference to the order-in-original No. 98/93, dated 21-12-1993 passed by the Addl.Collector of Central Excise.2. Ld. Counsel stated that in this case, they have filed the Modvat declaration indicating Hot Rolled Steel Strips as their input and taken Modvat credit with reference to the bills of entries which also showed the description of the goods as Hot Rolled Steel Coils and strips.3. There is no dispute about the description of the goods. However, in their Modvat declaration they have indicated the Heading as 7211.59 where as in the Bills of Entry, the headings shown was 7208.90 and its sub-headings.4. It was their submission that the description of Hot Rolled Steel-Strips was rightly given. However, the sub-heading was erroneously shown and the error went un-noticed over a period of time.5. As a matter of fact, they have only used the goods imported under the bill of entry for the purpose of making their final product namely Cold Rolled Ste...

Collector of Central Excise Vs. A.B. Tools Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(71)ELT776TriDel

P.C. Jain (T), K.S. Venkataramani (T), G.P. Agarwal (J), G.A. Brahma Deva (J) and P.K. Kapoor (T), Members 1. The question referred to this Bench by the two Member Bench which originally heard the matters is as follows :- "Whether in the facts and circumstances of the case Ramming Mass can be treated as part of the machinery for denial of Modvat Credit or it can be termed as an 'input' in terms of Rule 57A for eligibility of Modvat Credit." 2. This question has come up for consideration before Calcutta High Court in the case of Singh Alloys and Steel Limited and Anr. v.Assistant Collector of C. Excise, Durgapur, Steel Division and Ors.-1993 (66) E.L.T. 594 (Cal.).3. Learned JCDR was told about this judgment which has been brought on record by the intervener advocate, Shri A.K. Jain through his application dated 6-7-1993. Learned JCDR was also told that in case there is any contrary judgment he may bring it to the notice of the Bench. So far we have not heard anything from the Revenue ...

Ashok Kumar Vs. State

Court: Delhi

Reported in: 1995(1)ALT(Cri)2; 54(1994)DLT638

V.B. Bansal, J.(1) Ashok Kumar son of Rishi Parkash resident of RanaMamurpur, Narela, Delhi, was tried for the offence under Section 307, Indian Penal Code in Fir No. 167/75, Police Station Narela, Delhi, with the allegations that on1.8.75 at about 6.30 p.m. Ashok Kumar inflicted head injury with a sharp pointed weapon to Rajesh son of Hari Chand, complainant, near House No. 1921, Mamurpur, within the jurisdiction of Police Station Narela and also on the head of Kumari Khazani daughter of Hari Chand, with such intention or knowledge and under such circumstances that if by that act she had died, he would have been guilty of murder and, thus, committed an offence punishable under Section 307, Indian Penal Code.(2) Ashok Kumar pleaded not guilty to the charge and claim trial. In support of its case the prosecution examined Bhagwat Saroop, PW/1; Khazani Devi, PW/2; Channo Devi, Public Witness /3; Hari Chand, PW/4; Constable Kali Ram, PW/5; Constable Urned Singh, PW/6; Head Constable Shodan...

State (Delhi Administration) Vs. T. Narayanan

Court: Delhi

Reported in: 53(1994)DLT738

Y.K. Sabharwal, J.(1) Respondent T. Narayanan, Cashier in the Accounts Section of Union Public Service Commission was tried for an offence under Section 409 IPC. The allegations against him were that he committed misappropriation and criminal breach of trust of a sum of Rs. 43,943.68 which amount was in his custody as a Cashier. (2) Initially, a case of theft under Section 380 Indian Penal Code was registered. During investigations, however, it was found that the iron chest from which the cash was reportedly missing was operated by double lock system, one key remaining with the Cashier and the key of the other lock remaining in the custody of Finance and Accounts Officer (FAO). In addition thereto there was a pad lock fixed on the iron chest, key of which used to be with the FAO. For the opening of the cash chest the Fao had to be personally present and open the pad lock as well as the inbuilt lock first with his key and thereafter the Cashier will apply his key and then the cash chest...

K.B. Tandon Vs. Central Bank of India and anr.

Court: Delhi

Reported in: 55(1994)DLT439; 1994(30)DRJ428

Anil Dev Singh, J. (1) This writ petition moved by the petitioner challenges the order of the first respondent dated July 16, 1974 whereby the relief of two graded increments sanctioned to him in the clerical grade with effect from May 1, 1970 were withdrawn. The facts giving rise to this petition lie in a narrow compass and are as follows:- The petitioner joined the services of respondent bank as clerk in the year 1956. In 1970 the petitioner passed the ottawa (Sahitya Rattan) Examination of the Hindi Sahitya Sammelan, Prayag. On account of his passing the examination, the petitioner represented to the respondent that ottawa (Sahitya Rattan) was equivalent to B.A.(Hons.) and he should be allowed two advance increments as per the Shastri Award. Again on July 21, 1973 the petitioner submitted another representation to the first respondent for the grant of two special increments on the basis of his having acquired the qualification which was equivalent to B.A.(Hons.). Accepting the repre...

Chander Singh Gardeshi Vs. Lt. Governor Delhi and ors.

Court: Delhi

Reported in: 1994IAD(Delhi)841; 56(1994)DLT572

C.M. Nayar, J. (1) This writ petition has been filed for an appropriate writ,direction and order to the respondents to treat the petitioner as an employee of Delhi Administration after the take over of Harijan Udyogshala in November, 1977and for payment of salary and allowances of the petitioner as Medical Officer.(2) The brief facts are that Harijan Sewak San(3) The petitioner was a member of the staff since 1955 and his name appeared on the attendance register and he was paid salary by the Harijan Udyogshala from the funds of the said Udyogshala. The petitioner is a qualified Vaid and is the registered medical practitioners in Ayurvedic. He is registered with the Board of Ayurvedic & Unani system of medicine, Delhi State and his name appears in the list of persons, in practice, belonging to the indigenous system under Sub-section 2 of Section 34 of the East Punjab Ayurvedic & Unani Practitioners (Delhi AmendmentAct) 1963. The petitioner had qualified from Bihar State and has been pra...

Motor General Finance Limited Vs. New India Assurance Co. Ltd.

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. Briefly the facts are, that the complainant is the owner of the Maruti Van bearing registration No. DAE-4623 which was hired by Shri Rajbir Singh, S/o Shri Rattan Singh, R/o Vill. and P.O. Jaffarpur Kalaan, Delhi-73, (hereinafter referred to as the lessee) from them. 2. An agreement between the complainant and lessee was executed on 17th December, 1988. The vehicle was stolen and the report was made to the police under Section 364/34 IPC which was registered as FIR No. 96 of 1989 dated 23rd March, 1989. The police ultimately closed the case on the ground that the vehicle was not traceable. The complainant lodged a claim with the respondent but the same was repudiated by them on the ground that the vehicle was being used as a Taxi by them. The complainant filed a complaint against the respondent before the Commission for recovery of price of the vehicle and the damages. 3. The complaint was contested by the respondent inter-alia on the ground that the complain...

Continental Corporation Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(71)ELT54TriDel

1. The issue involved in the present appeal is whether Gambiar Booch imported by the appellants is exempted from countervailing duty in terms of Notification No. 104/82 or not. Ld. Advocate Shri A.R. Madhav Rao submits that this issue has already been decided by the Tribunal in its Final Order No. 251-260/86-C, dated 29-4-1986 in the case of General Traders and Ors. v. CC. It has been held in the said final order that:- "From the series of publications and other documents placed before us, we are inclined to believe that Gambiar is known in India as Katha. Katha is totally indigenous and Gambiar is imported." 2. He, therefore, submits that in view of the aforesaid judgment of the Tribunal, this appeal may also be allowed.3. Ld. Jt. CDR Shri S. Kak, on the other hand submits that the Tribunal has gone on the similar uses of the two products and on that basis it has held that the two products are identical. He also points out that in a letter dated 5-9-1983 from the appellants to the As...

Del Star Pvt. Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(71)ELT638TriDel

1. When the matter was called, none has appeared on behalf of the appellants. Vide their telegram received on 23-12-1993, they have desired that their case be decided on the basis of the papers already submitted by them. Accordingly, we have heard the ld, SDR Shri M.K.Jain for the Revenue. The appellants herein are manufacturers of milking machine under Tariff Item 68. They manufacture 'Tubular trollies' as an attachment to the milking machine and classify the Tubular trollies under Tariff Item 68. The said classification list was provisionally approved by the Superintendent of Central Excise subject to confirmation by the Asstt. Collector, Central Excise. However, a doubt arose whether the aforesaid Tubular Trolley could be treated as an item of steel furniture under Tariff Item No. 40 of the erstwhile Central Excise Tariff and show cause notice dated 4-12-1981 was issued to the appellants. On adjudication it was held that Tubular Trolley manufactured by the appellants falls under th...