Delhi Court March 1994 Judgments
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Jagmohan Lal and ors. Vs. Harkishan Lal
Court: Delhi
Decided on: Mar-09-1994
Reported in: 1994IAD(Delhi)1136; 1994(29)DRJ123
D.P. Wadhwa, J. (1) This appeal is by the defendants. It is against the judgment and decree dated 20 January 1986 whereby the suit of the plaintiff-respondent for possession of property bearing No. E-l/3. Lajpat Nagar, New Delhi, and mesne profits/damages amounting to Rs. 1,800.00 was decreed with costs. (2) The plaintiff filed the suit on 16 August 1982 in the court of the District Judge. Delhi. He alleged he was owner of two properties hearing No. E-1/3 and E-1/4. Lajpat Nagar. New Delhi, which, he said, he purchased from the Union of India. Perpetual lease deed of the land (Ext.PW 1/l) and conveyance deed of the superstructure (Ext.PW 1/2) were executed on 24 June 1977 and registered before the Sub Registrar, New Delhi. On behalf of the Union of India both these documents were executed by the Managing Officer (Department of Rehabilitation. Settlement Wing), New Delhi, in favor of the plaintiff. Plaintiff said that his uncle Mela Ram (father's brother) had no place to reside and he. ...
United India Periodicals (P) Ltd. Vs. Inspecting Assistant Commissione ...
Court: Delhi
Decided on: Mar-09-1994
Reported in: (1994)50TTJ(Del)84
ORDERVIMAL GANDHI, J. M. :These two appeals, one by the assessed, and the other by the Revenue, for the asst. yr. 1961-62, are directed against the order of the CIT(A). For the sake of convenience, both the appeals are being disposed of through this consolidated order.2. The facts in brief are that the assessed-company in the relevant period was engaged in the business of printing and publishing an english weekly 'Link'. It also undertook such printing for others. The original assessment in this case was completed on 28th Feb., 1966, under s. 143(3) of the Act on a total loss of Rs. 2,22,316, which was subsequently reduced to Rs. 2,12,658 under s. 154 of the IT Act, 1961.3. Subsequently on getting fresh information, the Assessing Officer concluded that income escaped assessment and, accordingly, reassessment proceedings were initiated. It was found that the assessed had received a loan of Rs. 1 lakh from M/s Globe Associates P. Ltd., New Delhi, a company under liquidation. In the books...
Rajasthan Spg. and Wvg. Mills Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-08-1994
Reported in: (1994)LC215Tri(Delhi)
1. The above application has been filed for stay of operation of the order of the Collector (Appeals) or in the alternative for stay of recovery of Rs. 15,30,416/- directed to be returned by the applicants to the Department and further determination as to whether the abovementioned amount of refund should be credited to the Fund in accordance with the provisions of Section 11B(2) or paid to the applicants in accordance with the proviso thereto. The applicants are manufacturers of textile yarn and during the period 1983-84 they manufactured inter alia cellulosic spun yarn not containing any man-made fibre of non-cellulosic origin, falling under T.I. 18III(i) of the schedule to the erstwhile Central Excise Tariff. The classification lists filed by the applicants were approved by reclas-sifying the yarn under T.I. 18UI(ii) which was challenged by way of writ petition before the Hon'ble Rajas than High Court. During the pendency of the writ the applicants were protected under interim orde...
Essma Woollen Mills Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-08-1994
Reported in: (1994)(72)ELT45TriDel
1. M/s. Essma Woollen Mills have filed this appeal against the order of Addl. Collector of Customs. The Addl. Collector had held : "I, therefore, in exercise of the powers conferred upon me under Section 122 of Customs Act, 1962, order that the goods in question, i.e., Finisher valued at Rs. 1,42,915/- shall be confiscated under Section 111(d) of the Customs Act, 1962. I, however, give the importers an option under Section 125 of the Customs Act, 1962 to pay in lieu of such confiscation a fine of Rs. 72,000/-(Rupees Seventy Two thousand only) and clear the goods into town. Since this is a case of wilful misdeclaration with intent to circumvent the I.T.C. provisions, I also hold that the importers are liable to be penalised under Section 112 of Customs Act, 1962. I, accordingly, impose a penalty of Rs. 72,000/- (Rupees Seventy Two thousand only) on the importers." "This option under Section 125 of Customs Act should be exercised within a month from the date of communication of this ord...
Collector of Central Excise Vs. Kwality Ice Creams Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-08-1994
Reported in: (1994)LC370Tri(Delhi)
1. The point for consideration in this appeal, filed by the revenue, against the order-in-appeal, passed by Collector of Central Excise (Appeals), Calcutta, is, whether the pasteurised butter received under Chapter 10 of the Central Excise Rules,1944, (hereinafter referred to as the 'Rules'), without payment of Central Excise duty, in terms of exemption Notification No. 247/77-C.E., dated 23-7-1977, was so eligible for exemption, when such pasteurised butter is finally utilised for the manufacture of 'Ice Creams'. "In exercise of the powers conferred by Sub-rule (1) of Rule8 of the Central Excise Rules, 1944, the Central Government hereby exempts, from the whole of the duty of excise leviable thereon, such quantities of pasteurised butter, falling under item No. 1-C of the First Schedule to the Central Excises and Salt Act, 1944 (1 of 1944), as are used for regeneration of liquid milk within the premises of the same factory of production, or in a factory elsewhere than in the factory ...
Hans Construction Co. Vs. Delhi Development Authority and anr.
Court: Delhi
Decided on: Mar-08-1994
Reported in: 1994IAD(Delhi)984; 54(1994)DLT477; 1994(28)DRJ656; (1994)108PLR78
J.K. Mehra, J. (1) These are the objections against the award of Shri V.R. Vaish, sole arbitrator dated 20.12.1988 regarding contract for 304 Lig houses of Pashchim Puri Block No.B. Pocket BG-3 I/C water supply sanitary installations and internal development of the land vide agreement No.9/DDAI/DDA/82-83. (2) As would appear from the discussion here in under the award has been objected to by the respondents mainly on two grounds, that is (I)The arbitrator was required to give a reasoned award, but the reasons, which he has given are no reasons in the eye of law in respect of his findings on various claims and (II)The arbitrator had no jurisdiction to award pendente lite interest.(3) In considering the award, I have already held in M/sS. Sony & Co. v. Delhi Development Authority(Suit No.1216/90)decidcd on 17.12.1993 that the Court is not to sit in appeal nor will Court interfere with an award for insufficiency of reasons. The Court will also not reappraise the evidence as it is not sitt...
Janta Travels Pvt. Ltd. Vs. Punjab Chemi-plants Ltd.
Court: Delhi
Decided on: Mar-08-1994
Reported in: 54(1994)DLT273; (1994)107PLR1
C.M. Nayar, J.(1) The Present Appeal Has Been Filed Against The Order Dated 31/03/1992 Passed By Shri G.S.JUGTI, Additional District Judge, Delhi In Suit No. 88/91.(2) The Facts Briefly Stated Are That A Suit For Recovery Of RS. 92,969.00 Was Filed by The APPELLANT/PLAINTIFF Against The defendant/RESPONDENT. The Appellant Had Pleaded That Under A Contract, There Was An Agreement To Supply 30 Tickets of Air India For The Labour Force Recruited By The Respondent For Their Baghdad Projects In terms Of The Orders Of The Respondent For The Value Of RS. 1,29,870.00. The Bill NOS.509-515 Dated November 17, 1984 For The Above Said Amount Were Received By THERESPONDENT. In Accordance With The Above Said Bills, The Respondent Issued Cheque NO.528272 Dated 18/12/1994, For RS. 1,29,870.00 Drawn On State Bank Of India, Mohali, but on presentation, the said cheque was dishonoured. Despite repeated demand, as contained in the letters, which were placed on record by theappellant, the respondent did no...
Bansal and Company Vs. Shagun Steels Pvt. Ltd.
Court: Delhi
Decided on: Mar-08-1994
Reported in: AIR1995Delhi234; [1994]80CompCas612(Delhi); 54(1994)DLT157; 1994(29)DRJ304; (1994)107PLR21
P.K. Bahri, J.(1) This petition has been brought under Section 433 of the Indian Companies Act seeking winding up order against the respondent-company.(2) The case setup in the petition, in brief, is that the petitioner has been receiving supplies of goods from the despondent-company in account and on March 31,1992, there was accredit balance of Rs. l,94,579.00 in the books of accounts maintained by the petitioner and the said amount has not been paid by the company dispute service of statutory notice dated February 1, 1993.(3) SHOW-CAUSE notice was issued to the respondent-company and the reply has been filed. It is mentioned in the reply that there has been a running account between the parties and in fact, the balance due from the petitioner-company was Rs. 8,80,644.00 after adjusting Rs. 5,00,000.00 received vide cheque dated June 9, 1992. the balance amount due was Rs. 3,80,644.00 and the petitioner had issued a cheque again dated June 13, 1992 in the sum of Rs. 4,00,000.00 to cle...
Nanu Mal Vs. Bhagwat Pershad @ Bhagwat Sarup and anr.
Court: Delhi
Decided on: Mar-08-1994
Reported in: 54(1994)DLT249
ORDER:COUNSELfor the respondent has stated that the respondent admits the petitioner to be his landlord in respect of the premises in dispute and that the amount being deposited in Court may be given too the petitioner. Counsel for the petitioner has not pressed any other ground.Counsel for the parties have also stated that the reasonable standard rent of the premises should be Rs. 51.00 per month and they have prayed that the same be fixed with effect from 1.2.1964. I fix standard rent accordingly which in my view is the reasonable standard rent of the premises in dispute. The amount lying deposited in Court be given to the petitioner who is held to be landlord of the premises in dispute of the respondent. The petition is dismissed. File be consigned. Parties shall bear their own costs.Announced: Sd/- Pritpal Singh6.2.1964. Additional Rent Controller,Delhi.'This order itself will also show that notice Ext. PW4/3 outlived its utility even if it is assumed that it purported to terminate...
Krishna International Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-07-1994
Reported in: (1994)LC76Tri(Delhi)
1. The Collector of Central Excise (Meerut) has confirmed a duty amount of Rs. 41,40,866.00 under Section 11A and has also imposed a personal penalty of Rs. 10,00,000/- under Rule 173Q of the Central Excise Rules, 1944, on the ground that the appellant has contravened provisions of Rules 9(1), 52(A), 173B, 173C, 173G, 173F and 174 of the Central Excise Rules, 1944. The case against the assessee was built up in this manner.The assessee is engaged in the manufacture of Audio Cassettes. They were issued with show cause notice dt. 14-2-1991 alleging contravention of the above noted rules with a specific allegation that they had evaded the Central Excise duty on Audio Cassette Housing by way of clandestine removal without payment of duty in as much as it is alleged that: (i) The appellants were engaged in the manufacture of various parts of Audio Cassette Housing viz. (1) Shell (2) Hub and Hub Pin (3) Roller (4) Black Paper/paper file (5) Shield /Patti (6) Screw (7) Pressure Pad and (8) St...
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