Delhi Court March 1994 Judgments
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Vinod Krishna Kaul Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-23-1994
Reported in: 1994IIAD(Delhi)81; 1994(29)DRJ95; 1994RLR277
C.M. Nayar, J. (1) This petition under Article 226 of the Constitution of India has arisen on the following facts, as stated hereunder: (2) The petitioner joined Government service in the Indian Police Service, which is an All India Service in tile year 1956. He retired from the service on superannuation on October 31, 1990. In September, 1985, he was selected and posted at the Centre from his parent cadre of Rajasthan State as Director (Training), Bureau of Police Research and Development under the Ministry of Home Affairs at New Delhi, in the grade of Inspector General of Police. He was appointed on December 28, 1988 as Director General, Bureau of Police Research and Development. New Delhi by the Ministry of Home Affairs. (3) Respondent No.2 Shri S.A.Khan. IPS. worked in the post of Deputy Director (Training) Bureau of Police Research and Development. New Delhi for the period from June 12, 1987 to November4, 1987. The petitioner at that time was the immediate superior of the said res...
Gurdas Seal Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-23-1994
Reported in: 1994IIAD(Delhi)21; 1994(29)DRJ44
Jaspal Singh, J.(1) Here is yet another writ petition seeking the quashing of a detention order passed under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. (2) First, the facts. The petitioner Gurdas Seal is one of the eleven partners of M/s. S.C.Dey and B.N. Seal. He also happens to be one of the five partners of yet another firm carrying on business under the name and style of M/s. Seal, Lata & Co. This case. however, relates to M/s. S.C.Dey and B.N.Seal which holds a license for dealing as bullion merchants. On January 21. 1993 the officers of the Customs, Calcutta searched the shop premises of M/s.S.C. Dey and B.N.Seal and seized eight gold biscuits of foreign origin allegedly from inside a cylinder-shaped iron box kept concealed in a room which otherwise was full of rubbish. As per the Customs the said gold biscuits were seized on the reasonable belief (hat those were smuggled in India as none of the partners including the petition...
Mahipal Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-23-1994
Reported in: 55(1994)DLT176
C.M. Nayar, J.(1) The present writ petition under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of Mandamus and Certiorari for directing the respondents to take back the petitioner in service by declaring the Summary Court-martial proceedings and the resultant impugned order dated 24/11/1988, by which the petitioner was sentenced to be reduced in the ranks, to be dismissed from service and to suffer R.I. for six months as-invalid and for quashing the same.(2) The facts, briefly stated, are that the petitioner was enrolled on 28/02/1976 and was promoted to the rank of Havildar with effect from 1/01/1984.He was posted on transfer to the Zonal Recruiting Office (for short Z.R.O.) Jabalpur on 9/09/1984 and continued to serve there till 5/08/1987. He was thereafter posted to No. 27 Air defense Regiment (for short 27 A.D. Regiment). The petitioner was called from 27 Ad Regiment on alleged attachment to HQ.,Recruiting Zone, Jabalpur where he cont...
Collr. of C. Ex. Vs. Kashyap Engg. and Metallurgicals
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-22-1994
Reported in: (1994)LC352Tri(Delhi)
1. This is Revenue appeal against the order-in-appeal passed by Collector of Central Excise (Appeals), Madras who has rejected the application by Assistant Collector of Central Excise (Legal) Bangalore Under Section 35E(4) of the Central Excises and Salt Act, 1944 and has confirmed the Order-in-Original passed by Assistant Collector of Central Excise, Bangalore.2. The assessees are manufacturing monolithic integral fall-circular castings (out of old scrap of copper or duty paid virgin copper), which are further machined and turned into components including bushes. These bushes are totally different in their process of manufacture, material content, shape, other characteristics from thin walled bearings. Thin walled bearing is the one, where a thin wall of a lining material in white metal, plain copper, lead alloy, plain lead bronze, Aluminium base or over lays lead rich alloy is held with a steel backing, and they are invariably half liners.3. The department, however, wanted to classi...
Adarsh Packers (P) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-22-1994
Reported in: (1994)(71)ELT837TriDel
1. This is a Stay Application filed with reference to the Order-in-Appeal of Collector of Central Excise (Appeals) dated 30-11-1993.2. The Learned Counsel stated that in this case, the entire consignment was sold by the importer to the appellant on High Sea Sale basis and endorsements to this effect was made on all copies of Bills of Entry.The entire consignment was brought from the Customs House directly to their factory in original packed condition and the modvat credit was taken accordingly.3. The modvat is however sought to be denied on the ground that this was not permissible.4. It was their submission that this is a well recognised practice and was permissible under the rules. And in this connection, they would draw attention to the Bombay Collectorate Trade Notice No. 57/1987 dated 7-8-1987.5. Learned Departmental Representative stated that in view of a series of orders of this Tribunal on this point he does not oppose the request for waiver of pre-deposit and has no objection ...
Mahindra Sintered Products Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-22-1994
Reported in: (1994)LC49Tri(Delhi)
1. This appeal arises against the order-in-appeal dt. 22-7-1988 passed by Collector (Appeals), Bombay.2. The question that arises for our determination in this appeal is the correct classification of different type of sintered bushes and parts thereof. The appellants had filed classification lists Nos : The said classification lists were accorded provisionally approval under Rule 9B of Central Excise Rules, 1944 to sintered bushes and parts thereof (different sizes and shapes) as thin walled bearings falling under erstwhile Tariff Item 34A of the first schedule of the Central Excises & Salt Act, 1944, as against the claim of the appellants for classification under Tariff Item 68. The assessee was issued with a show cause notice dt. 8-8-1986 calling upon them to explain as to why the sintered bushes having wall thickness less than 3.65 mm classified earlier as falling under 34A provisionally approved should not be considered as final approval and as to why the differential duty at ...
Ansal Properties and Industries Ltd. Vs. Union of India and Others
Court: Delhi
Decided on: Mar-22-1994
Reported in: 1994IIAD(Delhi)68; 1994(2)ARBLR484(Delhi); 54(1994)DLT307; 1994(29)DRJ66
Sat Pal, J.1. This is a petition filed on behalf of M/s. Ansal Properties and Industries Ltd. (hereinafter referred to as the petitioner) under Section 41 of the Arbitration Act, 1940 read with Schedule-11 thereof and Section 151 of the Code of Civil Procedure against the respondents and in this petition it has been prayed that respondents by themselves, their employees or agents be restrained from invoking and encashing the bank guarantee No. 13/90 dated 10.9.1990 for Rs. 13,07,000/- valid up to 30.6.1994 and bank guarantee No. 3/89 dated 20th January, 1989 for Rs. 25,99,000/- valid up to 30th April, 1994 furnished by the petitioner. 2. Briefly stated the facts of the case are that on or about 15th February, 1988, the respondent No. 2 acting for and on behalf of President of India invited sealed tenders for the designs and construction of viaducts, side and catch water drains and each work in formation in cuttings and in embankment in Zone No. E-11 on Jammu-Udhampur rail link project....
Mrs. Prem Shamsher Singh Vs. Commissioner of Wealth-tax
Court: Delhi
Decided on: Mar-22-1994
Reported in: (1994)121CTR(Del)517; 55(1994)DLT441; 1994(30)DRJ742; [1994]210ITR233(Delhi)
ORDERD.K. Jain, J. 1. These twenty-two references have been made by the Income-tax Appellate Tribunal (in short, 'the Tribunal') under section 27(1) of the Wealth-tax Act, 1957 (in short, 'the Act'), at the instance of the assesseds and the Revenue. As the issues involved in all the references are, in substance, the same, these are being disposed of by this common judgment. However, the format of questions being different in the case of each of the assesseds, we set out the questions referred in each of these references respectively : Wealth-tax Reference Nos. 87 to 96 of 1978 : (assessment years 1966-67 to 1970-71) : '1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that rule 1D of the Wealth-tax Rules, 1957, is inapplicable to the present case as it is in conflict with the substantive provisions of the Act including the charging section 3 2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in hol...
ishwar Dass Vs. Harbans Singh
Court: Delhi
Decided on: Mar-22-1994
Reported in: (1994)108PLR37
Mahinder Narain, J.1. The plaintiff has filed the above said suit under Order 37 of the C.P.C. claiming a sum of Rs. 9 lakhs. The plaintiff had originally filed the suit in which he has claimed Rs. 14,50,000/-, but that plaint was amended, and the claim has been restricted toRs. 9 lakhs only.2. An application for leave to defend has been filed by the defendant. This is I.A. No. 10905 of 1993. It is contended by defendant that the claim in the plaintiff's suit goes beyond the scope of Order 37 of C.P.C. inasmuch as the plaintiff is not entitled to claim any interest after the date of the decree.3. For examining this contention, it is necessary to look at the proviso of Order 37 of the C.P.C. The relevant portion of Order 37 of the C.P.C. is Sub-rule 3 of Rule 2 C.P.C., when reads as under:-'The defendant shall not defend the suit referred to in Sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be adm...
Mahinder Singh Jagdev Vs. Union of India and ors. Overruled
Court: Delhi
Decided on: Mar-22-1994
Reported in: 1994(30)DRJ330
Gokal Chand Mital, C.J. (1) Mahinder Singh Jagdev, the plaintiff-appellant, was appointed as a supervisor with the Central Water & Power Commission on 8-6-1954, where he continued up to 11-10-1054, as he resigned from that post.-(2) Thereafter, he joined the Central Public Works Department (for short CPWD) as a Section Officer vide letter of appointment dated 7-3-1956. On 11-6-1956, he completed his training and test.(3) The Executive Engineer, Central Water &: Power Commission filed a complaint to the police on 6-10-1956 alleging that the plaintiff had made mis-statements about his educational qualifications and had produced forged Certificate'11. seeking appointment as a supervisor in the Central Water (4) On 8th May, 1964, the plaintiff was acquitted by the criminal court. Soon thereafter, he made a representation to the Chief Engineer. Cpwd, for reinstaternent, as he was acquitted by the criminal court. He received a reply Ex. P-23 dated 31st August, 1964, directing him to refer th...
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