Delhi Court April 1994 Judgments

P.S. Puri and ors. Vs. International Airport Authority of India and or ...

Court: Delhi

Reported in: 54(1994)DLT655

K. Shivashankar Bhat, J. (1) The petitioners were or are employees of International Airport Authority of India, which is the respondent. They have obtained loans from the respondent while purchasing flats from the Delhi Development Authority. All these petitioners are also residing in the quarters belonging to the respondent allotted to them as employees of the respondent. There is no dispute that the quarters under the occupation of the petitioners are to be a vacated by them unconditionally on ceasing to be the employees of the respondent. In other words the occupation by the petitioners of the premises which were allotted to them by the respondent is by virtue of their respective employment under the respondent. They do not get any ownership right. (2) The problem that has arisen which has to be considered by me, pertains tothe loans advanced by the respondent in favor of the petitioners. The respondents contend that the petitioners were not at liberty to lease the flats purchased b...

A.K. Mukherjee Vs. State and anr.

Court: Delhi

Reported in: 1994IIAD(Delhi)221; 1994(2)ARBLR77(Delhi); 1994CriLJ2469; 1994(2)Crimes488; 54(1994)DLT461; 1994(29)DRJ221

Jaspal Singh, J.(1) The petitioner Dr.A.K.Mukherjee filed a complaint before a Metropolitan Magistrate under Section 63 of the Copyright Act, 1957 alleging that M/s. Chand & Co. Ltd. had knowingly infringed the copyright in a book authored by him. During the pendency of the proceedings Dr.Mukherjee moved an application that since the Copyright Board in proceedings under section 19A of the Copyright Act, 1957 had held that the respondents were guilty of infringing the petitioner's copyright the learned Metropolitan Magistrate, being bound by the said finding, had no option but to forthwith convict the respondents. However, the application did not find favor with the learned Metropolitan Magistrate. As per him, the respondents could not be convicted without trial and that too merely on the basis of the above-noted finding of the Copyright Board. Hence this petition.(2) It was contended by the learned counsel for the petitioner that in view of the finding of the Copyright Board that the r...

Maya Vs. State

Court: Delhi

Reported in: 54(1994)DLT492

V.B. Bansal, J.(1) The petitioner is in custody incase Fir No. 126/90 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 with the allegations that on 22.11.1990, he was apprehended and 15 gms. of smack was recovered from him. Submission of the learned Counsel for the petitioner has been that there was non-compliance of the mandatory provisions, as contained in Section 50 of the said Act inasmuch as no option was given to the petitioner that he could be searched in the presence of a Magistrate or a Gazetted Officer. A perusal of the Rukka shows that Acp was present with the police in whose presence, the petitioner was searched. Without going into the details of the case and without expressing any opinion on merits, the petitioner is ordered to be released on bail subject to furnishing personal bond for Rs. 30,000.00 with one surety of like amount to the satisfaction of the concerned Court....

Pcs Date General India Ltd. Vs. Jyoti Kothari

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. This appeal has been filed by the opposite party (OP) against the order of the District Forum-I, dated 30.7.92. 2. Briefly the facts are that the complainant Mrs. Jyoti Kothari, purchased a computer system from the opposite party for consideration of Rs. 36,300/- in March, 1990. She paid Rs. 36,000/- vide receipts dated 19.3.90 and 31.3.90. The balance amount has not been paid by her till date. The computer system was installed by the opposite party at her residence on 31st March, 1990. 3. It is pleaded by the complainant that the computer system had not been working well since the time it had been purchased by her and its defects could not be rectified by the opposite party. She was working as a Senior Scientific Officer with the I.I.T., New Delhi and had undertaken a time bound project relating to Solar Passive Architecture. However, on account of malfunctioning of the computer she failed to keep up her commitment and suffered loss in reputation. She conseq...

Nitul Data Systems Pvt. Ltd. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(72)ELT309TriDel

1. M/s. Nitul Data Systems Pvt. Ltd. have filed this appeal against the order of Addl. Collector of Customs. The Addl. Collector of Customs in his order had held : "I have carefully gone through the case records. The goods were examined at Indira Gandhi International Airport first and found as per invoices. Had there been any shortage, party's representative who was present there should have objected. It was established that the shortage of the goods was noticed only after the proper officer had made an order of warehousing the goods. In view of the findings referred to above, I hereby confirm the demand of Rs. 91,358/- as Customs duty." 2. Briefly stated the facts of the case are that the appellant imported components for computers and warehoused the same after removing them from the Air Cargo Complex at I.G.I. Airport to the Public Bonded Warehouse at Okhla. At the time of finalisation of the in Bond Bill of Entry, goods were examined at first port of importation in the presence of ...

National Steel Rolling Mills Vs. Collector of C. Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(72)ELT869TriDel

1. M/s. National Steel Rolling Mills have filed this appeal against the order of the Addl. Collector of Customs. The Addl. Collector in his order had held : "I demand from M/s. National Steel Rolling Mills Ltd. an amount of Rs. 89,715.18 towards Basic Excise Duty and Rs. 4,072.34 towards Special Excise Duty (Total Rs. 93,787.52) on account of wrong availment of proforma credit, which was not admissible during the material period and consequently confirm the duty demand for this amount. I vacate the duty demand for Rs. 3,275.30 (Basic Excise Duty 3206.00 and Special Excise Duty 69.30) which had become time barred by the time the demand had been raised." 2. Briefly stated the facts of the case are that M /s. National Steel Rolling Mills, the appellant in this case, are manufacturers of iron and steel products and utilised proforma credit of duty paid on inputs.During the period from March, 1988 to February, 1989 they were not entitled to avail proforma credit under Rule 56A as this faci...

B.R.N. Ship Breakers Pvt. Ltd. Vs. Supremeenter Prises and ors.

Court: Delhi

Reported in: 1994IIAD(Delhi)262; 1994(29)DRJ322

Sat Pal, J.(1) This suit has been filed on behalf of the plaintiff company under Order xxxvii of the Code of Civil Procedure (for short called 'the Code') for recovery of Rs.7,60,000.00 with interest and costs. Vide orders dated 21st July, 1992 summons were directed to be issued to the defendants in the prescribed form. Thereafter the defendants entered appearance on 6th February, 1993.(2) On 4th August, 1993 the plaintiff filed an application bearing is No.7152 of 1993 under Order 37 Rule 3 Sub-rule (4) read with Section 151 of the Code for service of summons for judgment. The said application came up for hearing before the Deputy Registrar on 19th August, 1993 and on that date the Deputy Registrar directed that the summons for judgment be issued to the defendants in the prescribed form for 12th November, 1993. The summons for judgment were served on the defendants on 4th September, 1993 in terms of affidavit of service filed on behalf of the plaintiff. Despite service of summons for ...

Maneka Gandhi Vs. Union Territory of Delhi and ors.

Court: Delhi

Reported in: 1994IIAD(Delhi)333; AIR1994Delhi294; 54(1994)DLT229; 1994(29)DRJ170

Dalveer Bhandari, J.(1) The Delhi Meat Merchants' Association and the Buffalo Traders Welfare Association have preferred review applications against our judgment dated March 18, 1994, in the aforesaid writ petition. (2) We have heard Mr. S.D. Ansari, learned counsel for the Delhi' Meat Merchants' Association. It is incorporated in para 34 of the application that the applicant has no objection, nor can have any objection to the closure of the slaughter house from its present place subject to a condition that it is established at some other suitable place first. Mr. Ansari's main argument has been that the number of animals slaughtered be increased from 2500 per day to 6000 per day. He further submitted that thousands of people dependent on this trade would be rendered jobless. (3) Mr. Mukul Rohtagi, learned counsel appeared on behalf of Buffalo Traders Welfare Association and Mr. Sabharwal for the Mcd submitted that they have no grievance against any of the directions given by this cour...

Collector of Central Excise Vs. Vazir Glass Works

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(71)ELT842TriDel

1. M/s. Vazir Glass Works Ltd., Andheri (East) Bombay-59 have filed a classification list No. 42/82 in respect of their products (1) 110/120 M.L. tissue culture USP Type-I flint Glass bottles and (2) 210 ML MacCartner Flint USP Type Glass bottles as laboratory Glassware under T.I. 23A(2) and claimed exemption under Notification No. 83/82-C.E., dated 28-2-1982. The Assistant Collector of Central Excise K-I Division, Bombay-I vide his order-in-original F. No. V(23A) 17-CL-1/82, dated 4-8-1983 classified these products as other than laboratory glassware under T.I. No. 23A(4), attracting Central Excise duty at the rate of 35% ad valorem as basic and 5% of basic as Special Excise duty, and approved the classification list accordingly. In this connection, the Assistant Collector has observed that even though the bottles are manufactured of special composition, etc., looking into the shape of the bottles, samples of which were produced before him, there was no difference in the shape and out...

Paramount Petrochemicals Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(71)ELT1041TriDel

1. This is an appeal filed by the assessee against the impugned order dated 30-6-1992 passed by the Collector of Customs (Appeals), Ahmedabad.2. The appellants had imported a consignment of Waste Oil (used Lubricating Oil) through Kandla Port and had filed Bill of Entry No.F-67 on 9-1-1991, claiming assessment under Customs Tariff Heading 3823.90, alongwith benefit of Notification No. 47/90-Cus. and under sub-heading 3823.00 of Central Excise Tariff for C.V. duty. They sought clearance of this consignment on the basis of their REP Licence No.3430592 dated 25-10-1990 in terms of para 192 of the Import-Export Policy 1990-93. The sample of the imported consignment was chemically examined. According to the test report, it was found to contain carbonaceous matter and mineral oils, whose content was more than 70% by weight, with its flash point above 94C. It was free from water.Based upon the test report, the Assistant Collector as per his order has held that the goods in question are corre...