Delhi Court May 1994 Judgments
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Naib Subedarjai NaraIn Vs. Union of India and ors.
Court: Delhi
Decided on: May-06-1994
Reported in: 1994IIAD(Delhi)733; 55(1994)DLT2; 1994(29)DRJ375
K. Shivashankar Bhat, J. (1) The petitioner questions his retirement from the army as per the order dated 17.6.1981. By this order he was ordered to be retired w.e.f. 24.9.1981. According to the petitioner he was entitled to be in service till 27.6.1982 as per an earlier order. Petitioner also seeks a direction to the respondent to promote him. * (2) The petitioner joined the service in the year 1956 as a Sepoy. In the year 1972 he was promoted as Naik Subedar. In February 1980 the Screening Board met as per letter dated 8.2.1980 and as revealed from the letter dated 8.2.1980 (Annexure G) it was stated that the Screening Body duly recommended the petitioner for retention in service up to the enhanced service/age limit. This document further states that since the petitioner was due for retirement during the month of June 1980, the retention in service may be published and the name of the petitioner from the list of pensioners (Appendix A) be deleted. On 13.2.1980 the proceedings held in...
Surya Coconut Oil Industries Vs. Surya Agro-oils Ltd.
Court: Delhi
Decided on: May-06-1994
Reported in: 56(1994)DLT281
Mahinder Narain, J. 1. By this application, the plaintiff seeks to restrain the defendant from using the trade mark 'Surya' or any other trade name or trade mark identical with or deceptively similar to the plaintiff's/applicant's aforementioned trade name and trade mark consisting of the device of 'Surya',2. 'Surya' is the Hindi name of the 'Sun'. 'Sun' as the center of the solar system has existed for long time, so has 'Surya'.3. I do not think that any person can exclusively appropriate the word 'Surya' per se for himself. I am not inclined to grant injunction with respect to the word 'Surya'.4. However, as per the registration certificate which has been filed, that has been granted with respect to a manifestation of the 'Sun' which is, or appears to be a creation of the plaintiff and it is in a very stylized form. It has flames or what appears to be flames around its circumference with eyes, nose and a mouth. This device is what is registered as the device of the appellant, and thi...
B.P. Alloys (P) Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-05-1994
Reported in: (1994)(72)ELT576TriDel
1. This is an appeal filed by the assessee against an Order-in-Original dt. 5-2-1990 passed by the Additional Collector of Central Excise & Customs, Chandigarh.2. The appellants are engaged in the manufacture of steel ingots. On 18-4-1989, during the course of physical verification of stock by the Central Excise Preventive Staff, Ludhiana, it was found that there was an excess stock of steel ingots weighing 10.094 M.T. valued at Rs. 77,723.80 involving Central Excise duty of Rs. 5,299.35 over and above the recorded balance in the R.G.-I register. The above excess stock was worked out on average base after taking into account the weight of 100 steel ingots which was agreed upon between the Director of the appellants' firm and visiting staff to ascertain the weight one steel ingot, the weight of 100 steel ingots may be got done at the weigh-bridge of Kalyan Agro Industries as there was no weighing arrangement in the factory. As a result, the average of one steel ingot came to be 85....
Associated Journals Ltd. Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: May-05-1994
Reported in: 1994IVAD(Delhi)237; AIR1995Delhi69; 55(1994)DLT650
R.L. Gupta, J. (2) I have heard arguments advanced by learned Counsel for the parties. First I called upon learned Counsel for the defendant to argue as to why an in junctionbe not granted restraining the Corporation from recovering the property tax as per Annexure A. It may be noted that Annexure A is a revised bill sent by the Corporation to the plaintiff for recovery of property tax comprising of various compliments like general tax etc. in the sum of Rs.1,02,62,794.00 w.e.f 1.12.1988 to1993-94. She submitted that a Division Bench of this Court in the case of Government Servants Co-operative House Building Society Ltd. and Others, v.Union of India and Others, 1993 (3) DL 269 upheld the amendment in the Delhi Rent Control Act to the effect that the Delhi Rent Control Act will not be applicable to properties in respect of which the monthly rent exceeds Rs.3500.00. According to her the necessary consequence is that the rateable value/annual value of the properties will be either on the...
Indian Rayon and Industries Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-04-1994
Reported in: (1995)(76)ELT358TriDel
1. M/s. Indian Rayon and Industries Ltd. have filed this appeal against the order of Collector, Central Excise, (Appeals). The Collector, Central Excise (Appeals) in his order had held that :- "I have carefully examined the appellant's contentions. In regard to the explosives, the appellant's contention is that the same are being used in or in relation to the manufacture of their final product i.e White Cement. The fact is that these explosives are used for mining of limestone. The adjudicating officer has held that the impugned inputs are not used as such individually but are arranged in a particular manner and sequence to act as a whole set for the purpose of blasting the mines, and the same are of the nature of the equipment and in-eligible to Modvat credit as held by the Tribunal in case of M/s. ACC Ltd. reported in 1990 (50) E.L.T. 295. On this point, I observe that the Tribunal has held that items to be used as consumer goods such as those for mining limestone are not inputs for...
Slm Udyog Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-04-1994
Reported in: (1994)LC526Tri(Delhi)
1. Since a common question is involved, a common order is being passed in both these matters.2. The appellants herein are, inter alia, engaged in the manufacture of forged rings. They had claimed benefit of Notification No. 223/88-C.E., dated 23-6-1988 and filed a classification list accordingly. The benefit of notification was approved by way of approval of the classification list. Later on the department appeared to have a change of mind and show cause notices were issued that the benefit of the said notification was not available inasmuch as it was subject to the condition that forged goods had not been subjected to any machining or surface treatments, other than :- (a) annealing, tempering, case-hardening, mitriding and similar heat treatments to improve the properties of the metal; (b) descaling, pickling, scraping and other processes to remove the oxide scale and crust formed during the heating of the metal; (c) rough coating intended solely to protect products from rust or othe...
Panna Lal Vs. State
Court: Delhi
Decided on: May-04-1994
Reported in: 1994IIAD(Delhi)557; 54(1994)DLT426; 1994(29)DRJ389
Jaspal Singh, J. (1) Panna Lal is the appellant. He has been convicted and sentenced under sections 363, 366 and 376 of the Indian Penal Code. The prosecutrix is Pushpa (PW6). This is how she and her father (Public Witness 7) unfold the sordid drama of kidnapping and violation of her body at the hands of the appellant and her subsequent recovery. (2) Pushpa used to live in a quarter in Lodi Road Along with her parents. She was friendly to one Bhagwati and since said Bhagwati was married to the appellant, she came to know him also. On May 19, 1973 at about 9 Pm while she was sitting Along with her younger brother and Panna Lal, she was invited by Panna Lal to see a movie. She refused. This was followed by an offer, again from his side, to accompany him and his wife to India Gate. She agreed. They remained at India Gate for about 5 minutes. Thereafter she was taken to his quarter at Sewa Nagar and kept there for the night despite her protest. That night saw Panna Lal committing rape on h...
S.D. Madan Vs. State
Court: Delhi
Decided on: May-04-1994
Reported in: 1994IIAD(Delhi)586; 54(1994)DLT460; 1994RLR315
Jaspal singh, J. (1) Can the right to personal freedom be made to depend on compliance with unreasonable restrictions This is the question which stares at me and craves for an answer. Let me, however, first provide the backdrop. (2) The petitioner apprehending arrest in a case under sections 120B/420 of the Indian Penal Code, moved an application for anticipatory bail on April 22, 1994. The learned Additional Sessions Judge Mr. K. P. Verma put off the hearing of the application till May 24, 1994 but with the following order:- 'IN the event of his arrest, for the period up to 24-5-1994 applicant S. D. Madan may be released on his furnishing bail bond and personal bond each worth (sic) Rs. 3 crores to the satisfaction of the-concerned Iosho, subject to the condition that the applicant shall join the investigation as and when required by the Io and shall not leave India without the (sic) specific permission of the court concerned.'(3) The petitioner claims that the amount fixed by the cou...
Manju Bala Vs. Union of India and ors.
Court: Delhi
Decided on: May-04-1994
Reported in: 1994IIIAD(Delhi)48; 54(1994)DLT537; 1994(29)DRJ485
D.P. Wadhwa, J. (1) These four petitions filed under Article 226 of the Constitution raise a common question. The petitioners in all these four petitions seek a writ of mandamus or any other writ or direction commanding the respondents to allow them to appear before the interview board constituted by the Staff Selection Commission for appointment of the petitioners to the post of Assistant Teachers in the Municipal Corporation of Delhi ('M.C.D.'for short). By an interim order, this Court directed that petitioners be interviewed but their results be withheld in case the petitioners are selected till further orders. There are three respondents. First respondent is the Union of India in the Ministry of Home Affairs; the second is the Staff Selection Commission ('S.S.C.' for short); and third is the Municipal Corporation of Delhi. Principal respondent is the S.S.C., and the M.C.D., for whose requirement of Assistant Teachers the S.S.C. has undertaken the process, has merely stated that it ...
Jagdish Prashad Vs. State
Court: Delhi
Decided on: May-04-1994
Reported in: 1994IIIAD(Delhi)113; 54(1994)DLT424
Mr. Jaspal Singh, J. 1. There is no need to loose much breath on this case. First, a brief resume' of the facts and then on to the crucial points.2. The prosecution alleges that on February 17, 1989 the appellant was found to be in possession of 1 Kg. & 900 grams of Charas. He was put up on trial and the learned Additional Sessions Judge finding him guilty returned a judgment of conviction and an order of sentence. Aggrieved by the said judgment and order he preferred an appeal from Jail and since he was not represented by a Counsel the Court appointed Mr. R.P. Luthra as an amices Curiae. Mercifully he has been brief but incisive.3. The first contention of Mr. Luthra is that neither the C.F.S.L. Form was deposited in the Malkhana nor is there any evidence as to where it was kept and that the prosecution has also not proved that it was taken to the Central Forensic Science Laboratory by the Police Officer who had taken the sample parcel to the said Laboratory. He submits that this being...
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