Delhi Court July 1994 Judgments
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M/S. Garg Builders and Engineers Vs. U.P. Rajkiya Nirman Nigam Ltd., a ...
Court: Delhi
Decided on: Jul-25-1994
Reported in: AIR1995Delhi111
ORDER1. Delhi Development Authority (hereinafter called the 'DDA') entrusted the work of C/o Outfall RCC box drain measuring 2258 mts. in Lawrence Road area including remodelling of part of Kanahaya Nagar Drain for Pitampura Residential Scheme to discharge into Najafgarh drain, to U.P. Rajkiya Nirman Nigam Limited (in short 'Nigam') defendant No. 1. The Nigam in turn invited tenders for the contraction of Kanhaiya Nagar RCC Box Culvert type drain. The plaintiff herein submitted his tender and the same was accepted by the Nigam subject to the terms and conditions agreed upon between the parties vide work order agreement dated 2-5-1990. The said work order contains various clauses and one of the clause No. 15 provided that in case of dispute the decision of the then Unit in charge would be binding.2. It is the case of plaintiff herein that since the Nigam withdrew certain work oat of his work order arbitrarily and illegally, thereforee, he suffered losses and damages. Not only the work w...
Satya Gupta and anr. Vs. Munshi Ram Aggarwal and ors.
Court: Delhi
Decided on: Jul-25-1994
Reported in: 1994IIIAD(Delhi)945; 1994(30)DRJ413
Sat Pal, J.(1) This petition has been filed by the petitioners (hereinafter referred to as the tenants) against the respondent No. 1 (hereinafter referred to as the landlord) challenging the eviction order dated 2nd April, 1993 passed by Shri K.S. Khurana, Additional Rent Controller, Delhi.(2) Briefly stated, the facts of the case are that the landlord filed an eviction petition bearing No. E-265/84 against the tenants under Section 14(1)(e) of the Delhi Rent Control Act 1958 (hereinafter referred to as the Act) on the ground of bonafide requirement with regard to the premises consisting of one room, a kitchen, one store, a latrine, bath room on the first floor and a barsati and terrace on the second floor of the premises bearing Municipal No.1810, Sohan Ganj, Roshanara Road, Chandrawal, Subzi Mandi Old, Delhi. The learned Additional Rent Controller by his order dated 2nd April, 1993 held that the landlord had been successful in bringing out his case within four corners of Section 14(1...
Mohd. Amjad Khan Vs. Jamia Millia Islamia and anr.
Court: Delhi
Decided on: Jul-25-1994
Reported in: 1994IIIAD(Delhi)757; 55(1994)DLT463; 1994(31)DRJ105
D.P. Wadhwa, J.(1) The petitioner, a student of B.Sc. Engineering (Civil) Iv Year Course (Architecture and Town Planning) in Jamia Millia Islamia, New Delhi, a university constituted under the Jamia Millia Islamia Act, 1988, has filed this petition against the University seeking a writ, order or direction in the nature of certiorari quashing the show cause notice dated 1 July 1994 issued by the respondents whereby the petitioner had been debarred from appearing in the examination of the final year B.Sc. Engineering (Civil) scheduled for 10 July 1994. The respondents are the University through its Vice Chancellor, the Proctor and the Controller of Examination. In the impugned show cause notice dated 1 July 1994, which had been issued by the Officiating Proctor under the directions of the Vice Chancellor of the University, it is alleged that Mr. Mohammad Haroon, Chowkidar of the University, reported that the petitioner along with his friends physically assaulted him on 30 June 1994 while...
Ranchi Solvent Oil Industries Vs. Collr. of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-22-1994
Reported in: (1995)(76)ELT128TriDel
1. When the case was called none has appeared on behalf of the appellants. However, by their Letter dt. 15-7-1994 they have requested the case to be dealt with on merits and on the basis of the submissions made by them in their letter.2. In this case the department had raised demand for the period 1-1-1984 to 31-12-1984 under the Vegetable Oil Cess Act, 1983 read with the National Oilseeds & Vegetable Oils Development Board Act, 1983, in resect of Solvent Oil said to have been manufactured by the appellants by way of 'Solvent extraction method' from oil cakes of Karanja, Kusum, Mahua etc. They have claimed that in this process of extraction, no oil seeds or any other oil bearing materials of plant origin are used, and that the same is not included in the definition of Vegetable oil as defined under the National Oilseeds & Vegetable Oils Development Board Act, 1983. Therefore, they have submitted that demands confirmed under such legislation are not maintainable and in respect ...
Collector of Central Excise Vs. Shiva Paper Mills Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-22-1994
Reported in: (1994)(73)ELT555TriDel
1. In all these appeals, common question of law and facts are involved.Hence, they are taken up together for disposal as per law. In the Revenue's appeals, the department has challenged the correctness of the order passed by the Collector (Appeals) order dated 7-4-1993. By this order, the Collector (A) has set aside the demand confirmed by the Additional Collector to the extent of Rs. 1,03,390.65 in respect of Sodium Rosinate falling under sub-heading No. 3806.90 which was stated to have been cleared without payment of duty for the period Jan '91 to June '91 and the penalty of Rs. 20,000/-.2. The assessee is aggrieved with the order-in-original dt. 29th April '92 passed by the Additional Collector confirming a demand of Rs. 3,93,528.75 in respect of the above said rules for the period from 1-3-1987 to 31-12-1990 and a penalty of Rs. 5,000/-.3. The facts of the case are that the appellants are manufacturing printing and writing paper including paper not less than 75% by weight of pulp ...
Collector of C. Excise Vs. Kumar Ceramics (P) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-21-1994
Reported in: (1994)(73)ELT372TriDel
1. The dispute relates to classification of Refractory products and demand consequent to the classification issue are involved in these two appeals respectively. Whether Refractory Sheaths, Refractory sleeves and Refractory combustion boats are classifiable under Chapter Heading 69.01 as claimed by the party or under Heading 69.07 as per Department, is an issue to be considered in these cases. The Assistant Collector held that they are classifiable under Heading 69.07 on the ground that products are capable of being used domestically in laboratory for testing purpose/chemical or other technical uses. On the other hand, the Collector (Appeals) decided the issue in favour of the party holding that items are capable of resisting very high degree of temperature exceeding 1500C, unlike non-refractory Ceramic products and, accordingly, they are classifiable under Heading 69.01 as claimed by the party. Feeling aggrieved by the order passed by the Collector (Appeals), the Department has come ...
Vivek Re-rolling Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-21-1994
Reported in: (1994)LC562Tri(Delhi)
1. Since the above captioned appeals involve identical issues, they are disposed of by this common order. The appellants in these cases were engaged in the manufactures of M.S. Rounds/Squares falling under Heading No. 72.14 of the Schedule to the Central Excise Tariff Act, 1985 out of rejected railway material, viz. old and used rails/wheels/axles/metal tyres. Enquiries made by the Department revealed that in these cases the finished goods were being manufactured by the concerned manufacturers without obtaining Central Excise Licence in Form L-4 and without payment of duty under the impression that M.S.Rounds/Squares falling under Heading 74.14 out of used railway material viz. old and used rails/wheels/axles/metal tyres etc. were exempted from the payment of Central Excise duty in terms of Notification No.202/88-C.E., dated 20-5-1988. Since the Department was of the view that old and used railway material i.e., rails/wheels/axles/metal tyres did not fall in the category of any of the...
Shanti Devi Vs. Maqsood Ali and ors.
Court: Delhi
Decided on: Jul-21-1994
Reported in: 1996ACJ460; 1994IIIAD(Delhi)956; 55(1994)DLT394; 1994(30)DRJ310
Mohd. Shamim, J. (1) The above three appeals, being inter-connected and arising out of the same occurrence a re being taken up together as the same can be disposed of conveniently by one and the same order. The said appeals have been preferred against the judgment and order dated March 6,1979 passed by Shri S.N.Kapur, Judge, Motor Accident Claims Tribunal, Delhi,, whereby he awarded a sum of Rs. 45,600.00 by way of compensation to the appellant Smt. Shanti Devi against the respondents in Fao 225/79 i.e. Maqsood Ali and Union of India; Chander Singh; Municipal Corporation of Delhi and General Manager, Delhi Transport Corporation. They were held jointly and severally liable. (2) Aggrieved with the said judgment and order Smt. Shanti Devi has come up in appeal ( F.A.O. No. 225/ 79 ) for enhancement of the said compensation from Rs. 45,600.00 to Rs.50,000.00 (3) On the other hand, Delhi Transport Corporation and Shri Chander Singh, respondents, have challenged the legality and the validity...
Dinesh Dhar Dube Vs. the State
Court: Delhi
Decided on: Jul-21-1994
Reported in: 1994IIIAD(Delhi)724; 55(1994)DLT377; 1994(30)DRJ536
Arun Kumar, J.(1) The petitioner has moved the present application under Section 439 of Code of Criminal Procedure for grant of bail. The. petitioner is charged with offences under Sections 20/61/85 of the Ndps Act. According to the prosecution on search of the petitioner 3 Kg. 100 gms. of Charas and 15 Kg. of Ganja was recovered from the possession of the petitioner on 27.12.1993. The petitioner was arrested on the said date and was produced before the Metropolitan Magistrate, Patiala House, New Delhi on 23rd December 1993. Since then he is in custody.(2) The petitioner has sought bail mainly on the ground that he has been falsely implicated in the case. The necessary facts relied upon by the petitioner in this behalf are that on 16th December 1993, one Govind Kumar @ Govinda: notorious auto thief, who belongs to Distt. Allahabad, the place to which the petitioner belongs, was arrested in connection with a case under Sections 25/54/59. of the Arms Act, registered at Police Station Laj...
D. Kumar Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-20-1994
Reported in: (1994)(74)ELT620TriDel
1. Shri D. Kumar has filed this appeal against the order of Collector of Customs (Appeals). The Collector of Customs (Appeals) in his order had held :- "I have gone through the appeal petition and submissions made at the time of personal hearing. I find that no correlation of the impugned goods could be made with reference to the certificates furnished regarding their brand and origin. As required under provisions of Foreign Privileged Persons Rules, 1957, no prior permission has been obtained from Central Board of Excise & Customs through Ministry of External Affairs. The original order is well reasoned and is held to be in order. The appeal is rejected and disposed of accordingly." 2. Briefly stated the facts of the case are that on 2-2-1988, Income-tax Authorities of Delhi found 42 bottles of foreign liquor during the search of the premises of Shri D. Kumar. Customs Officers of Delhi on search recovered 42 bottles of foreign liquor from an Almirah.Out of the recovered 42 bottle...
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