Delhi Court August 1994 Judgments
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Guru Engineer and Contractors Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-09-1994
Reported in: (1995)(75)ELT869TriDel
1. Being aggrieved by the order in appeal passed by the Collector (Appeals), M/s. Guru Engineers & Contractors have filed this appeal.The Collector (Appeals) in his order had held :- "I observe that under Rule 57G(2) proviso the Central Government has been empowered to direct that with effect from a specified date, all stocks of the specified inputs in the country excepting such stocks lying in a factory, customs area or a warehouse as are clearly recognisable as being non-duty paid may be deemed to be duty paid and the credit of duty in respect of the said inputs may be allowed at such rate and subject to such conditions as the Central Government may direct, without production of the documents evidencing the payment of duty. It is clear from this provision that the Central Government has been empowered to specify the date from which this facility will be applicable. Once this date is specified, it has to be effected from that date only irrespective of when this is communicated to...
Modi Industries Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-09-1994
Reported in: (1994)(73)ELT642TriDel
1. The issue to be decided in these two appeals is the eligibility of the sump pumps manufactured by M/s. Modi Industries Private Limited, the appellants to the benefit of Notification 57/78-C.E. dated 1st March, 1978. The notification exempts "power driven pumps primarily designed for handling water" of the types specified in the Table from the whole of duty of excise. The Assistant Collector of Central Excise and the Additional Collector of Central Excise in the impugned orders had found that the literature relating to the pumps indicated that they were designed for handling water containing sand, mud, sludge, etc.; the advertisement published by the manufacturer described them as pumps for dewatering of building sites, tunnels and mines, for industry and agricultural and marine duties. Each of them, therefore, held that the pumps were not primarily designed to handle water and would not be eligible for the benefit of the notification. The order of the Assistant Collector having bee...
Konark Cables Pvt. Ltd. Vs. Premier Engg. and Electrical Corporation a ...
Court: Delhi
Decided on: Aug-09-1994
Reported in: [1995]82CompCas452(Delhi); 1994(3)Crimes1086; 56(1994)DLT66; 1994RLR448
Dalveer Bhandari J.1. This revision petition is directed against the order dated September 6, 1993, passed by the learned Metropolitan Magistrate. A very question of law arises in this case regarding the interpretation of section 138 of the Negotiable Instruments Act, 1881. Section 138 reads as under :'138. Dishonour of cheque for insufficiency, etc., of funds in the account. - Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished wit...
Ganga Bishan and Co. Vs. Sita Bhateja's Nursing Home Trust
Court: Delhi
Decided on: Aug-09-1994
Reported in: 1998(47)DRJ561
R.C. Lahoti, J.(1) This order dispose of I.A. 10620/93, an application filed on behalf of certain intervener seeking leave to be joined as party to the suit. (2) The plaintiff M/s Ganga Bishan & Co. a partnership firm has filed this suit for specific performance of a contract for sale of the suit property impleading defendant No.1 Dr. (Mrs) Sita Bhateja's Nursing Home Trust and Shri Mohinder Singh the Managing Trustee of the Trust as defendants. The suit filed on 29.11.1998 (refiled on 1.12.88) is proceeding and is amidst hearing. (3) On 10.12.1993, Seva Singh, the applicant has approached this Court by filing an application I.A. 10620/93 under Order 1 Rule 10, CPC. He alleges himself to be in possession of a part of the suit premises for about 6-7 years prior to the filing of the application and running a Car Repair & Service Station thereat. According to the applicant, he is having electric, water and telephone connections installed in his name at the premises. He apprehends forcible...
Kali Charan Vs. the State (Delhi Administration)
Court: Delhi
Decided on: Aug-09-1994
Reported in: 1995CriLJ663; 1994(3)Crimes502; 55(1994)DLT642; 1994(30)DRJ622
Dalveer Bhandari, J. (1) This appeal is directed against the order and judgment dated 8th February, 1991, passed by Shri R.L. Chugh, Additional Sessions Judge, Delhi. (2) The brief facts which are necessary to dispose of this appeal are recapitulated as under:- 'ON 7th March, 1987, Bhagwan Dass, brother of the prosecutrix, Usha lodged a First Information Report that on 1.3.1987, he had gone to a marriage with his brother and younger sister leaving other younger sister Usha in the house. Kali Charan, appellant who is resident of Kachchi Jhuggi, Majnukatilla came to his house at about 9.30 P.M. and raped his younger sister who was all alone in the house. He has further stated that Usha wanted to raise an alarm but the accused put his hand on her mouth and threatened to kill her. Out of fear, she did not narrate the unfortunate incident to anyone. When on 7.3.1987, he saw her in a rather indifferent condition of health and enquired from her as to its cause, only then, Usha narrated the in...
Prushottam Traders Pvt. Ltd. and anr. Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-09-1994
Reported in: 55(1994)DLT619
Devinder Gupta, J.(1) In this petition filed under Article 226 of the Constitution of India, the petitioner has sought directions against respondent No.2 for handing over vacant and peaceful possession of plot No. A-187, Okhla Industrial Area, Phase-I, New Delhi.(2) The background in which this writ petition came to be filed is that the petitioner was having a plot of land measuring 2161 sq. yards in Anand Parbat Industrial Area, New Rohtak Road, New Delhi (hereinafter referred to as the'earlier plot ) which belonged to Ramjas Foundation. 'The petitioner was having its industrial unit/warehouse. In the year 1965, the respondents announced a policy of shifting of industrial units/warehouses from non-conforming areas to conforming areas. In accordance with the policy, the petitioner applied and participated IN a draw of lots held on 30/03/1970 and 14/09/1970. The petitioner was allotted Plot No. A-187, Okhla Industrial Area, Phase I, New Delhi (hereinafter referred to as the 'plot in que...
Collector of Central Excise Vs. National Leather Cloth
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-08-1994
Reported in: (1994)(54)LC319Tri(Delhi)
1. This appeal is directed against the impugned Order-in-Appeal passed by the Collector of Central Excise (Appeals), Bombay whereby he has set aside the order of the Assistant Collector demanding Handloom Cess.2. Shortly put the facts of the case are that the Respondents M/s National Leather Cloth are the manufacturers of man made fabrics impregnated, coated or laminated with preparation of Cellulosic derivatives etc. falling under Tariff Item 22(3) of the Central Excise Tariff. As no basic excise duty was leviable on grey fabrics, no Handloo Cess was collected at that stage i.e., grey stage. However, according to the Department Handloom Cess was payable when these fabrics got impregnated, coated or laminated with preparations of Cellulosic derivatives as per the provisions of Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Act, 1953. Since no such cess was paid by the respondents six Show Cause Notices of different dates demanding duty for the period...
Hans Construction Company Vs. Delhi Development Authority
Court: Delhi
Decided on: Aug-08-1994
Reported in: 1994IIIAD(Delhi)1177; 1994(2)ARBLR272(Delhi); 55(1994)DLT600; 1994(30)DRJ574
R.C. Lahoti, J.(1) This is an application under Section 14 of the Indian Arbitration Act, 1940 for filing the award dated 3.7.91 in the court and making the same rule of the court.(2) Certain disputes between the petitioner and defendant-respondent no.1 were referred to Arbitration by Banarsi Das, the defendant-respondent no.2. He has given an award on 3.7.1990. The parties were afforded opportunity of filing objections.(3) At this stage of the proceedings, it is conceded at the Bar that the only dispute that survives for adjudication is about the interest. Whether or not the Arbitrator could have awarded interest pendente lite and whether this Court should award future interest(4) The Arbitrator having adjudicated upon all the points of reference based on claims and counter claims of the parties, has, in the ultimate analysis, directed the defendant-respondent No.1 to pay an amount of Rs. 29,816 with simple interest calculated at the rate of twelve per cent per annum from 10.12.86 to ...
State Bank of India Vs. Jagdamba Packers and ors.
Court: Delhi
Decided on: Aug-08-1994
Reported in: 55(1994)DLT626; (1994)108PLR70
R.C. Lahoti, J.(1) This is a suit filed by the plaintiff-Bank seeking recovery of Rs.1,94,766.20p with costs and interest pendente lite and future calculated at the rate of 14 per cent per annum with quarterly rests.(2) The defendant No. 1 is a partnership firm with defendants Nos. 2 to 4 as itspartners. Approached by the defendants Nos. 2 to 4, the plaintiff bank allowed credit facilities to defendants on hypothecation of raw material, goods-finished and semi-finished and machinery. The credit facilities extended by the bank where by way of cash credit hypothecation limit. Other defendants had stood assureties.(3) It is not necessary to make a detailed discussion of the defense raised and several documents brought on record because of major part of the controversy between the parties having been settled amicably during the course of these proceedings because of the defendants having taken a very reasonable stand and adopted a compromising attitude. On 16.10.90, the defendants stated b...
Nihal Singh Vs. Dalip Singh Lamba
Court: Delhi
Decided on: Aug-08-1994
Reported in: 1994IIIAD(Delhi)1057; AIR1995Delhi340; 56(1994)DLT92; 1994(30)DRJ543; 1994RLR468
Sat Pal, J.(1) This petition has been filed on behalf of Shri Nihal Singh (hereinafter referred to as the tenant) under Article 227 of the Constitution of India and in this petition it has been prayed that the orders dated 2.4.1994 passed by the learned Rent Control Tribunal in R.C. Appeal No.626/91 be set-aside. By the said order the learned Rent Control Tribunal accepted the appeal of Shri Dalip Singh Lamba, respondent herein, (hereinafter referred to as the landlord) and passed the order of eviction under Section 14(1)(h) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) against the tenant.(2) Briefly stated, the facts of the case are that landlord had let out a portion of premises No.20-B/96-B, Tilak Nagar, New Delhi comprising of two rooms, a kitchen, bath, latrine and common backyard and front courtyard, common front and back barandah on the ground floor. On 31st January, 1989 the landlord filed an eviction petition against the tenant under Section 14(1)(h)...
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