Delhi Court August 1994 Judgments

Hindustan Ciba-geigy Ltd. Vs. Bondwell India Pvt. Ltd.

Court: Delhi

Reported in: 1994IIIAD(Delhi)1517; 1994(30)DRJ589

R.C. Lahoti, J.(1) This order shall dispose of I.A. NO. 15022/91 and 15023/91 filed respectively under rule 4 and rule 3(5) of Order 37 of the Civ (2) A brief resume of the relevant facts. The plaintiff tiled this suit with the allegations that it had supplied goods worth Rs. 22,11,261.00 to the defendants. An amount of Rs. 19,33,851.00 was paid by the defendant to the plaintiff. The balance amount of Rs. 2,77,410.00 remained outstanding. The defendant had issued three cheques worth Rs. 2,08,820.00 to the plaintiff in part payment of the outstanding balance. The cheques were dishonoured on being presented to the bank for payment. The plaintiff filed a suit for recovery of Rs. 2,77,410.00 with interest calculated at the rate of 23% p.a. making a total of Rs. 5,47,181.00 . It was a summary suit under order 37 CPC. The defendants having been noticed made appearance and filed their address for service. Summons for judgment was issued to the defendant on the address given by them. It was th...

Arvind Khanna Vs. International Airport Authority of India

Court: Delhi

Reported in: 58(1995)DLT378; 1994(31)DRJ374

Usha Mehra, J. (1) The platntiff, in response to the notice inviting tender issued by the defendant International Airport Authority, (hereinafter referred to as the 'Authority') submitted the tenders for the work of operation electronic Pabx telephone exchange (80 + 100 EPABX) at Delhi Airport. The exchange was to be manned round the clock basis everyday. The tender of the plaintiff was accepted on 10th October,1984 and the work was to commence on 11th 0ctober,1984. For the proper performance of the said contract dated 10th 0ctober,1984, the plaintiff was to engage employees as Telephone Operators. It was the term of the said contract dated 10th October, 1984 that the contractor shall at all time abide by the Minimum Wages Act, Salary Act and the Bonus Act currently inforce as stipulated by the Central and the State Governments respectively. It was further the term of the contract that the contractor shall disburse salary to the employees in the presence of authorised representative of...

Raghubir Singh JaIn and Another Vs. Ansal Housing and Construction Ltd ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. Briefly, the facts are that the complainant booked a flat measruing 872 sq. ft. @ Rs. 630/per sq. ft. in Neel Padam Kunj, a multistoreyed building to be constructed by the Opposite Party, in April, 1991. The total price of the flat came to Rs. 5,49,360/-. The building was to be completed by the end of 1992, but it is alleged that it is not ready as yet. The complainant is now required to pay an amount of Rs. 7,10,476/on account of the price of the flat. It is averred that now the area of the flat is stated to be 1120 sq. ft. which could not be increased from 872 sq. ft. to 1120 sq. ft. unilaterally by the O.P. Consequently, it is prayed that the O.P. be directed to refund the amount deposited by him with interest @ 24% p.a., pay damages amounting to Rs. 75,000/or in the alternative to give the flat to him at the original price of Rs. 5,49,360/-. 2. The complaint has been contested by the O.P. They have controverted the allegations of the complainant. They hav...

Alembic Glass Industries Ltd. Vs. Collector of C. Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)LC64Tri(Delhi)

1. The appellants are engaged in the manufacture of glasswares including hollow wares and press wares, chargeable to duty of excise under Tariff Item 23 A of the Central Excises and Salt Act, 1944, at the relevant time covered under this appeal. The largest buyer of its hollow wares was the Alembic Chemical Works Co. Ltd. which was using the same for their own packing requirements. M/s. Alembic Chemical Works Co. Ltd. is engaged in the manufacture of pharmaceutical drugs and medicines, for which it consumed hollow wares (containers). Based upon the Annual Report for the years 1979 and 1980 it was found that the Chairman and the three directors were common in both these companies. M/s. Alembic Chemical Works Co. Ltd., held 37,428 Equity Shares of Rs. 100/- each representing 14% of the total paid-up and subscribed share capital of the appellant Company and similarly the appellant Company has also acquired 34,152 Equity Shares of Rs. 100/- each, representing 9% of the paid-up and subscri...

Collector of Central Excise Vs. Kanthal India Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(73)ELT917TriDel

1. The above application by the Revenue has been filed in terms of Section 35G of the Central Excises and Salt Act, 1944 for reference of the following question of law purporting to arise out of the final order No. A-262/94-NRB dated 11-3-1994 - "It is alleged that the party wilfully mis-stated the facts and wrongly described their inputs in the declaration filed by them under Rule 57G of the Central Excise Rules, 1944. Moreover it appears that the case was taken up for decision with the consent of the party and our Departmental Representative without having cross-objection from this office against the grounds of appeal filed by the Party. The appeal papers for offering the cross-objection were received in this office as late as on 21-4-1994 and as per time period the cross-objection was to be submitted by 4-6-1994." 2. The brief facts leading to the application are that the respondents herein are engaged in the manufacture of Electrical Resistance Wire strips and ribbons of stainless...

India Shoddy Mills Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(73)ELT658TriDel

1. The facts in this appeal, briefly, are that the appellants, herein, imported through Bombay Customs House in April, 1981 a consignment of synthetic waste. Finding that partially the consignment was damaged, the appellants arranged for a survey report while taking delivery of the goods. After clearance of the goods they filed a claim for refund of duty paid on the damaged goods. The Assistant Collector of Customs by his order dated 20-12-1993 rejected the claim on the ground that the survey had taken place when the goods were out of customs charge and while the appellants were taking delivery of the goods and also for reason that the survey was held without customs supervision. Collector (Appeals), by the impugned order, upheld the Assistant Collector's decision. On hearing Shri N.K. Sood, Manager for the appellants and Smt. C.G. Lal, ld. S.D.R. for the Revenue, we find that there are circumstances in this case which would justify a direction to the Department to redetermine the app...

Premier Trading Co. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(74)ELT308TriDel

1. By the present application the applicants have made a prayer for dispensing with pre-deposit of the duty amount of Rs. 4,01,255.71. Shri Y.N. Chopra, ld. Consultant is present for the applicants. He pleaded that the issue involved in the present matter is extension of benefit of Notification No. 175/86 dated 1-3-1986. He pleaded that the parts imported were of Radio Cassette Recorder. The imported parts had a trade name of Soni and National and before they imported the applicants put their own name on these items. He pleaded that the matter is covered by a Tribunal's order No. E/183/94-B1 dated 19th May, 1994 in the case of Ved Electronics v. CCE, Meerut. He pleaded that prima facie the applicants have got a good case on merits, and prayed for grant of stay.2. Shri B.K. Singh, ld. SDR is present for the respondent. He leaves the matter to the discretion of the Bench in view of the earlier decision of the Tribunal in the case of Ved Electronics (supra).3. We have heard both sides an...

Collector of Central Excise Vs. Gulshar Ahmed

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(74)ELT249TriDel

1. The Revenue has preferred the above appeals against the order of the Collector (Appeals), Central Excise, Chandigarh by which she has directed release of Indian currency of Rs. 2,28,600/- recovered on 1-1-1991 from Room Nos. 7 and 22 of National Hotel, Amritsar occupied by several persons including the respondents herein, to the respondents and set aside the personal penalty of Rs. 10,000/- imposed upon them by the adjudicating authority.2. On 1-1-1991, Lahore-Amritsar express train standing in the railway yard of Amritsar Railway Station, was cordoned off by the Customs (Preventive) staff, Amritsar and three persons moving near the rake were challenged and stopped. The three persons were Shri Naseem Ahmed, Sh. Mohd Sadiq and Sh. Jabbar. On questioning them they admitted that they had come to take out the smuggled silver which was concealed in the battery boxes of the said train. Two independent witnesses were called on the spot and all the abovesaid three persons separately identi...

Liberty Oil Mills Ltd. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(73)ELT644TriDel

1. This is an appeal against the order passed by the Collector of Customs (Appeals), Ahmedabad. The appellants imported a consignment of 305.770 MT of Ethylene Glycol Monoethyl Ether and filed Bill of Entry No. 529 dated 12th October, 1989 for warehousing the goods. The importers sought classification of the goods under sub-heading 2909. 47 of the Customs Tariff. They also claimed the assessment of the goods at concessional rate of duty @ 50% (Basic) on the ground that the goods were covered by Srl. No. 66A of Notification No. 136/86-Cus., dated 17-2-1986. The goods were permitted to be warehoused after being assessed provisionally. In respect of a quantity of 233.67 MTs of the goods cleared against Ex-bond Bills of Entry the importers were served with show cause notice requiring them to show cause as to why differential duty should not be recovered from them on the grounds that the goods in question being "Ether derivative of Ethylene Glycol" were chargeable to Basic Customs duty of ...

Hukmi Chand Ghewar Chand Saraf Vs. Collector of Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)LC202Tri(Delhi)

1. The appellants are aggrieved by the order of the Addl. Collector of Central Excise, Jaipur confiscating absolutely Indian currency of Rs. 4.5 lakhs seized on 21-2-1989 on Jaipur-Ajmer road near Bhakhrota from Car bearing Registration No. RNH-363 driven by Sh. Ganpat Singh and in which Sh. Tikam Chand Jain, Sh. Rajender Kumar and Sh. Sanjay Jain were sitting, on the ground that the amount represents the sale proceeds of foreign marked smuggled gold.2. The brief facts of the case are that on 21-2-1989 the Preventive Officers of the Customs Department, conducted a nakabandi on Jaipur-Ajmer road near Bhakhrota and apprehended Car bearing No.RNH-363 which was driven by Sh. Ganpat Singh. The other occupants of the car were Sh. Tikam Chand Jain, Sh. Rajender Kumar and Sh. Sanjay Jain, all residents of Ajmer. Personal search of all the four persons was conducted but did not result in recovery of anything incriminatory.Search of the car revealed three cavities -one cavity on the upper side ...