Delhi Court September 1994 Judgments
Home Cases Delhi 1994 Page 6 of about 124 results (0.021 seconds)Subhash Chander Vs. State
Court: Delhi
Decided on: Sep-20-1994
Reported in: 1994IVAD(Delhi)20; 1995(1)Crimes38; 56(1994)DLT5
Dalveer Bhandari, J.1. This petition is directed against the order dated 20th January, 1994 by which the learned Additional Sessions Judge framed the charges against the petitioner under Section 489-C read with Section 120(B) of the I.P.C.2. Brief facts necessary to dispose of this petition are recapitulated as under:On receiving secret information a police party was organized and a raid was conducted. On taking personal search two counterfeit currency notes of Rs. 100/-each were recovered from Vinod Kumar s/o Madan Lal and five counterfeit currency notes of Rs. 100/- each were recovered from the accused Subhash.3. The petitioner, Subhash made a disclosure statement in which he hadmentioned that he Along with his family members and accused Mrs. Chanchal Rani had gone to Bangkok on 23rd December, 1984.4. Vinod S/o Dev Raj had to accompany them but he did not have the confirmed ticket and he joined them later. They all stayed in the same hotel and used to have their meals in Chacha Resta...
Tag this Judgment!Karnataka Electricity Board Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-19-1994
Reported in: (1994)(74)ELT641TriDel
1. M/s. Karnataka Electricity Board have filed an appeal being aggrieved from the order passed by the Collector of Central Excise (Appeals). Ms. Nisha Bagchi, the learned Advocate has appeared on behalf of the appellants. She reiterated the contentions made in the stay application. She pleaded that the appellants are engaged in the generation and distribution of electricity and for the running of the same, certain items are fabricated including cross arms (four pins, three pins and two pins) and clamps for RCC poles and single top supports. She pleaded that these cannot be treated as marketable goods and no manufacturing activity is involved within the definition of Section 2(f) of the Central Excises and Salt Act, 1944. She relied on the decision of the Tribunal in the case of R.S. Steel Works v.Collector of Central Excise, reported in 1993 (64) E.L.T. 469 (Tribunal). She pleaded for the grant of stay of Rs. 1,11,778/-. Shri K.K. Jha, the learned SDR who is present on behalf of the r...
Tag this Judgment!Bharat Heavy Electrical Ltd. Vs. M/S. Bst Engineering Services
Court: Delhi
Decided on: Sep-19-1994
Reported in: 1995(2)ARBLR403(Delhi); 56(1994)DLT47
R. C. Lahoti, J.1. This order shall also govern the disposal of OMP 133/90 and 199/90. 2. Briefly stated the facts in so far as relevant for the purpose of disposing of these three matters and setting out the background in which the controversy for adjudication before the court has arisen are as follows : 'The parties had entered into a contract which contains an arbitration clause contemplating appointment of three Arbitrators. The disputes having arisen between the parties, the petitioner M/s. Bharat Heavy Electricals Limited, (hereinafter BHEL, for short) nominated Shri T. M. Ramchandran as Arbitrator vide letter dated 29.7.1988. M/s. Bharat Steel Tubes Engineering Services (hereinafter BSTES, for short) nominated Shri B. P. Bhattacharya as their Arbitrator. The third Arbitrator was to be appointed by the President of the Indian Council of Arbitration. However, Suit No. 608-A/89 was filed by one of the parties before this court resulting into appointment of Shri G. C. Jain, a retire...
Tag this Judgment!Indian Sewing Machines Co. Pvt. Ltd. Vs. Sansar Machine Ltd. and anr.
Court: Delhi
Decided on: Sep-19-1994
Reported in: 56(1994)DLT45; 1994(31)DRJ382
R.C. Lahoti, J. (1) These are applications under Order 9 Rule 13 and Section 151 Cpc filed by the defendants on 14.8.91 seeking setting aside of the ex parte decree dated 31.5.91 and stay of the execution thereof. (2) It was a simple money suit. On 31.5.91, an ex parte decree in favor of the plaintiff and against the defendants for Rs. 4,69,217.31 with interest at the rate of 12% p.a. from 30.6.86 till the date of filing of the suit i.e. 17.9.86 and future interest at the same rate has been passed. The suit is based on promissory notes after giving credits to the defendants to the extent to which the claim of the plaintiff was satisfied by the defendants prior to the filing of the suit. (3) The sole ground urged in the application is that the defendants had entrusted the defense to Mr A.K. De, advocate, who neither appeared in the suit nor informed the defendants of the progress of the suit. It has been pleaded and forcefully contended by the counsel for the defendants that default on ...
Tag this Judgment!Lalit Kumar and ors. Vs. Municipal Corporation of Delhi and anr.
Court: Delhi
Decided on: Sep-19-1994
Reported in: 1994IVAD(Delhi)169; 56(1994)DLT123; 1994(31)DRJ481
Vijender Jain, J.(1) This is a suit filed by plaintiffs, who entered into a partnership agreement, on 4.2.94. The partnership was to start the business in the name and style of M/s.Komal Circus. Thereafter an application was filed by the said M/s.Komal Circus with the Municipal Corporation of Delhi (MCD) inter alias seeking permission to participate in allotment of land which is being done by defendant No.1-MCD for staging circus show. Mr.Sethi, learned counsel for the piaintiffs, has argued that the firm of plaintiffs was issued a certificate by General Secretary of defendant No.2 informing him that the plaintiff was made a member vide letter dated 17.4.94. This letter Was written by Mr.Vinod Sabharwal. In the said letter, it has been mentioned that M/s.Komal Circus is one of the members of India Circus Federation (Registered). Mr.Sethi has argued that M/s.Komal Circus, the partnership concern of the plaintiffs, was given a certificate that it is a member of defendant No.2. Mr.Sethi h...
Tag this Judgment!R.S. Misra Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-19-1994
Reported in: 1994IVAD(Delhi)337; 56(1994)DLT8; 1994(31)DRJ114
Jaspal Singh, J.(1) The central-stage is provided by Kendriya Vidyalaya, Rajkot. Mr.Misra was teaching there. He was a post graduate teacher (chemistry) and had at his back sixteen years of meritorious service. On February Ii, 1988 he was served with an order issued by the Commissioner of Kendriya Vidyalaya Sangathan. It was as follows: DATED-LL/2/1988No. F.8-75/87-KVS(Vig) Order 1. Whereas Shri R.S.Mishra, Pgt (Chem.), Kendriya Vidyalya, Rajkot has been found guilty of the moral turpitude involving exhibition of immoral sexual behavior towards the girl students of his Vidyalaya. 2. And Whereas, it considered that the conduct of the said Shri R.S.Mishra, is such as to render his further retention in the service of the Kendriya Vidayalya Sangathan undesirable. 3. Now, thereforee, the undersigned in exercise of the powers conferred by the Board of Governors, hereby terminates the services of Shri R.S.Mishra, Pgt (Chemistry) with immediate effect. 4. The said Shri R.S.Mishra will be paid ...
Tag this Judgment!international Computers Indian Vs. C.C.E.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-16-1994
Reported in: (1995)LC91Tri(Delhi)
1. This appeal is directed against the order dated 28-10-1986 passed by the Collector of Central Excise, Pune. The brief facts are that the Central Excise Officers visited the premises of the appellants in Pune on 27-11-1985 for verifying their accounts. The appellants are engaged in the manufacture of office machines, apparatus and computers falling under 33D & 33DD respectively of the Central Excise Tariff. The officers found that the appellants were billing for certain charges in the nature of installation and commissioning which, to the department, appeared to be far in excess of the services provided on that account.It was also found that certain essential peripherals and software items forming a part of the minimum Computer System were being cleared without payment of duty. The department was also of the view that additional amounts of duty had been evaded by means of certain basis/compulsory software items and the essential peripherals forming a part of the minimum Computer...
Tag this Judgment!Collector of Central Excise Vs. Kapil Products
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-15-1994
Reported in: (1994)(74)ELT407TriDel
1. This is a departmental appeal against the order of Collector of Central Excise, Bombay dated 27-2-1987.M/s. Kapil Products, Asha Studio Compound, Sion Trombay Road, Chembur, Bombay-400071 (hereinafter referred to as the 'assessee'), holders of L-6 to receive Benzene and Toluene (hereinafter referred to as 'the inputs') at concessional rate of duty for special industrial purposes, were alleged to have been removing these inputs without carrying out any process on such inputs and without using the same in their factory premises for the intended use specified in Col. No. 5 of the Table annexed to Notification No. 75/84, dated 1-3-1984, the officers seized one consignment of Benzene in-transit alongwith the truck and the assessee had admitted that they did not have any plant or machinery for the manufacture of solvents and that they did not use the inputs for their intended use.As the assessees were not found eligible for availment of the concessional rate of duty prescribed by Notific...
Tag this Judgment!Tata Unisys Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-15-1994
Reported in: (1994)LC271Tri(Delhi)
1. Learned advocate, Shri A.M. Setal-wad for the applicant has prayed for waiver of pre-deposit of Rs. 2,93,68,904/-demanded as duty by the Collector of Customs, Delhi and also of Rs. 20,00,000/- imposed as fine in lieu of confiscation. He submits the following facts leading to the aforesaid demand of duty and imposition of the fine in lieu of.confiscation. The applicant relying on the brochure issued by the Development Commissioner of Noida Export Processing Zone (NEPZ) made an application for establishing a unit in NEPZ for computer consultancy for overseas market and computer software development for export. He has drawn particular attention to 'a Big Package of Incentives' by Government of India at S. No. 6 of the brochure which is as follows :- "6. Duty-free import of capital goods and equipment from preferred sources." He has also drawn attention to the application dated 16th October 1987 in which the applicant stated against the column 'items to be manufactured in NEPZ and annu...
Tag this Judgment!Geep Industrial Syndicate Vs. Collector of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-15-1994
Reported in: (1994)LC244Tri(Delhi)
1. This matter has come to the Tribunal as a result of Supreme Court's directions dated 13-11-1992 in Civil Appeal Nos. 2508-2509 of 1978.Relevant extracts from the same are reproduced below :- "The question before us is whether the flat forms rolled out from zinc ingots by the appellant are liable to the payment of excise duty. The description of the commodity in question given by the High Court shows that they are rough rolled flat forms. In our opinion, in order that these products can be subjected to the levy of excise duty, decision must be arrived at that these rough rolled flat forms were marketable commodities. It appears that the Tribunal and the lower authorities did not consider the evidence on record in order to determine the question whether the said products were marketable commodities. The High Court judgment clearly states that the revisional authority did not deal with the question as to whether rough rolled flat forms were marketable commodities or not. The High Cour...
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