Delhi Court September 1994 Judgments
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Girish Kumar JaIn Vs. Delhi Nagrik Sehkari Bank Ltd.
Court: Delhi
Decided on: Sep-15-1994
Reported in: 59(1995)DLT111
A.D. Singh, J. (1) This is a writ petition whereby the petitioner challenges the order of the Delhi Nagrik Sehkari Bank Ltd., (for short 'the bank') first respondent dated December 2, 1992 and a letter of the third respondent dated November 26,1992 as a result of which his services with the bank were terminated. The facts giving rise to this writ petition are as follows: (2) The petitioner applied to the bank for the post of clerk-cum-cashier/Field Inspector. In the application he mentioned his educational qualification as under: Intermediate - Delhi Board 1983 B.A. Maithili University Darbhanga -1987 Purusant to his application the petitioner was appointed as Clerk-Cum-Cashier by the Bank on April 6,1990. He joined duty on May 2, 1990. On August 13, 1991 the bank issued a memo. dated August 13, 1991 to the petitioner. This memo directed him to produce the original certificates of his educational qualifications within ten days. On August 24, 1991 the bank again issued a memo. to the pe...
Collector of Customs Vs. V.i. Office Equipment Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-14-1994
Reported in: (1994)LC582Tri(Delhi)
1. Misc. Application No. C/Misc/553/94-C has been filed by the Collector of Customs, requesting the Bench for taking on record the Test Report dated 23-6-1993 issued by the Chief Chemist, Central Revenue Control Laboratory; that this Test Report was made available to the Department only after the Collector (Appeals) has passed the impugned order. It was urged that this evidence was extremely important for arriving at the decision in this case the additional evidence may be allowed to be taken on record.2. Sh. Sharad Bhansali, the ld. SDR appeared for the applicant and Sh.N.C. Sogani, the ld. Consultant appeared for the respondent. Sh.Bhansali submitted that though it is a belated sort of effort, yet the test report is very material for deciding the issue judicially and coming to a judicious conclusion. Opposing the plea for admission of this additional evidence, Shri N.C. Sogani, the ld. Conslt. submitted that this report was not available to the lower authorities nor was it disclosed...
Manjit Sethi Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-14-1994
Reported in: (1996)(85)ELT121TriDel
1. Factual Background. - On 9-2-1991, a group of eight Indian Nationals arrived at Land Customs Station, Attari Road from Iraq/Kuwait and Shri Narinder Singh Sethi was leader of this group. He was holding Indian P.P. No. C-179312. They arrived in 8 motor cars, one of them named Ashok Kumar holder of Indian P.P. No. B-041216 also arrived along with this group in Mercedes car Model 1984 Registration No. 15393. After completion of health and Immigration formalities, he presented his baggage and the car for Customs clearance. The Customs Officer on duty asked him to declare the contents of his baggage and the goods imported/brought in the car No. 15393. He orally declared that he had items of his personal use, one colour T.V. AIWA and two-in-one cassette player. The baggage officer again asked him to declare if he had any contraband goods like gold, silver, drugs etc., concealed in his baggage, on his person or in the car brought by him to which he replied in negative. On examination of h...
Collector of Central Excise Vs. C.E.A.T. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-14-1994
Reported in: (1994)(74)ELT265TriDel
1. This is an appeal filed by the Revenue against the order of the Collector (Appeals), Pune dated 8-12-1993.2. The Learned DR stated that the Respondents are the manufacturers of 'tyres for motor vehicles' and a question has arisen whether in respect of the tyres of the specification 6.70-15. they were entitled to the benefit of exemption under Notification No. 41/89-C.E., dated 1-3-1989 (as amended) under Serial No. 2(ii) of the table annexed thereof or under Serial No. 3B(i) thereof.3. The distinction between the two entries is that the Serial No. 2 provides the effective rate of duty in respect of the tyres for Saloon cars of Rim sizes specified therein whereas the Serial No. 3 provides the effective rates in respect of tyres for motor vehicles other than the Serial Nos. 1 & 2 above to the specified sizes.4. It was the department's contention that the Learned Collector has erred in granting the benefit under Serial No. 2(ii) because the specified rim sizes of the goods in ques...
NizamuddIn Vs. the State
Court: Delhi
Decided on: Sep-14-1994
Reported in: 1995(1)ALT(Cri)9
1. This appeal is directed against the judgment of Mr. S. L. Khanna, Additional Sessions Judge dated 3rd May, 1990. By which the appellant was convicted under section 20 of the Narcotic Drugs and Psychotropic Substances Act and was sentenced to 10 years rigorous imprisonment and imposed a fine of Rs. 1,00,000/- (One lakh). In default of payment of fine, the accused was further directed to undergo rigorous imprisonment for the period of two years. 2. Brief facts necessary to dispose of this appeal are recapitulated as under : The Inspector S. P. Singh received information that one Nizamuddin R/o Govind Puri, Kalkaji, New Delhi was dealing in Charas. Inspector S. P. Singh, deputed the informer and one official of the Crime Branch to verify the information. On 19th December, 1987 at about 7.30 p.m. Inspector S. P. Singh received a secret information at the office of Crime Branch that Nizamuddin, appellant would supply charas to some body at 10.00 p.m. at Govind Puri, Kalkaji, New Delhi. I...
Hari Ram Vs. State
Court: Delhi
Decided on: Sep-14-1994
Reported in: 1995(1)ALT(Cri)11; 1995CriLJ3152
ORDER1. This revision petition under Sections 397, 401 of the Cr.P.C. has been filed against the judgment dated 17-12-1979 passed by Mr. R. D. Aggarwal, Additional Sessions Judge, Delhi up-holding the conviction of the petitioner under Sections 337, 378 of the I.P.C. and sentenced the petitioner to six months of R.I. under Sections 337 and 338 of I.P.C. and fine of Rs. 500/- was imposed on him. It is, further mentioned that in case the fine was realised, then Rs. 450/- will be paid in equal share to Master Sonu and Darshan Lal injured and legal heirs of deceased Krishan Chand. 2. Brief facts necessary to dispose of this petition are recapitulated as under : 3. On 15-11-1973, and accident took place between truck No. PUJ 6477 driven by the accused and Car. No. DHC 434 as a result of which Darshan Lal, Master Sonu and Krishan Chand received injuries. Krishan Chand died on 20th November, 1973. Learned counsel appearing for the petitioner submitted that the conviction or the petitioner und...
Skipper Vs. Atma Ram Properties Pvt. Ltd.
Court: Delhi
Decided on: Sep-14-1994
Reported in: 1994IVAD(Delhi)97; 56(1994)DLT514
(1) 'THE defendant in this petition filed under Article 227 of the Constitution of India has questioned the order passed on 28.4.1994 by Shri Vinay Kumar Khanna, Sub Judge, Delhi in an application under Order 7 Rule 11 of the Code of Civil Procedure. Present: Mr. Davinder Gupta, J. SKIPPER-Petitioner versus Atma Ram Properties PVT. LTD. -Respondent Cm (M) 226 of 1994-Decided on 14.9.1994 Constitution of India, 1950 - Art. 226 - Civil Procedure Code, 1908 - Order 7 Rule Ii - Rejection of Plaint - Application under - Treated as written statement - Proper valuation - Has to be decided on the basis of the averments made in the plaint - Framing of issue on that score - Whether the Trial Court erred on both Counts - (Yes). Held: As and when an application is made by the defendant for rejection of the plaint on any of the grounds enumerated in Rule 11 of Order 7 or on any other ground available in law, the said application cannot be treated as a written statement. The Court while passing the ...
Collector of C. Excise Vs. Triveni Sheet Glass Works
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-13-1994
Reported in: (1994)LC74Tri(Delhi)
1. The brief facts of the case are that the respondents herein preferred a refund claim for Rs. l,30,902.43p on account of Central Excise duty paid on Sodium Sulphate under Tariff Item No. 68, used in the manufacture of Glass sheets falling under Tariff Item 23-A as they could not avail of the set off as per Notification No. 178/77, dated 18-6-1977. The claim filed on 7-11-1979 relating to the period 18-6-1977 to 30-6-1979 was rejected by the Assistant Collector on the ground that the respondents had not satisfied the conditions stipulated in the notification (as amended by Notification No. 295/77, dated 28-9-1977) of furnishing to the proper officer a statement showing the quantity of inputs used in the manufacture of every unit of Sheet glass. The lower Appellate Authority allowed the appeal of the respondents, holding that the finding of the Adjudicating Authority that Notification No. 178/77 did not permit accumulation of the amount to be set off is erroneous. The Collector (Appea...
State Through Central Bureau of Investigation Vs. K. Chandra
Court: Delhi
Decided on: Sep-13-1994
Reported in: 1994IVAD(Delhi)65; 1994(31)DRJ405
Arun Kumar, J. (1) The present petition has been filed under Section 482 Crl.P.C. by the State against the order dated 12th July 1994 passed by Shri V.B.Gupta, Special Judge, Delhi, granting permission to the respondent to go to U.S.A., Germany and Taiwan with effect from 15th September 1994 to 31st October 1994. The permission has been granted subject to certain conditions spelled out in the impugned order. (2) The respondent was arrested on 7.8.1992 by the C.B.I, in case R.C.No.2(A)/92 but was granted bail on 29th September 1992 by this Court. One of the conditions of bail was that the respondent shall not leave the country without prior permission of the Court. The respondent applied for permission to go to abroad which was granted by the Special Judge vide order dated 17.3.1993. However, on 18.3.1993 he was arrested in connection with another case R.C.No.4(A)/92. In the said case also he was granted bail on 29.3.1993. (3) The respondent made applications in both the cases for permi...
Eicher Motors Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-12-1994
Reported in: (1994)LC44Tri(Delhi)
1. The appellants entered into a joint venture agreement dated 26th June, 1985 with M/s. Mitsubishi Motors Corporation and M/s. Mitsubishi Corporation of Japan for the manufacture of light commercial vehicles.In terms of the said agreement the foreign collaborators were to contribute 15% of the share capital of the appellants' company and they were also authorised to nominate two Directors on the Board of the appellant company. The appellants also entered into a Technical Assistance Agreement dated 4th October, 1982 with 'MMC'. In accordance with the Industrial Licence granted to them by the Government for undertaking phased manufacturing of 'LCV, from February, 1986, the appellants commenced importation of CKD components of 'LCV, spare parts and warranty spare parts.2. Pending a decision on the question of acceptability of the invoice values, the customs authorities decided to allow the clearance of goods imported by the appellants from their collaborators on provisional basis after ...
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