Delhi Court September 1994 Judgments
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Saraswati Construction Company Vs. East Delhi Co-operative Group Housi ...
Court: Delhi
Decided on: Sep-12-1994
Reported in: 57(1995)DLT343; 1994RLR458
P.K. Bahri, J. (1) This is a petition under Section 20 of the Arbitration Act requiring the filing of the agreement in Court and for appointment of arbitrator inaccordance with the terms of the arbitration clause and for reference of disputes raised in the petition to the Arbitrator for deciding the same in accordance withlaw.(2) There has been a contract between the parties which contains an arbitration clause to the following effect. 'ALL disputes and differences of any kind whatever arising out of or in connection with the conduct of the carrying out of the works (whether during the progress of the works or after their completion, and whether before or after the determination, abandonment or breach of the contract) shall be referred to and settled by the architects who shall state their decision inwriting. Such decision may be in the form of a final certificate or otherwise.The decision of the Architect with respect to any of the excepted matters shall be final and without Appeal as...
Satyawati G. Mohatta Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-11-1994
Reported in: 1994(31)DRJ102
D.P. Wadhwa, J.(1) This appeal under section 54 of the Land Acquisition Act, 1894 for short 'the Act') is directed against judgment dated 17 April 1969 of the learned Additional District Judge, Delhi, on a reference made to him under section 18 of the Act. The appellants pray that the compensation of Rs.l6,388.00 awarded to them by the Land Acquisition Collector and upheld by the Additional District Judge, Delhi, be enhanced to Rs.65,000/. (2) Land of the appellants measuring 630 square yards at Malka Ganj, Subzi Mandi, Delhi, was acquired for the construction of the M.B. School of the Municipal Corporation of Delhi. A notification under section 4 of the Act was issued on 11 April 1955 and declaration under section 6 was issued on 6 March 1961. The Land Acquisition Collector gave his award No. 1208 dated 12 October 1961 and fixed the market value of the land at Rs.26.00 per square yard. He further directed that out of the compensation so awarded, 25% of the same would be payable to the...
Ranbaxy Lab. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-09-1994
Reported in: (1994)(74)ELT105TriDel
1. This is an appeal against the order of Collector (Appeals), Chandigarh dated 30-9-1992.2. Ld. Counsel stated that the appellants are engaged in the manufacture of organic chemicals and were securing the same in the shape of bulk drugs at concessional rate under Notification No. 31/88.3. The main question involved in this case is as to whether they had rightly availed the benefit of this notification and whether in this connection they were required to produce End-use Certificate.4. The proceedings against the appellants have been initiated in view of the Circular No. 8/90-CX-III dated 6-3-1990 issued by CBEC which prescribed at that End-use Certificate was required for the purpose of availing the benefit of this notification.5. However, CBEC itself has in a recent circular No. 26/94-CX VI dated 30-3-1994 reported in 1994 (70) E.L.T. T-28 to T-30 has referred to the above circular and clarified that the End-use Certificate may be insisted upon only in respect of other bulk drugs men...
Steel Crafts Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-09-1994
Reported in: (1995)LC96Tri(Delhi)
1. M/s. Steel Crafts, Hubli have filed the present appeal, being aggrieved with the Order-in-Original No. 1/85, dt. 6-2-1985, passed by the Additional Collector of Central Excise, Belgaum.2. The appellants were engaged in the manufacture of Trailers, classifiable under Item No. 34III of the erstwhile First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the Tariff'). On investigation and verification it was found that in addition to the declared prices for the trailers, extra amounts were collected by the manufacturer from their customers, by issuing separate invoices for certain items/fittings which were fitted/fixed to the trailers. In the show-cause notice dt. 31-5-1984 it was alleged that they had evaded central excise duty amounting to Rs. 54,954.27 during the period 9-4-1983 to 23-1-1984. The Addl. Collector of Central Excise, Belgaum, who adjudicated the matter, came to a finding that the value of the items (1) Heavy duty axle, (2) Show Grill, (3)...
C. L. JaIn Woollen Mills Vs. Union of India
Court: Delhi
Decided on: Sep-09-1994
Reported in: 1995(79)ELT197(Del)
D.P. Wadhwa, J.1. The petitioner, a partnership firm engaged in the manufacture of various types of yarns and fabrics and having an industry in Punjab, has filed this petition under Article 226 of the Constitution praying that a writ of certiorari or any other appropriate order of direction be issued calling upon the respondents to produce the record pertaining to clearance of 7821 kgs. of polyester filament yarn imported by the petitioner and sought to be cleared for home consumption against Bill of Entry No. 110822, dated 30th [sic] February 1990 imported in pursuance to Additional license No. P/L/3362086 dated 12 April 1989, and to quash the orders of (1) the Customs Authority confiscating the goods and imposing penalty on the petitioner and (2) that of Import Trade Control Authority enhancing the export obligation from 14,497.5 kgs. to 22,230 kgs. of polyester fabric. There are four respondents, these being Union of India in the Ministry of Finance; Collector of Customs, New Delhi;...
Dimple Vs. Union of India
Court: Delhi
Decided on: Sep-09-1994
Reported in: 1995(76)ELT512(Del)
ORDER1. By this petition filed under Article 226 of the Constitution, the Petitioner seeks a direction to the respondents to give effect to the Order No. KDL/Collr./19/94, dated 15th March, 1994 passed by the Collector of Customs, Customs House, Kandla, by which the proceedings initiated by show cause notice dated 10 January 1994 were dropped. The net result would be that the petitioner would be entitled to endorsement on his DEEC Book as per Import Export Regulations and under the provisions of the Customs Act. When this matter came up before us it was pointed out by the respondents that an appeal was being contemplated against the order of the Collector of Customs. A direction was, thereforee, issued that the appeal be filed before the Tribunal and interim orders obtained. We are told that the application seeking stay of the order of the Collector of Customs has been dismissed by the CEGAT on 30 August 1994 (Since reported in . In this view of the matter Mr. Ganguli submits that the ...
Commissioner of Income-tax Vs. Northern India Iron and Steel Co. Ltd.
Court: Delhi
Decided on: Sep-09-1994
Reported in: 1994IVAD(Delhi)265; 1994(31)DRJ434; [1995]211ITR370(Delhi)
K. Shivashankar Bhat, J. 1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following questions to this court under section 256(1) of the Income-tax Act, 1961, in a proceeding for the assessment year 1971-72 : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the lease money of Rs. 8,80,000 received by the assessed during the assessment year 1971-72 was assessable under section 28 of the Income-tax Act, 1961, as 'income from business'? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the assessed-company was entitled to development rebate on new machinery installed during the accounting period relevant to the assessment year 1971-72 which was leased out?' 2. The assessed company owned a factory in Faridabad; wherein it had installed machinery, etc., for manufacturing various items of iron and steel including heavy castings....
Kesari Steels Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-1994
Reported in: (1994)LC407Tri(Delhi)
1. Shri Y.N. Chopra, learned Consultant is present on behalf of the appellants. He states that he does not have any information as to the present status of the Writ Petition filed by them before the Honourable High Court of Madhya Pradesh at Indore challenging the order of the Collector of Central Excise (Appeals) New Delhi which is the subject matter of the present appeal also. In view of the decision that we intend taking in the matter, we propose to hear both sides and dispose of the appeal without further waiting for the outcome of the Writ Petition in question.2. Shri Chopra, learned Consultant stated that their case is fully covered on merits as well as on the question of limitation. Modvat credit had been denied to them in respect of ramming mass used by them in the manufacture of their final products cleared on payment of duty.The larger Bench decision in the case of A.B. Tools v. Collector of Central Excise reported in - and the Calcutta High Court judgment in Singh Alloys St...
Gagret Woollen Mills Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-08-1994
Reported in: (1994)(48)ECC128
1. Appellants imported bales containing woollen rags. They have claimed clearance of the aforesaid goods under O.G.L. at entry No. 626, Appendix 6, List 8, Part I of AM. 1988-91 Policy. Condition of the Import Export Policy stipulate that import of woollen/synthetic rags is allowed in completely pre-mutilated condition. Initially 20% of the goods were examined by dock staff under the supervision of A.C. Docks and found to be completely pre-mutilated. Clearance of the goods was allowed subject to taking delivery in the presence of the Dock staff.Later on, information was received that new fabrics and serviceable garments are concealed in the bales. 100% goods were examined and according to the Department, Importer has declared the goods as woollen rags, whereas on examination these were found to be containing synthetic, cotton and blended garments in intact pieces and nylon fabric in running and bales were packed with mala fide intention in such a way that the goods other than woollen ...
Rawat Mal JaIn Vs. Delhi Development Authority and Others
Court: Delhi
Decided on: Sep-08-1994
Reported in: 1994IVAD(Delhi)749; AIR1995Delhi105; 55(1994)DLT726; 1994(31)DRJ130
ORDERAnil Dev Singh, J. 1. This order will dispose of three appeals being FAO (OS) Nos. 190, 191 and 192 of 1994 arising out of the order dated July 19, 1994 of the learned single Judge in I.A. No. 262/93 in Suit No. 105 of 1993 with I.As. 266, 263, 264, 265, 261, 267, 284 and 690 of 1993 in Suits Nos. 100, 101, 102, 103, 104, 106, 109 and 241 of 1993 respectively. Since the same question arises in the three appeals, it will be sufficient if the facts of one case are stated for thepurpose of disposal of these appeals. For this purpose we will give facts of Suit No. 100 of 1993, which are as under: 2. A suit for the grant of permanent injunction was filed by the appellants against Delhi Development Authority, respondent No. 1. Municipal Corporation of Delhi, respondent No. 2 and the Union of India, respondent No. 3. It is claimed in the plaint that the appellant No. 1 Rawat Mal Jain, purchased 1000 sq. yards of land situated in Khasra No. 241 (Min 1-00) Ladha Sarai, Mehrauli Gurgaon Roa...
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