Delhi Court April 1995 Judgments
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Sandeep Malik Vs. Union of India and anr.
Court: Delhi
Decided on: Apr-06-1995
Reported in: 1995IIAD(Delhi)209; 1995(34)DRJ9
Vijender Jain, J. (1) Petitioner was posted on, Indo-Bangladesh Border. He was charged that he raped a Bangladeshi minor girl named Ms.Razia Khatoon. Thereafter, he was court- maratialled, found guilty and sentenced to undergo R.I. for 4 years and dismissal from service.(2) The petitioner was tried by General Security Force Court under Sec.47 of the Border Security Force Act read with Sec.376 IPC. The statutory petition before respondent no.2 / Director General of Bsf was also rejected.(3) MR.R.P.SHARMA learned counsel for the petitioner has argued that no investigation and hearing of the charge as contemplated by Bsf Rule 45 was done. In support of his contention Mr.Sharma has cited Lt.Col.Prithi Pal Singh Bedi v. Union of India : 1983CriLJ647 wherein it was held that Rule 45 was mandatory. The petitioner has challenged the procedure adopted by the Tribunal and assailed its findings about the identity, antecedents, credentials of minor girl, her mother and the doctor as all of them we...
Collector of Central Excise Vs. S.K.G. Sugar Mills Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-05-1995
Reported in: (1995)LC498Tri(Delhi)
1. This appeal is by the Collector of Central Excise, Patna against the Order of the Collector of Central Excise (Appeals), Calcutta. The facts leading to the appeal are briefly these.2. The Respondent submitted a claim of rebate of duty on excess-production by it on 6545 quintals of sugar in terms of Notification 203/72-C.E., as amended. This Notification provides for rebate on sugar produced from 1-3-1973 to 30-4-1973 which is an excess of the sugar produced during the corresponding period 1972.3. The Assistant Collector, Mazaffarpur reduced rebate claimed by Rs. 8,860/- on the ground that the sugar produced during the period from 1-3-1972 to 30-4-1972 was 3171 quintals and not 2645 quintals as claimed by the Respondent. In appeal, the Collector (Appeals) over-ruled the Assistant Collector of Central Excise. He observed that in the month of March/April, 1972, the appellant produced 3717 quintals of sugar of which 2479 quintals was unmarketable. This quantity was re-processed in 1973...
Purolator India Limited Vs. Collector of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Apr-05-1995
Reported in: (1996)(85)ELT275TriDel
1. The appellants have a factory at Plot No. 14 in Sector 1 of Parwanoo, Himachal Pradesh. It is a factory registered under the Factories Act, 1948 and also licensed under Central Excise for manufacture of filters of various types. They also hired another industrial shed at Plot No. 19F in Sector-2, Parwanoo and manufactured filters falling under Item 68 Central Excise Tariff by employing less then 10 workers. They approached the Central Excise Authority for exemption for the goods manufactured at the premises No. 19F Sector-2, under Notification No. 46/81. This notification exempts from Central Excise duty goods manufactured in other than a factory as defined under Section 2(m) of Factories Act, 1948. The Assistant Collector of Central Excise, Chandigarh by his communication dated 24-3-1984, held that the appellants unit at Sector 1, Parwanoo is registered under the [Factories] Act, 1948 and that the new unit at Sector 2 is within the appellants fold and that the new unit is simply a...
M/S. Nath Bros. Exim International Ltd. Vs. Union of India
Court: Delhi
Decided on: Apr-05-1995
Reported in: AIR1995Delhi280
ORDER1. The present writ petition has been filed for issuance of appropriate writ, order or direction to the respondents to issue Export House Certificate (for short EHC) valid till March 31, 1993 and for quashing the orders of respondent No. 2, dated April 14, 1992 rejecting the appeal of the petitioner against the order dated June 15, 1991 of the Controller acting on behalf of Chief Controller of Imports and Exports, respondent No. 3 herein.2. The petitioner is a Small Scale Industry (SSI) registered Exporter and had held Export House Certificate dated April 15, 1987, which was valid till March 31, 1990, under the Long Term Import-Export Policy 1985-88. On the expiry of the said EHC, the petitioner was entitled to have the said certificate renewed in accordance with the eligibility for issuance of such a certificate, as laid down in the Long Term Policy for 1988-91, Volume I, Para 217. The petitioner applied to respondent No. 3 on April 11, 1990 and on April 16, 1990 for renewal of t...
Harish Chander and Billa Vs. State
Court: Delhi
Decided on: Apr-05-1995
Reported in: 1995IIAD(Delhi)176; 1995CriLJ3036; 1995(3)Crimes189; 1995(33)DRJ424
S.D. Pandit, J.1. These two appeals are preferred by the original accused Nos. 1 & 2 in Sessions Case No. 19/86, both these appeals are being disposed by this common judgment.2. Appellants Harish Chand @ Billa son of Banarsi Dass and Kamla, widow of Late Ratan Lal stand convicted of the offence punishable under Section 302, read with Section 34 of the Indian Penal Code and each of them is sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000/- and in default to suffer R.I. for one year.3. It is the case of the prosecution that appellant Kamla widow of victim Ratan Lal had got illicit relations with appellant Harish Chander and on account of these illicit relations they hatched a plan to kill Kamla's husband Ratan Lal. As per the said plan appellant Harish Chander took Ratan Lal in the evening of 14-8-85 and gave him liquor and made him completely drunk. In the night deceased Ratan Lal used to sleep outside his house bearing No. WZ-1014, Mangal Rai, Pankha Road, New Del...
Gulab Singh Vs. the State
Court: Delhi
Decided on: Apr-05-1995
Reported in: 1995IIAD(Delhi)129
P.K. Bahri, J. 1. Gulab Singh s/o Shri Jiwan Lal, presently aged about 45 years, has been convicted of an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life for having caused the murder of one Khushal Chand on August 17, 1988, at about 10.30 P.M. vide judgment dated April 9, 1991, of an Additional Sessions Judge, Delhi. He has filed the present appeal challenging his conviction and the sentence. 2. Facts as alleged by the prosecution, in brief, are that Khushal chand was residing with his wife Asha Rani and the Children in house No. A-1/95. Sector IV, Rohini, at the relevant period. On August 17, 1988, Khushal Chand had gone to PW4 Bhudev Singh, who was vending fruit juice in Avantika on the footpath at 10.30 P.M. and has procured two glasses of fruit juice from PW4 and thereafter leaving his two wheeler scooter at the said place and walked across 70-80 feet wide road and came to the business place of appellant, who was having f...
Nath Bros. Exim International Ltd. Vs. Union of India
Court: Delhi
Decided on: Apr-05-1995
Reported in: 1995(78)ELT437(Del)
ORDER1. The present writ petition has been filed for issuance of appropriate writ, order or direction to the respondents to issue Export House Certificate (for short EHC) valid till March 31, 1993 and for quashing the orders of respondent No. 2 dated April 4, 1992 rejection the appeal of the petitioner against the order dated June 15, 1991 of the Controller acting on behalf of Chief Controller of Imports & Exports, respondent No. 3 herein.2.The petitioner is a Small Scale Industry (SSI) registered Exporter and had held Export House Certificate dated April 15, 1987, which was valid will March 31, 1990, under the Long Term Import-Export Policy 1985-88. On the expiry of the said EHC, the petitioner was entitled to have the said certificate renewed in accordance with the eligibility for issuance of such a certificate, as laid down in the Long Term Policy for 1988-91, Volume I, Para 217. The petitioner applied to respondent No. 3 on April 11, 1990 and on April 16, 1990 for renewal of the sa...
State Trading Corporation of India Vs. Stora Kvanransveden Ab and ors.
Court: Delhi
Decided on: Apr-05-1995
Reported in: 58(1995)DLT515
N.G. Nandi, J. (1) In the petition under Section 33 of the Indian Arbitration Act (hereinafter referred to as 'the Act'), seeking declaration that there is no valid arbitration agreement between the petitioner and respondent No. 1; that the alleged arbitration agreement contained in the proposed contract is of no effect; a declaration that there is no contract and/or privity of contract much less a valid arbitration agreement between the petitioner and respondents 2-4; that the Indian Council of Arbitration has no jurisdiction to arbitrate on the claims against the petitioner, of respondents 1-4, as contained in the statement of claim filed before the ICA in matter titled 'Stora Kvarnasvenden Ab and Ors. v. Stc of India Ltd.'Case No. 1CA/AC/452; and that the arbitration proceeding before the Indian Council of Arbitration in Case No. 1CA/AC452 is illegal and without jurisdiction,on the grounds that there is no arbitration agreement between the petitioner andrespondent No. 1 and there is...
Rajbir Singh Vs. S.K.S. Yadav
Court: Delhi
Decided on: Apr-05-1995
Reported in: 58(1995)DLT687; 1995(34)DRJ40; (1995)111PLR28
P.K. Bahri, J. (1) This writ petition has been filed seeking quashment of the order dated August 26, 1993, passed by respondent No. 1 and for quashing of the proceedings being continned by Respondent No.1.(2) Facts of the case, in brief, are that the petitioner while in employment of Respondents 2 & 3 had suffered permanent injury by accident arising out of and in course of this employment whereby his right hand was crushed and was amputated from the wrist. As the petitioner was not given any compensation by the employer, thus he filed a claim for compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). Vide order dated January 18, 1993, a lumpsum amount of Rs.54,740.00 was allowed to the petitioner as compensation and in addition, a penalty of 50% of the amount was imposed. Interest @ 6% per annum was also levied till the payment was to be made. The petitioner was also awarded Rs.2,000.00 as litigation expenses.(3) It appears that the Management ...
Deepak Dewan Vs. Income Tax Officer.
Court: Delhi
Decided on: Apr-05-1995
Reported in: (1996)54TTJ(Del)567
ORDERMANZOOR AHMED BAKHSHI, J. M. :The appeal of the assessed is directed against the order dt. 24th Dec., 1993 and the dispute is relating to the addition of Rs. 10 lakhs on account of alleged investment in the purchase of a lottery ticket. assessed is an individual. assessed claimed to have won the first prize of Rs. 10 lakhs of Manipur State Lottery Super Bumper Draw of the Government of Manipur during the previous year relevant to asst. yr. 1984-85. A return of income had been filed on 30th Sept., 1985 declaring income of Rs. 2,95,570 which was later on revised on 27th March, 1986 declaring income of Rs. 4,47,750. Assessing Officer (AO) had completed the assessment under s. 143(3) vide order dt. 24th March, 1987 on an income of Rs. 14,47,749. The addition of Rs. 10 lakh had been made by the AO on the ground that assessed was not the actual winner of the lottery and that the prize winning ticket had been purchased by the assessed from the actual winner of the lottery. The purchase p...
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