Delhi Court May 1995 Judgments
Home Cases Delhi 1995 Page 8 of about 141 results (0.019 seconds)Meenakshi Vs. Ramesh Khanna and anr.
Court: Delhi
Reported in: 60(1995)DLT524; 1995RLR322
Arun Kumar, J. (1) Since a short point is involved, with the consent of the parties I have heard this matter in order to dispose of the same. (2) By the impugned order, the Additional Rent Controller has granted leave to contest the eviction petition to the respondents-tenants. The petitioner-landlady has challenged the said order of the Additional Rent Controller by way of present petition. The Additional Rent Controller granted leave to contest the eviction petition mainly on two grounds, i.e. ownership and bonafide need to the petitioner-landlady. (3) Briefly, the facts are that the petitioner is a tenant on the second floor vf the property in suit since 1st May, 1978. Previously. Smt. Kamlawati was the owner of the property. She died on 26th March, 1990. The petitioner is the daughter of Smt. Kamlawati and has always been residing in the same property Along with her mother. According to the petitioner, she has become the owner of the property in view of a Will of Smt. Kamlawati dat...
Tag this Judgment!Veer Construction Co. Vs. Saraswati Enclave
Court: Delhi
Reported in: 1995RLR420
Jaspal Singh, J.(1) The Special Conditions of Contract has a clause bearing No. 60. It reads : 'AFTER the payment of the amount of the final bill payable as aforesaid has been made, the Contractor may, if he so desires, reconsider his position in respect of the disputed portion of the final bill and take step for settlement of arbitration and if he fails to do so within 30 days, his disputed claim shall be deemed to have been waived and abandoned, by the Contractor.'Does this clause contain an arbitration agreement This question has led me to pen this order. (2) Before I venture to answer the question posed, let me say, by way of preliminaries, that though some judgments do lead one to believe that the so-called arbitration clause should be strictly construed, I do feel that such a clause cannot be treated as a class apart. Rather, it too has to be construed like any other clause of the Contract with a view to fathom the intention of the parties. To gather such an intention the court w...
Tag this Judgment!Shri Hans Raj Vs. Shri Charanjit Jawa and ors.
Court: Delhi
Reported in: II(1995)ACC262
Anil Dev Singh, J.1. The Motor Accident Claims Tribunal by its order dated August 4, 1994 awarded a sum of Rs. 8,000/- as interim compensation to the petitioner for permanent disability sustained by him as a result of the accident. The Tribunal while granting interim award has observed as follows:..Permanent disability certificate has been placed on file. He himself has also appeared as PW 1 and deposed regarding injuries sustained by him. Documents have also been duly inspected. In such circumstances grounds are made out for the grant of interim award. Keeping in view the nature of injuries, extent of permanent disability, certificate of which has been placed on file and part of the evidence has also been completed. Without prejudice to the claim of the petitioner and on the merits of the case I allow the claimant the interim award of Rs. 8,000/- against the respondents who are directed to deposit the same within 30 days from today, failing which interest shall be chargeable @ 12% per...
Tag this Judgment!Nahar International Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1996)(83)ELT110TriDel
1. This application seeking waiver of pre-deposit of duty of Rs. 42,14,067.86 and stay of its recovery proceedings has been filed with reference to Order-in-Original No. 98-CE/94, dated 26-12-1994 of Collector of Central Excise, Chandigarh. The issue involved is admissibility or otherwise of deemed credit in case of Iron and Steel scrap falling under the then Tariff Item 72.03 during the period May" 1986 to August, 1986.2. The appellants are engaged in the manufacture of steel ingots, billets. The appellants have stated that the inputs primarily are waste and scrap of iron and steel which they purchased from the open market.3. Arguing for the appellants Ld. Advocate submitted under Rule 57(A), the inputs they purchased and final products are notified items and therefore they were eligible to take credit of duty. They had been permitted to avail deemed credit on iron and steel scrap purchased from the open market without production of duty paying documents. This was permitted to them u...
Tag this Judgment!Reliance Jute and Industries Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1995)(80)ELT874TriDel
1. This appeal is directed against the order of the Collector (Appeals), Calcutta dated. 23-2-1985.2. The appellants had imported spare parts of Jute Mill Machinery which were assessed to duty under Heading 84.38(1) of the Customs Tariff Act, 1975. However, the assessment was revised and the products were held classifiable by the Assistant Collector under Heading 84.63(1). The appellants had contended before the Collector that the reclassification cannot be done by issue of notice under Section 142 of Customs Act, 1962 as the notice under Section 142 is a recovery proceedings. The department was required to issue a notice of short levy only under Section 28 of the Customs Act which had not been done within 6 months from the date of assessment and payment of duty and hence the proceedings itself was bad in law. The Bill of Entry had been assessed on 19-1-1984 and duty paid as per the assessment and, therefore, the revised classification by issue of show cause notice under Section 142 w...
Tag this Judgment!Aditya Mills Limited Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1995)(78)ELT755TriDel
1. This is an appeal filed against the Order-in-Original dated 8-7-1986 passed by the Additional Collector of Customs & Excise, Jaipur.2. The Central Excise Officer (Anti-Evasion) Division, Ajmer on 7-6-1985 paid a surprise visit to the factory premises of the appellants during the checking of the said godown it was observed that in addition to other yarns, yarns of following description and with markings on respective bales/bags as detailed below were lying :---------------------------------------------------------------------S. No. of Markings on cones and bags S. No. marked TotalNo.bags lying in Bonded store-room on bags---------------------------------------------------------------------1. 6 Polyester/Viscose 2/40s 104 to 109 of 300 Kgs 15/85 50 Kgs each2. 11 Polyester/Viscose 2/40s 46 to 52 = 7 550 Kgs 15/85 64 to 66 = 33. 11 Polyester/Viscose 35/65 51 to 61 550 Kgs 2/60s 50 Kgs each4. 45 Polyester/Cotton 65/35 1 to 21 = 21 2/40s 24 to 29 = 6 73 42 to 46 = 5 55 =1 3. On exami...
Tag this Judgment!Commissioner of Income Tax Vs. Chander Bhan Raj Kumar
Court: Delhi
Reported in: [1996]221ITR465(Delhi)
1. For asst. yr. 1973-74 the following question has been referred under s. 256(1) of the IT Act, 1961 (hereinafter referred to as the Act), by the Tribunal :"Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the order of the AAC deleting the disallowance of Rs. 10,220 under the kitchen expenses by observing that the provision of meals to the Beoparies by the assessee cannot be termed as entertainment expenditure ?"2. The assessee is a registered firm carrying on solely the business of acting as a commission agent in pulses. The total amount of commission received by the assessee was Rs. 1,14,221. The claim of the assessee was that under the conditions of its trade it had to run a sort of kitchen to provide meals for the various Beoparies who come to it from various places as of business necessity and a trade custom. In maintaining such a kitchen an expenditure of Rs. 10,220 was incurred which the assessee claimed as a deduction in...
Tag this Judgment!J.K. Razdan Vs. Delhi Development Authority
Court: Delhi
Reported in: 1995IIAD(Delhi)671; 59(1995)DLT60
C.M. Nayar, J.(1) The present writ petition has been filed for issuance of a writ of mandamus for directing the respondent to hold meetings of review D.P.C.(s) for the post of Superintending Engineer and further to the post of Chief Engineer in respect of all D.P.C.(s) subsequent to the D.P.C. wherein the name of the immediate junior of the petitioner in the grade of Executive Engineer was considered for promotion and, it found fit, to promote the petitioner with effect from the date he was found entitled to such promotion with all consequential benefits. (2) The petitioner joined the services of the respondent Delhi Development Authority, (hereinafter referred to as the 'Authority') on October 7, 1972 as an Assistant Engineer. Prior to that the petitioner was holding a commissioned rank in the Army having joined the same as Short Services Regular Commissioned Officer. It is alleged in the petition that after being released from the Army and at the time of joining the Authority, the pa...
Tag this Judgment!Jai NaraIn Verma Vs. Delhi Development Authority
Court: Delhi
Reported in: ILR1995Delhi562
Y.K. Sabharwal, J.(1) The petitioner is an employee of Delhi Development Authority (In short. the 'DDA'). At the relevant time, the petitioner was a lower division clerk. A charge sheet dated 7th April 1973 was served on the petitioner The statement of imputation pertain to incidents of 1969 and 1970. The allegations against the petitioner, in terms of the statement of imputation on the basis of which article of charge has been framed, are these : 'Allegation Shri Jai Narain was functioning as Rent Collector, J. J. Scheme, Najafgarh Road, Dda in the year 1969-70. The duty of Shri Jai Narain was only to collect rent or lease money from the allottees. The plot were allotted by the Executive Officer of the J. J. Scheme and the said Shri Jai Narain was not authorised to give possession of plots under the above scheme without competent authority. The said Shri Jai Narain collected money and issued the following receipts : 1.Receipt No. 390/38968 dated 29-7-70 for Rs. 152 in favor of Shri Ba...
Tag this Judgment!Collector of Customs Vs. Lucas T.V.S. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1995)(78)ELT689TriDel
1. This is a Revenue appeal against the order passed by the Collector (Appeals), Madras.2. By this order the Learned Collector has allowed the appellant's claim for refund on the ground that the consignment of Rotor Claw Forgings are in the nature of rough steel forgings correctly classifiable under Heading Nos. 73.33/40(1) of erstwhile Customs Tariff Act and assessable to duty in terms of C. No. 110/82, dated 10-4-1982 as amended.3. The Revenue is aggrieved with this order and they have submitted that the invoice description shows the forgings have specific part numbers and are manufactured according to the drawing. The Revenue further submitted that it is also seen from the drawings that the forgings have the shape of a finished article. Therefore, it has been submitted that the forgings have attained the essential characteristics of finished article and are classifiable by virtue of Rule 2(a) of rules for interpretation of Tariff Schedule. It has also been submitted that relying on...
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