Delhi Court May 1995 Judgments
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Vikram Laminators Pvt. Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-12-1995
Reported in: (1995)(79)ELT147TriDel
1. This is an appeal filed by Vikram Laminators Pvt. Ltd., against the impugned order dated 19-8-1993 passed by the Collector of Central Excise (Appeals), Pune.2. The dispute relates to the applicability of exemption Notification No. 175/86 particularly with reference to para 4(b) of the said Notification. Para 4 of the said Notification is as under :- "4. The exemption contained in this notification shall be applicable only to a factory which is an undertaking registered with the Director of Industries in any State or the Development Commissioner (Small Scale Industries) as a small scale industry under the provisions of the Industries (Development and Regulations) Act, 1951 (65 of 1951): Provided that nothing contained in this paragraph shall be applicable; (a) in case where the value of clearances from a factory during the preceding financial year or in the current financial year did not exceed or is not likely to exceed rupees seven and a half lakhs ; or (b) in a case where a manuf...
Food Corporation of India Vs. M/S. Arosan Enterprises Ltd. and Another
Court: Delhi
Decided on: May-12-1995
Reported in: 1995IIAD(Delhi)505; AIR1996Delhi126; 1995(1)ARBLR585(Delhi); 1995(33)DRJ648
ORDERY. K. Sabharwal, J.1. The Union of India (UOI) floated on 4th October, 1989 a tender for purchase of sugar to meet the urgent requirement of sugar in the Indian Market for the ensuing November, 1989 Dussehra/Dipawali festival season, M/s. Arosan Enterprises Ltd. (hereinafter referred as the Seller) offered to supply 1 lac metric tonne of sugar at the rate of US $ 480 per metric tonne C. I. F. delivery within 30 days of the receipt of letter of credit. The Seller informed the Ministry of Food on 19th October, 1989 that sugar is lying ready for dispatch on ships afloat high seas and the same could be delivered at Indian ports before 31st October, 1989. On 23rdOctober, 1989 the Seller agreed to the contract for floating cargo on standard terms and conditions of contract. On 24th October, 1989 the Seller confirmed to the Joint Secretary (Sugar), Department of Food, Government of India, the price for the sugar to be supplied by it at US S 480 per metric tonne C.I.F. The offer was accep...
Ram Babu and anr. Vs. Municipal Corporation of Delhi and ors.
Court: Delhi
Decided on: May-12-1995
Reported in: 1995(35)DRJ453
Usha Mehra, J.(1) SH.RAM Babu has sought permanent and mandatory injunction against the Municipal Corporation of Delhi (in Short M.C.D.) and Delhi Development Authority (in short DDA). Along with the said suit the plaintiff vide the present application has sought ad- interim injunction. (2) PLAINTIFF'S main grievance is that he has been carrying on his distribution of Kerosene Oil business in the shop bearing No.11667 Gali No.2, Sant Nagar, Karol Bagh, since January,1988. Plaintiffs have been paying damages charges and have been assessed to property tax since 1954. The defendant Mcd through its Engineer defendant No.2 has now threatened to demolish this property which is in existence for the last more than 30 years. No notice of demolition has been served. Even the water and electricity connections have been installed in these premises. The threat of demolition is on account of alleged road widening of road Ganga Mandir Marg, Sant Nagar, Prashad Nagar, Karol Bagh, New Delhi, by the MCD...
Suraj S.J. Bahadur Vs. Shakji S.J. Bahadur
Court: Delhi
Decided on: May-12-1995
Reported in: 1995(34)DRJ224
Usha Mehra, J. (1) The plaintiff has sought the amendment of his plaint by this application. He wants to incorporate in detail the facts regarding setting up of a 'Will' dated 10.7.1981 by the defendant and also the family arrangement arrived at between him and the defendant No.1 during the lifetime of his father dated 26.2.1958. (2) In order to appreciate the relevant contention raised by the parties at the Bar, the brief and necessary facts for the determination of this application have to be looked into, which are based on the fact that the plaintiff has sought for partition of the joint family properties. In para 5 of the plaint, he had pleaded that his father constituted a joint Hindu family consisting of his sons and himself as Karta. After executing a family arrangement whereby 15 acres of orchard land situated in village Jamalpur, District Gurdaspur vested with the plaintiff. The value of this orchard was assessed at Rs. 30,000.00 Orchard land was given to the plaintiff because...
Modipon Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: May-10-1995
Reported in: (1995)54ITD433(Delhi)
1. We are disposing of these cross appeals, one by the assessee and one by the revenue, relating to assessment year 1986-87 and directed against the order dated 31st March, 1992 of CIT(A)-XIL New Delhi, by this consolidated order.2. Assessee is a limited company in which public are substantially interested. For assessment year 1986-87 return of income declaring income of Rs. 2,70,51,718 had been filed by the assessee. The Assessing Officer vide letter dated 30th March, 1989 completed the assessment at an income of Rs. 21,67,66,940. The CIT(A) allowed partial relief.Assessee as well as the revenue is in appeal before us. Rival contentions have been heard and records perused.3. First ground of appeal relates to the action of the Assessing Officer for assessing the income of M/s. Indofil Chemicals Ltd. with the income of the assessee on protective basis. Assessee had claimed M/s Indofil Chemicals Ltd. had been amalgamated with it from 1-7-1982.However, the Assessing Officer held that nec...
international Airport Authority of India Vs. Arvind Khanna
Court: Delhi
Decided on: May-10-1995
Reported in: 1995IIAD(Delhi)549; 59(1995)DLT223; 1995(33)DRJ629; 1995RLR416
D.K. Jain, J. (1) This appeal, under Section 10 of the Delhi High Court Act, 1966 read with Section 104 and Order 43 Rule 1(d) of the Code of Civil Procedure, is directed against the order dated 16 August 1993 of the learned Single Judge dismissing the appellant's application No.7158/93 (under Order 9 Rule 13 CPC) in Suit No.2069/92 for setting aside the decree dated 4 August 1993 made under order 8 Rule 10 Civil Procedure Code for default in not filing the written statement by the defendant - appellant herein.(2) It appears that the plaintiff/respondent was engaged by the appellant as a contractor/agent for operation of electronic Pabx telephone exchange at t he Indira Gandhi International Airport New Delhi. The respondent had agreed to operate the Std pay phones installed at the said airport w.e.f. 6 January 1990. From 6 January 1990 to 14 April 1992 Mahanagar Telephone Nigam Limited raised a bill for the Std pay phone booths operated by the respondent at Rs. 1,58,00,691.00 , against...
Kuldeep Singh Vs. Union of India and ors.
Court: Delhi
Decided on: May-10-1995
Reported in: 1995IIAD(Delhi)544; 1995CriLJ3737; 1995(4)Crimes101; 59(1995)DLT54; 1995(33)DRJ633; 1995LC34(Delhi)
D.K. Jain, J.(1) The petitioner was detained by virtue of an order passed on 12 January 1993 by the Lt. Governor of National Capital Territory of Delhi in exercise of powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the COFEPOSA).(2) On 6 June 1992 the petitioner, holder of an Indian passport, arrived from Dubai and after completing immigration formalities, opted to walk through the green channel but at the exit gate he was intercepted by an Air Customs Officer and was diverted for screening of his baggage. On examination he was found to be carrying 42 pieces of Gold of 24 carat purity, collectively weighing 500 grams valued at Rs.2,57,500 (M.V.), concealed in brickets of handles of the suitcase and briefcase, in a compact powder box and in a digital alarm clock, belonging to him and these were seized. His passport, air ticket, baggage tags etc. were also impounded. Petitioner's statement was recorded u...
Darshan Lal Alias Bhola Vs. Union of India and Another
Court: Delhi
Decided on: May-09-1995
Reported in: AIR1996Delhi53
ORDERDr. M. K. Sharma, J.1. This writ petition by the petitioner is directed against stoppage of payment of relief assistance of Rs. 1,000/- per month to the petitioner which was being paid to him up to February, 1993 and illegally stopped thereafter against the provisions of law. The petitioner claims himself to be a migrant from Punjab and is living in Delhi with his family. According to the petitioner he is an original resident of Punjab and migrated from Ludhiana, Punjab to Delhi in the year 1988 in view of the terror posed by the extremists. It is stated that keeping in view the situation of Punjab the Government at Delhi opened a Special Cell for registration of migrants of Punjab in the office of Deputy Commissioner to provide them shelter, food and medical aid, wherein the petitioner along with his family members got registered on depositing a ration card No. 434387 issued at Ludhiana. After due enquiry and verification about the petitioner and his family the respondent granted...
Vijay Kumar and anr. Vs. State
Court: Delhi
Decided on: May-09-1995
Reported in: 1995IIAD(Delhi)523; 1996CriLJ2429; 1995(4)Crimes189; 60(1995)DLT261
P.K. Bahri, J.(1) Vijay Kumar and Prem Singh, two cousin brothers, have been convicted of offence punishable under Section 302 read with Section 34 I.P.C. by an Additional Sessions Judge vide his judgment dated November 5, 1988, they have been sentenced to undergo imprisonment for life each. They have filed this appeal challenging their conviction and the sentences. (2) Facts of the case are that deceased Balbir was married to PW23-Premwati about 23 or 24 years earlier and five children had been born in this wedlock. Premwati, Public Witness 3, was residing in House No. 34-35, 'G Block, Vishnu Garden, Tilak Nagar, New Delhi with her children. Vijay, appellant, was residing at a short distance from the said house in House No. B-119, Vishnu Garden, New Delhi. It has also come out that deceased Balbir Singh was also having another house bearing No. D-120 adjacent to the house of Vijay. House of Vijay is located at some distance from the house where Parwati was living with her children. Th...
Surveyors' Welfare Association (Regd) Vs. Union of India and Ors
Court: Delhi
Decided on: May-09-1995
Reported in: 1995IIIAD(Delhi)418; AIR1995Delhi382; 59(1995)DLT205; 1995(34)DRJ341
Anil Dev Singh, J.(1) The pivotal questions involved in this writ petition are whether under section 64UM of the Insurance Act, 1938 ( for short 'the Act') any survey by an approved surveyor or loss assessor is necessary in respect of a claim of less than Rs.20,000.00 and whether or not such a claim can be settled by the Insurance company itself without the intervention of an approved surveyor or loss assessor.(2) The petitioner, an association of surveyors, represented by Mr.Dalip Wangu, a licensed surveyor has filed this petition. According to the petitioner, a claim of loss by an insured on the insurance company has First to be surveyed or assessed by a licensed surveyor or loss assessor, irrespective of the fact whether the claim is above or below Rs.20,000.00. The immediate provocation for filing this writ petition is provided by the statement of the Chairman-cum-Managing Director of the thi(3) The petition is opposed by the respondents on the grounds, inter alia, that the petitio...
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