Delhi Court September 1995 Judgments
Home Cases Delhi 1995 Page 11 of about 167 results (0.021 seconds)Van-guard Ex-servicemen Welfare Association and anr. Vs. State Trading ...
Court: Delhi
Reported in: 60(1995)DLT513; (1996)IILLJ897Del
M.K. Sharma, J. (1) The petitioners have preferred this writ petition seeking for a writ of mandamus against the respondents directing them to pay the bare minimum wages to the members of the petitioner association and also to pay the outstanding wages. The petitioners have further sought for a direction to the respondents to treat the members of the petitioner association as the direct employees of respondent No. I, State Trading Corporation as the State Trading Corporation is withholding the bonus and gratuity of the members of the petitioner association since 1990. (2) The brief facts leading to this writ petition are that the services of the petitioner were sponsored by the Director General of Resettlement, Ministry of defense, respondent No. 3 as Security Guards to respondent No. 1, State Trading Corporation through the agency of Van Guard Detective & Fire Services on 18.4.1990. Since the services rendered by the members of the petitioner association were found to be satisfactory,...
Tag this Judgment!Devinder Singh Vs. Sunil JaIn and ors.
Court: Delhi
Reported in: II(1995)ACC681
C.M. Nayar, J.1. The present appeal is directed against the award dated February 10, 1982 passed by Shri S.P. Saberwal, Judge, Motor Accident Claims Tribunal, Delhi.2. The appellant Shri Devinder Singh filed the claim petition under Section 110-A of the Motor Vehicles Act, claiming compensation of Rs. 4,50,000/- on account of injuries sustained by him in an accident that took place on April 2, 1974 at 12.55 hours at Janpath, New Delhi. He was going on scooter No. DHQ-2750 from Air India Office, Janpath to Lodhi Hotel and when he reached near Eastern Court, respondent No. 1 who was driving his car No. DHC-1157 hit him on the side and caused fracture of left leg and small finger besides abrasions on elbow and the back. It was alleged that the car was being driven in a rash and negligent manner and the driver was not having a proper look out as a result of which he dashed his car into the scooter of the appellant who was going at a normal speed. The appellant remained under treatment for ...
Tag this Judgment!income Tax Officer Vs. Texco IndiA.
Court: Delhi
Reported in: (1996)55TTJ(Del)672
ORDERA. SATYANARAYANA, VICE-PRESIDENT :This appeal filed by the Revenue is against the order of the CIT(A) dt. 23rd Nov., 1990 for the asst. yr. 1986-87 for which the previous year ended on 30th Sept., 1985.2. The assessed is a partnership of two persons deriving income from manufacture of handloom products.3. For the asst. yr. 1986-87, the assessed filed a return of income showing an income of Rs. 97,430. The Assessing Officer (AO) noticed that the assessed had shown a gross profit of Rs. 4,91,073 on sales of Rs. 79,20,545 yielding a gross profit rate of 6.19%. He further noticed that in the preceding asst. yrs. 1985-86, 1984-85 and 1983-84, gross profit rates of 6.29%, 6.5% and 11.36% were admitted by the assessee. He also noticed that the assessed had been withdrawing cash from bank even on dates when it had sufficient funds in the form of opening and closing cash balances. Certain examples were given in the assessment order, as withdrawal of Rs. 2,000 on 6th Feb., 1985 from the ban...
Tag this Judgment!Oscar Televideo (P) Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1997)(93)ELT204TriDel
1. M/s. Oscar Televideo Pvt. Ltd. being aggrieved with the order-in-appeal dated 30-4-1991 passed by the Collector of Central Excise (Appeals), New Delhi have filed the present appeal.2. The matter relates to the refund of central excise duty arising out of the payment of duty at normal rates as against the concessional rates applicable to small scale manufacturers under Notification No.175/86-C.E., dated 1-3-1986. The appellants were availing the benefit of Modvat Scheme and their customers also availed of the Modvat credit in respect of the sub-assemblies of television sets cleared by them.The appellants had filed a refund claim for Rs. 5,06,143.18 on the ground that they had paid central excise duty @ 15% Adv. instead of 5% Adv. The Asstt. Collector of Central Excise, New Delhi sanctioned the refund of Rs. 1,88,419.37 partly by cheque and partly by credit in RG 23A Part II. The Collector of Central Excise, New Delhi reviewed the order of the Asstt. Collector of Central Excise, New ...
Tag this Judgment!Kewal Krishan and anr. Vs. State Through Central Bureau of Investigati ...
Court: Delhi
Reported in: 63(1996)DLT16; 1998(98)ELT306(Del)
J.K. Mehra, J. (1) I have heard the arguments. Counsel for the petitioner has raised several pleas in support of the petitioner's case. I, however, do not consider it necessary to go into those in view of my findings on the plea of lack of sanction / authority in the person signing and filing the complaint, as is required under Section 6 of the Imports and Exports (Control) Act, 1947. My attention has been drawn to the provisions of Sections 5 and 6 of the Imports and Exports (Control) Act, 1947, which read as under: '5.Penalty-If any person contravenes or attempts to contravene or abetts contravention of, any order made or deemed to have been made under this Act, or any condition of a license granted under any such order, or any authority under which imported goods were received from or through a recognised agency, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962) be punishable- (a) Where the...
Tag this Judgment!Lalita Malhotra and ors. Vs. Vijay Pal and ors.
Court: Delhi
Reported in: II(1995)ACC688
C.M. Nayar, J.1. The present appeal is directed against the Award dated October 22, 1981 passed by Shri S.P. Saberwal, Judge, Motor Accident Claims Tribunal, Delhi.2. The appellants 1 to 3 are the widow and minor children and appellants 4 and 5 are the parents of the deceased Shri Asa Nand Malhotra who died on account of fatal injuries sustained in motor accident which took place on January 12, 1978 at about 9 P.M. The deceased was coming from his shop situated at Kucha Kahan Chand, Nai Sarak, Delhi and was proceeding to his house situated at Janakpuri, New Delhi as pillion rider on two-wheeler scooter No. HRQ-2905 driven by Sham Lal. When they reached Paharganj bridge a truck bearing No. PUG-6211 driven by Vijay Pal, respondent No. 1, came from the back side at a very fast speed and dashed against the scooter on which the deceased was traveling as pillion rider, with great force. It was alleged that the scooter driver Sham Lal was driving at a slow speed and at proper side of the road...
Tag this Judgment!Preto Industries Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1996)(81)ELT506TriDel
1. The appellants, herein, imported a Tool Room Precision Coordinate Jig Boring Machine with accessories through the Bombay Customs House for which a Bill of Entry was filed in Jan., 1985. On examination of the goods, the machine was found to be used and second-hand. The Customs House also found that the invoice price of the machine, coming to Rs. 1,63,997'/- was low. This was based on examination of the machinery by a panel expert, a copy of whose report was given to the appellants. In this report the panel expert gave the opinion that the value of the machine imported for the purpose of assessment should be in the vicinity of DM 50,000 to 55,000 FOB instead of DM 35,650 indicated by the importer. Show cause notice was, accordingly, issued on 4-4-1985 and the Additional Collector, after considering the appellants' reply thereto, passed the impugned order dated 16-4-1985.In his order he dropped the charge of mis-declaration against the appellants and held that they could not be held t...
Tag this Judgment!Jai Bharat Tanners Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1996)(83)ELT169TriDel
1. This is an appeal filed by the assessee against the impugned order dated 12-9-1985 passed by the Collector (Appeals) Customs House, Madras. The appellants have imported Leather Shaving Blades for use in Hydraulic Leather Shaving Machines and claimed Notification 42/78 as amended by 214/78. The Asstt. Collector has held that this notification applies only to complete Hydraulic Leather Shaving Machine and not to the blades used in the said machine. This view was approved by the Collector (Appeals) holding that only Hydraulic Shaving Machines have been mentioned in the Notification and not part thereof and accordingly the concession cannot be extended to the blades in question. The matter has come up for final hearing. None appeared for the appellants.However, there was a request from them for an adjournment on the ground that they have to locate the papers since the appeal filed against the order passed by the Collector was more than 10 years ago. Shri K.K.Jha, Id. SDR submitted that...
Tag this Judgment!Punjab National Bank Vs. Toy Land of India and anr.
Court: Delhi
Reported in: 60(1995)DLT285; 1995(34)DRJ729; (1996)112PLR12
Devinder Gupta, J.(1) This is plaintiffs' suit instituted on 8.7.1984 for recovery of Rs. 6,19,460.87.00 on account of principal and interest. Besides personal decree, the plaintiff Bank has prayed for a preliminary decree under Order 34 Civil Procedure Code . for sale of the mortgaged security.(2) Loan facility was availed of by Defendant no.2, the sole proprietor of Defendant no. 1 on the basis of various loan documents executed by him. In order to secure the repayment of the loan amount, the immoveable property was equita.bly mortgaged. In addition the loan amount was also secured by hypothecation of finished and semifinished goods. The suit was contested by Defendants, who denied liability to pay the suit amount. It was pleaded that loan documents were not executed by Defendant no.2. His signatures were obtained on blank printed forms. Liability to pay interest was also disputed. Issues were framed on 9. 5.1989. The suit was set down for trial.(3) Defendant no.2 expired on 28.9.199...
Tag this Judgment!R.K. Malhotra and ors. Vs. Union of India and ors.
Court: Delhi
Reported in: 1995IVAD(Delhi)15; 1995(35)DRJ100
D.P. Wadhwa, J. (1) The petitioners who number four have filed this petition under Article 226 of the Constitution seeking a writ of certiorari or any other appropriate writ, order or direction quashing the order dated 13 October 1993 by which order the Central Government in the Ministry of Industry, Department of Industrial Development (Secretariat for Industrial Approvals) granted approval to M/s. Gillette International, respondent No.6, in investing up to a maximum 49% of the equity capital of M/s. Harbans Lal Malhotra & Sons, Ltd. (HLM), the fifth respondent subject to certain conditions. The petitioner respectively hold 4.17%, 2.29%, 2.25% and 22.78% shareholding in the HLM. There are eight respondents - respondents 1, 2, 3 and 4, respectively, the Union of India in the Ministry of Industry; Secretariat for Industrial Approvals; Principal Secretary to the Prime Minister, Chairman, Fipb - Foreign Investment Promotion Board; and Union Finance Minister, and the seventh and eighth res...
Tag this Judgment!