Delhi Court February 1996 Judgments
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State Bank of India Vs. Sanjeev Malik
Court: Delhi
Decided on: Feb-15-1996
Reported in: [1999]96CompCas183(Delhi); 1996(36)DRJ484
M. Jagannadha Rao, C.J.(1) ADMIT. (2) These two appeals have been preferred by the plaintiff, the State Bank of India, against orders passed by the learned Single Judge returning the respective plaints in the two suits under Order 7, Rule 10 Civil Procedure Code for presentation before the Court at Gurgaon, observing that the Bank can seek exclusion of lime under Section 14 of the Limitation Act. (3) As the point arising in the two appeals (each of which arise out of a separate suit) is common, it is sufficient to take up the facts as they arise in FAO(OS) 39/95. That Fao arises out of Suit 1086/84. The suit is for recovery of Rs. 7,20,337.39. (FAO(OS) 40/95 arises out of Suit 1087/84 and that is for recovery of Rs. 7,98,247.37). (4) In Suit 1086/84, the 1st defendant is Mr. Inder Raj Malik (Sole Proprietor of M/s Ruby which is engaged in wrist-watch business). Mr. Sanjiv Malik s/o Mr. J.R. Malik, Mrs. Malik,and Mr. Anil Malik are the defendants 2 to 4, being son, wife, & son respectiv...
Zamiir Ahmed Vs. the State
Court: Delhi
Decided on: Feb-15-1996
Reported in: 1996CriLJ2354; ILR1996Delhi689
Mohd. Shamim, J. (1) This appeal is directed against the judgment and order dated 13/05/1992 passed by the learned Additional Sessions Judge. Delhi where through the convict (hereinafter referred to as the appellant for the sake of convenience) was found guilty under section 363/366/376 of the Indian Penal Code and sentenced various terms of imprisonment. He was sentenced to undergo life imprisonment with a fine of Rs. 2,000.00 under Section 376 of the Indian Penal Code. In case of his failure to clear the fine he was directed to undergo R. I. for two years. He was further sentenced to undergo R. 1. for a term of 7 years with a fine of Rs. 1000.00for an offence under Section 366 of the Indian Penal Code. In case of fine not being paid he was directed to undergo R.I. for a period of one year under the said Section. He was then sentenced to undergo R. I. for two years under Section 363 of the Indian Penal Code All the sentences were directed to run concurrently.(2) The case of the prosec...
Balbir Singh Vs. State
Court: Delhi
Decided on: Feb-15-1996
Reported in: 1996IIAD(Delhi)528; 1996CriLJ2403; 61(1996)DLT727; 1996(37)DRJ35
P.K. Bahri, J. (1) The appellant-Balbir Singh has been convicted of offences punishable under Section 366 and 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.l0,000.00 and in default of payment of fine to undergo simple imprisonment for one year on the first count and to undergo imprisonment for life and to pay fine ofRs.lO,000.00 and in default of payment of fine to undergo simple imprisonment for one year on the second count vide judgment and order dated August 7, 1992, by an Additional Sessions Judge, Delhi. He has come in appeal challenging his conviction and sentences.(2) Facts of the case, in brief, are that PW4 Mehar Singh with his wife PW5 Sarupi were at the relevant time living in Railway Colony, Vasant Road. PW3 young girl then aged about 7 years, who is the grand-daughter of PW4 Mehar Singh, was living with them. Appellant was living in the neighborhood in Quarter No-195/C-l, Railway Colony, Vasant Road...
Clifton Electronics Vs. Lt. Governor
Court: Delhi
Decided on: Feb-15-1996
Reported in: 1996IIAD(Delhi)580; 1996(36)DRJ462; (1996)IILLJ1110Del
M. Jagannadha Rao, J. (1) Delay is condoned.(2) This is a Letters Patent Appeal against the Judgment of the learned Single Judge in Civil Writ Petition No. 4992 of 1994 dated 14.2.1995. The matter raises a point under Section 25(O) of the Industrial Disputes Act,1947. (3) The appellant is the management and was the writ petitioner before the learned Single Judge. The management closed the factory with effect from 31.3.1993. A notice was, however, issued by the Recovery Officer for recovery of wages of Rs. 1,12,700 for 44 employees for the months of April and May 1993 under Section 25(0), that is to say, for the 2 months immediately after 31.3.1993. The notice proposed to recover the arrears of wages as arrears of land revenue. A writ petition, C.W. 4034/93 was filed by the management questioning the said notice. In that writ petition, counter was filed by the respondents. An interim order was passed by the Court on 24.11.1993 directing the management to deposit Rs. 1,12,700. Ultimately...
Bhagwat Parshad Kesri Vs. Nafe Singh and ors.
Court: Delhi
Decided on: Feb-15-1996
Reported in: 2(1996)ACC39
J.B. Goel, J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against the judgment/award dated 25.10.1983 of Motor Accident Claims Tribunal, Delhi. The appellant is the claimant before the Tribunal. By the impugned judgment/award a sum of Rs. 19,000/- has been awarded to him with direction that if the awarded amount is not paid within 3 months of the making of the award the Insurance Company shall also be liable to pay interest at the rate of 9% per annum from the date of award till realisation.2. The appellant had made a claim of Rs. 80,000/- for personal injuries. Respondents No. 1, 2 and 3 are the owner, Insurance Company and driver, respectively of Bus No. DEP-2414 whereas respondents No. 4 & 6 are the owner and Insurance Company in respect of another Bus No. DLP 6889 involved in the accident and respondent No. 5 is the Delhi Transport Corporation. Both the buses involved in the accident were under Delhi Transport Corporation operation represented by respond...
Vxl India Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-1996
Reported in: (1996)(84)ELT50TriDel
1. The point for consideration in this appeal filed by M/s. VXL India Ltd. is the stage of payment of Central Excise duty in respect of blended wool tops falling under Item No. 43 of the old Central Excise Tariff. The Tariff description was as under:- "Wool tops and carded gilled slivers containing, in either case, more than fifty per cent by weight of wool calculated on the total fibre contents." The appellants were manufacturing some of the wool tops with 100% wool and in some case they were blending viscose and polyester to make the blended tops in which the wool pre-dominated. For the blended tops they contended that the excise duty should be paid at the weight of the pure wool top stage. The Department had taken the view that such pure wool top stage and the blended top were classifiable under the same tariff entry, the Central Excise duty was payable on the weight at the stage of the clearances i.e. when the wool and polyester/viscose content entered into the wool top.2. We have...
Vrindavan Auto Parts (P) Ltd. Vs. Collector of Central Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-1996
Reported in: (1996)(84)ELT130TriDel
1. The department has proceeded against the appellants for recovery of an amount of Rs. 14,688.60 and another amount of Rs. 24,050.93. The appellants are manufacturers of motor vehicle parts. It is the allegation of the department that they had failed to produce the original duty paying documents as required under Rule 57G of Central Excise Rules,1944 for availing the MODVAT Credit in respect of the amount of Rs. 14,688.60 vide RG-23A Part II Entry Nos. 124 to 130. As regards this allegations, the learned Consultant submitted that they had replied to the Assistant vide their reply to the show cause notice dated 28-1-1992 by which it had been pointed out that the department had resumed the records on 3-10-1993 and all the necessary gate passes in respect of these entries had been seized and were available with the department. It is his plea that the Assistant Collector had noted about this pleadings in his order but had not given them an opportunity to examine the records and show the ...
Universal Synthetics Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-12-1996
Reported in: (1996)(88)ELT299TriDel
1. This appeal is directed against the order passed by the Collector of Customs, Madras determining the assessable value of Disperse Dyes Blue imported by the appellants, confirming the demand for duty short-levied, confiscating the goods under Clauses (d) and (m) of Section 111 of the Customs Act, 1962 with redemption fine of Rs. 4 lakhs and imposing penalty of Rs. 75,000/- on the appellant.2. The appellant imported 1,000 kgs. of unbranded Disperse Dyes Blue of Indonesian origin from a supplier in Singapore and declared the value at US $ 3.25 per kg. CAP Madras. When the Bill of entry was filed on 14-9-1992, the Customs House suggested an enhanced value at the rate of US $ 5 per kg. which was paid and goods cleared. It appears on 2-11-1992, officers of Directorate of Revenue Intelligence intercepted the goods at the godown of the transporter and scrutinised and seized the relevant records. Samples were drawn to ascertain the colour, index and value of the goods. The samples were sent...
J.P. Gupta Vs. D.D.A.
Court: Delhi
Decided on: Feb-12-1996
Reported in: AIR1996Delhi195
ORDERLokeshwar Prasad, J.1. The petitioner, in the present writ petition, filed by him under Article 226 of the Constitution of India, assails the demand-cum-allotment letter dated the 27th/31st May, 1991 (Annexure C-1), issued by the Delhi Development Authority (hereinafter referred to as 'the DDA'), in his favor allotting III category flat, situated to Sarita Vihar, Delhi to him.2. The facts relevant for the disposal of the present writ petition lie in a narrow compass. The petitioner got himself registered for the allotment of a flat under the 'Fifth Self Financing Housing Registration Scheme, 1982', floated by D.D.A. on 14-8-1982. Thereafter, in pursuance of a call in the daily newspapers to apply for flats, which had been constructed by the respondent DDA, the petitioner on 4-3-1991 applied to the respondent D.D.A. for allotment of a flat in Sarita Vihar. The petitioner received letter dated 27/31-5-1991 (Annexure C-1) from the DDA intimating that a flat on the ground and First fl...
Hari Shankar Vs. State
Court: Delhi
Decided on: Feb-12-1996
Reported in: 1996CriLJ1839
1. The appellant Shri Hari Shankar, feeling aggrieved by his conviction under the Contempt of Courts Act by Shri Rajesh Aggarwal, a learned Civil Judge has filed this Criminal Appeal. 2. The appellant has read out the grounds of appeal in open court. It appears that in the grounds of appeal so read out with seemingly full lung power, the appellant has made scandalous attacks not only upon Shri Rajesh Aggarwal, a Civil Judge, but also upon Shri R. C. Jain, Additional District and Sessions Judge, upon the District and Sessions Judge and upon the entire subordinate judiciary as well. Their vilification is as judicial officers and not as individuals. It thus appears that Shri Hari Shankar is guilty of Criminal Contempt committed in the presence of this Court. Shri Hari Shankar be accordingly detained in custody. He does not seek bail. 3. Since I feel that Shri Hari Shankar should be informed of the contempt with which he is charged, his attention is brought to the following portions of his...
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