Delhi Court March 1996 Judgments

Ravi Garg Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1996)(86)ELT357TriDel

1. All these appeals arise from Common order-in-original passed by the Learned Additional Collector of Customs, New Delhi by his order dated 14-2-1992. By his order the Learned Additional Collector has ordered for confiscation of seized 18 foreign mark gold biscuits and 3 pcs. of primary gold of 597.500 gms. totally valued at Rs. 8,76,590 under Section 111(d) of the Customs Act. He has also ordered for confiscation of Indian currency of Rs. 12.20 lakhs under Section 121 of the Customs Act. He further ordered for confiscation of Maruri Car No. DL/2C 5641 valued at Rs. 1.40 lakhs and scooter No. DDO1695 valued Rs. 10,000 under Section 115 of the Customs Act. Lie has also ordered for confiscation of two pcs of newspapers and green canvas bags, two brief cases under Section 119 of the Act. He has imposed a penalty of Rs. 10 lakhs each on S/Shri Ravi Garg, Mohinder Singh and Surender Kumar under Section 112 of the Customs Act. He has imposed a penalty of Rs. 50,000 only each on S/Shri Ram ...

D.C.M. Shriram Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1996)(84)ELT221TriDel

1. The appellant is a manufacturer of sugar. Among the products manufactured by it a sugar cubes, sugar sachets and pharmaceutical grade sugar. By the impugned orders, the Collector has classified these three products under sub-heading 1701.90 of the Central Excise Tariff.The appellant claims classification of these goods under 1701.39. Hence this appeal.2. We have heard elaborate submissions made by Shri V. Lakshmi Kumaran, The Departmental Representative adopts the reasoning of the Collector.3. In the course of manufacture of sugar from sugar cane juice, the products known as 'damaged sugar', 'rori' and dust arise. These were explained to be forms of sugar with some mixture of molasses, or with large and uneven crystals. They are therefore not acceptable to the market because of its colour. Such sugar therefore is reprocessed being subjected to further refining. It is this sugar which is made into the products in question.Note 2 to Chapter 17 of the Tariff also provides "For the pur...

Franz Xaver Huemer Vs. New Yash Engineers

Court: Delhi

Reported in: AIR1997Delhi79; 1996(25)ARBLR522(Delhi); 62(1996)DLT291; 1996(37)DRJ14; 1996RLR280

ORDERM. Jagannadha Rao, C. J. 1. The point arising in the case is of considerable importance in regard to patents registered in India by foreigners and not kept in use in our country and thereby seriously affecting our market and economy. The foreigner in this case is seeking temporary injunction against other users and the question is whether the non-use of the patented mechanical device by the foreigner in India can be a ground for refusing temporary injunction? 2. The appellant, Franz Xayer Huemer, is an Austrian citizen. He filed the Suit No. 468 of 1994 on 26-2-1994 seeking a permanent Injunction restraining the respondent from making, using, exercising, selling or distributing any items which infringe the 5 patents belonging to the plaintiff bearing Numbers 161520, 162589, 162369, 163591 and 163095 and for a mandatory injunction to hand over to the plaintiff all goods, advertising material or items which infringe the above patents, and for accounts of the profits. The plaint is f...

Bhagat Bahadur and Etc. Vs. the State

Court: Delhi

Reported in: 1996CriLJ2201

P. K. Bahri, J. These two appeals, one by appellant Bhagat Bahadur and another by appellant Kul Bahadur, have been preferred against the judgment dated August 22, 1992 and order dated August 24, 1992 of an Additional Sessions Judge, Delhi by which these two appellants have been convicted of an offence punishable under section 302 read with Section 34 of the Indian Penal Code or having committed the murder of Smt. Pushpa Aggarwal and have been sentenced to under go rigorous imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months. 2. The facts of the case, in brief, are that deceased Pushpa Devi was living with her husband PW-7 Arvind Aggarwal in House No. B-27, M.G. Marg. Adarsh Nagar, Delhi during the year 1987. The appellant Bhagat Bahadur was employed with them as a domestic servant at the relevant time. It is the case of the prosecution that the deceased lady, being of short-tempered nature...

Supreme Co-operative Group Housing Society Vs. H.S. Nag and Associates ...

Court: Delhi

Reported in: 62(1996)DLT210

M.K. Sharma, J.Rule D.B. (1) This appeal by the appellant respondent is directed against the order dated 8.11.1995 passed by the learned Single Judge in I.A.860/1994 in Suit No.2760/1993 dismissing the application filed by the defendant/respondent seeking for rejection of the plaint.(2) The respondent petitioner filed a petition under Section 20 of the Arbitration Act, 1940, (hereinafter referred to as 'the Act') against the appellant/respondent seeking for filing of the arbitration agreement and for reference of the disputes to the arbitration. In the petition filed under Section 20 of the Arbitration Act, the respondent contented, inter alia, that in response to an invitation inviting tenders issued by the appellant/ respondent for construction of flats in 7 towers and external development work at Plot No. 14, Patparganj, Mayur Vihar, Phase-I, New Delhi - 110 091, the respondent herein submitted its tender as per the tender documents prepared by the appellant herein on 17.3.1986. It ...

Naval Vs. State

Court: Delhi

Reported in: 1996IIAD(Delhi)407; 1996CriLJ2842; 1996(36)DRJ709

Jaspal Singh, J.(1) The petitioners are aggrieved by the order of the learned Additional Sessions Judge framing charges against them under sections 308 and 452 read with section 34 of the Indian Penal Code.(2) Before I come into grip with the issues involved let me first bring forth the background of the case.(3) On June 1, 1991 at about 10.20 p.m. information was received at Police Post Harsh Vihar, Police Station Nand Nagari that a quarrel was taking place in the house of one Ram Chander Pradhan. Consequently Sub-Inspector Subhash Chand along with other staff went to the place of occurrence. Finding the injured having already been removed to the hospital he went to G.T.B. Hospital where the statement of Banwari Lal was recorded. The statement of Banwari Lal shows that he owns a plot of land near to the house of Ram Chand and that Ram Chand Along with others had made an attempt to carve out a passage from within that plot which was thwarted and that irked by it Ram Chand his son Naval...

Subhash Juneja Vs. Union of India

Court: Delhi

Reported in: 1996IIAD(Delhi)636; 62(1996)DLT167; 1996(37)DRJ253

M.K. Sharma, J.(1) As the facts involved in both the writ petitions arc similar and the issues raised before us are identical in nature, we propose to dispose of both these writ petitions by this common judgment and order.(2) In this writ petition, the petitioner has challenged the order of termination passed against him on 3.3.1980 by the Government of India terminating his services in exercise of the powers vested under the provisions of Section 18 of the Army Act. In this writ petition, substantially two reliefs are sought for by the petitioner - the first relief being for quashing of the order dated 3.3.1980 by which the services of the petitioner was terminated and the other being that he be declared to be entitled for all benefits with respect to payment of salary, pension and all other benefits as if he continued to be in service up to the date of his superannuation. Apparently, thereforee, the second relief sought for by the petitioner in this writ petition is dependent and con...

V. Bhagat Vs. Mrs. D. Bhagat and anr.

Court: Delhi

Reported in: 63(1996)DLT39

Devinder Gupta, J. 1. This is an appeal preferred against an order passed on 10th October, 1995, by which Shri Lal Singh, Additional District Judge, Delhi dismissing the appellant's application under Section 151 of the Code of Civil Procedure for issuance of temporary injunction directing respondent No. 1 to vacate the rear unit of House No. 32, Nizamuddin East New Delhi and further restraining her from entering the said premises.The facts in brief are that the marriage of the appellant and respondent No. 1 was dissolved by a decree of divorce granted by virtue of an order passed by the Supreme Court in I.A.No. 1 of 1993 in Civil Appeal No. 424 of 1987, decided on 19th November, 1993, reported as V. Bhagat v. D. Bhagat (Mrs.), : AIR1994SC710 . After the marriage had been dissolved by a decree of divorce, the appellant on 8th May, 1995 filed a suit in the Court of the District Judge, Delhi against respondent No. 1 and Indian Tourism Development Corporation Ltd., respondent No. 2, claimi...

Nahar Singh Vs. Dda

Court: Delhi

Reported in: 1997(40)DRJ802

Arun B. Saharya, J. C.M.1017/96 (Application for exemption) 1. Allowed. C.M.1016/96 2. By this application the petitioner has prayed for (i) setting aside order dated 7th February, 1996 and restoration of C.M.No. 785/95: and (ii) restoration of the earlier interim order dated 17th October, 1994. 3. In the main petition, being C.R.No. 599/94, notice was issued to the respondent to show cause why the petition be not admitted. On an application for interim relief being C.M.No. 2326/94, order dated 17th October, 1994 was passed restraining the respondent from demolishing the structure in question. 4. On 23rd February, 1995 no one appeared for the petitioner and the main case was dismissed. On merits of the case also the following observation was made in the order 'The impugned order clearly says that the property in suit falls in development area No. 172 and demolition order had been passed under section 30(1) of the DDA Act-after giving proper notice to the plaintiff.' 5. As a result of t...

Anand Parbat Residents Association Vs. Ramjas Foundation

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

A.P. Chowdhri, President: 1. This case has a long and chequered history. The original complaint was filed in April, 91. The complainant is an Association of residents of Anand Parbat area under the Ramjas Foundation, an educational society running various educational institutions in the capital. The District Forum gave certain directions by its order dated 6.2.92. These included direction for supplying water to the complainant and levying charges therefore and keeping the water supplylines and tanks in clean and hygenic condition. Both the parties filed appeal against the order. These were dismissed by this Commission. No further appeal appears to have been filed. The matter, thus, attained finality. 2. The applicants applied u/Section 27 of the C.P. Act for enforcement of the order. Reply of the respondent was taken and various orders passed from time to time. At one stage it was agreed between the parties that the responsibility of supplying water would be taken over by the Municipal...