Delhi Court March 1997 Judgments
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G.R. Simon Vs. Union of India
Court: Delhi
Decided on: Mar-20-1997
Reported in: AIR1997Delhi301; 1997(41)DRJ604; (1997)117PLR66
Manmohan Sarin, J. (1) These arc batch of writ petitions filed by the manufacturers, wholesalers and dealers engaged in retail trade of tanned, cured and finished skins of animals. Petitioners are also engaged in retail trade of articles made of skin, hereinafter referred to as the 'animal articles'. (2) The petitioners in the above writ petitions had challenged the introduction of provisions of Chapter Va in the Wild Life (Protection) Act, 1972 by Wild Life (Protection) Amendment Act 1986, together with notification issued there under as being vocative of Article 19(1)(g) read with Articles 300 and 300A of the Constitution of India. (3) We are taking up C.W.P. No. 2750/86 and C.W.P. No. 3586/87 as the lead cases. (4) In writ petition No.2750/86, petitioner Nos. 1 to 13 claim themselves to be the dealers, while petitioner Nos. 14 to 25 claim themselves to be manufacturers and petitioner Nos. 26 to 28 as wholesalers in tanned, cured and finished skins. The petitioners claim to have appl...
Navneet Singh Vs. State
Court: Delhi
Decided on: Mar-20-1997
Reported in: 1997IVAD(Delhi)447; 66(1997)DLT448
Mohd. Shamim, J.(1) This is an application by the petitioner for release on bail. (2) It has been urged for and on behalf of the petitioner that the petitioner is innocent. He has been falsely implicated in the present case. He is a young boy of 18 years and is a student of XIIth class. The only role assigned to the petitioner is that he also hit the deceased with fists and kicks. The petitioner has been in custody since September 20, 1996. Thus the petitioner is entitled to an order of bail. (3) Learned P.P. on the other hand, has contended that the petitioner is known to the other assailants. Hence it should be presumed that there is a common intention on the part of all the assailants to kill the deceased. Furthermore,one of the assailants hit the deceased with a dagger (Kirpan) many a times as a result whereof the deceased succumbed to the injuries sustained at the hands of one of the assailants i.e., Jaspal Singh. (4) Considering the above facts and circumstances, I think the pres...
Bhim Sen Sharma Vs. Arvinder Singh and ors.
Court: Delhi
Decided on: Mar-20-1997
Reported in: 68(1997)DLT727
K.S. Gupta, J. (1) This appeal by the plaintiff-appellant is directed against the order dated December 19, 1996 of learned Single Judge disposing of two applications, one under Order Xxxix, Rules 1 & 2, Civil Procedure Code (I.A. No. 11075/96) and the other under Order Xxxix Rule 4, Civil Procedure Code (I.A. No. 11627/96). (2) Facts giving rise to this appeal, in brief, are that the appellant filed a suit on the allegations that Ram Singh was the owner of property No. 1-1/85,LajpatNagar, New Delhi. He was inducted as a tenant by Ram Singh in the front portion of the property at a monthly rental of Rs. 200.00 , which later on was increased to Rs. 500.00 per month. Ram Singh died issueless in the year 1979 leaving his wife Mesar Kaur as his only heir. Mesar Kaur had no near relation of her. The appellant being a God fearing person started looking after her. On August 13, 1990 Mesar Kaur executed a Will bequeathing the said property No. 1-1 /85 and also a General Power of Attorney, in fa...
Narendra Kumar and anr. Vs. Government of National Capital Territory o ...
Court: Delhi
Decided on: Mar-20-1997
Reported in: 1997IIIAD(Delhi)1035; AIR1997Delhi335; 66(1997)DLT898
K.S. Gupta, J. (1) In this petition filed under Article 226 of the Constitution of India case of the petitioners is that in the year 1982, Director of Industries,respondent No. 2, acting on behalf of Delhi Administration, issued an advertisement inviting applications from eligible persons for allotment of 177 industrial plots (80 plots of 400 sq. yards., 82 plots of 300 sq. yards and 65 plots of 250 sq.yards) in the Industrial Estate proposed to be developed at Okhla, New Delhi.Approximately 30,000 applications were received and out of them after scrutiny about 13,000 applicants were found eligible. After short listing the number of eligible applicants was reduced to approximately 3,000. Allotments of plots were proposed to be made by draw of lots. In the draw of lots held in the month of June, 1983, 177 eligible applicants were selected which also included THE petitioners. They were allotted specific plots @ Rs. 245.00 per square yard.Unfortunately the plots allotted to the petitioner...
R.P. Bajpai and ors. Vs. Government of National Capital Territory of D ...
Court: Delhi
Decided on: Mar-20-1997
Reported in: 1997IIIAD(Delhi)806; 68(1997)DLT776
K.S. Gupta, J. (1) In this petition filed under Article 226 of the Constitution of India the petitioners case is that in the year 1982, Director of lndustries,respondentNo. 2, acting on behalf of the Delhi Administration, issued an advertisement inviting applications from eligible persons for allotment of 177 industrial plots (80plots of 400 sq. yards, 82 plots of 300 sq. yards and 65 plots of 250 sq. yards) in an Industrial Estate proposed to be developed at Okhla, New Delhi. Approximately30,000 applications were received and out of them after scrutiny about 13,000applicants were found eligible. After short listing the number of eligible applicants was reduced to approximately 3,000 and the allotments of 177 plots were proposed to be made by draw of lots. In the draw of lots held in the month of June, 1983,177eligible applicants were selected which also included the petitioners. They were allotted respective plots @ Rs. 245.00 per sq. yard. Unfortunately the plots allotted to the peti...
Richard Thomas Wrigley Vs. Customs and anr.
Court: Delhi
Decided on: Mar-20-1997
Reported in: 1997IIIAD(Delhi)50; 1997(2)ALT(Cri)15; 1997CriLJ2741; 1997(3)Crimes89; 67(1997)DLT293
J.K. Mehra, J. (1) This is an appeal against the order of conviction under Narcotic Drugs and Psychotropic Substances Act against the appellant for being found in possession of 1800 gms. of Charas which was kept in his baggage while leaving India. Along with the appellant a lady passenger who was also going to leave by the same flight as the appellant, for being found in possession of 420 gms. Charas in her baggage. The said co-accused Ms. Sharon Loney was acquitted by giving her benefit of doubt while the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years plus fine of Rs. 1 lac and in default of such payment to undergo further R.I. of 1 year. (2) I have, heard the parties, (counsel for the appellant has raised only three technical pleas - (i) that by not complying with the mandatory requirements of Section 42 of Ndps Act the prosecution failed to prove that the information was reduced into writing; (ii) that Section 50 of the said Act has also not been c...
New Delhi Municipal Corporation Vs. Rohtas Industries Limited
Court: Delhi
Decided on: Mar-20-1997
Reported in: 66(1997)DLT896
M.K. Sharma, J.1. This is a suit instituted by the plaintiff against the defendant for recovery of Rs. 7,36,286/-. It is stated in the plaint that the plaintiff invited tenders for supply of 3200 MT of O.P.C. cement which was finally awarded to the defendant who were the lowest bidder. On 26.2.1983, the work was awarded to the defendant for the aforesaid supply of cement and the contract was executed to that effect on 28.2.1983. According to the terms of the agreement and the general provisions of the contract, if the goods were not in accordance with the specifications, the plaintiff was entitled to claim damages from the defendant supplier. The defendant supplier did not supply the goods at ex. NDMC store and the plaintiff was compelled to collect the material substantially from the Railway siding. It was also found that the goods supplied by the defendant to the plaintiff were defective which was tested at the laboratory. The test reports received thereof show that 27 samples were d...
M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...
Court: Delhi
Decided on: Mar-20-1997
Reported in: AIR1997Delhi267b; ILR1997Delhi22
ORDERAnil Dev Singh, J. 1. There are two sets of writ petitions before us. In Civil Writ Petitions Nos. 1016/92, 1272/92, 1749/92, 1631/92, the petitioners challenge certain amendments carried out in the Wild Life (Protection) Act, 1972 by the Amendment Act No. 44 of 1991 whereby the trade in imported ivory and articles made there from have been banned. In Civil Writ Petitions Nos. 1303/92 and 1964/93 the grievance of the petitioners is that though they are not covered by the Wild Life (Protection) Act, 1972 and the Amendment Act No. 44 of 1991, the authorities are taking action against them for their being in possession of mammoth ivory and articles made there from. Besides, like Writ Petition No. 1016/92 etc. they also challenge the amendments carried out in the Wild Life (Protection) Act, 1972 by the Amendment Act No. 44 of 1991. 2. In so far as the first category of cases are concerned it will be convenient to deal with Writ Petition No. 1016/92 as the points raised in this writ pe...
Electronic Components Vs. Collr. of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-19-1997
Reported in: (1997)(92)ELT511TriDel
1. The appellants imported Phosphor Bronze Strips which were cleared in terms of Notification No. 231/83-Cus., dated 18-8-1983 (serial No. 43).Later on a less charge memo was issued alleging short levy of duty. The ground was that the imported goods were of a thickness of 0.13 mm; whereas as per Note to Chapter 74, the minimum thickness required for goods to be classified as strips was 0.15 mm. After hearing the importers, the Assistant Collector confirmed the demand. The Collector (Appeals) upheld the lower orders. Hence the present appeal.2. The appellants requested for disposal on merits which we proceed to do after hearing Shri K. Srivastava, SDR.3. The subject notification provides exemption for Phosphor Bronze Strips falling under Chapter 74 of the C.T.A. The definition of strip as occuring in Chapter Note 2(c) was as follows : "flat-surfaced, wrought products (coiled or not), of which the maximum cross-sectional dimension exceeds 6 millimetres and of which the thickness exceeds...
Kirloskar Brothers Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-19-1997
Reported in: (1997)(94)ELT176TriDel
1. The matter was called. No one is present for the appellants M/s.Kirloskar Brothers Ltd. The matter relates to the refund of duty paid of Rs. 30,5907-. The notice for today's hearing had already been served on the appellants on 5-3-1997. There is no response. There is no request for adjournment.2. We have heard Shri H.K. Jain, SDR and have gone through the facts of the case. We find that the matter relates to the availment of exemption notification No. 211/85-C.E., dated 25-4-1985 (as amended) under this notification all goods that were required to be used in connection with oil exploration activity by ONGC or Oil India Ltd. were exempted subject to the following conditions : - (i) That before clearance of the said goods, a certificate from Oil & Natural Gas Commissioner or Oil India Ltd., as the case may be, to the effect that such goods are required to be used in connection with their Oil exploration activity is produced to the Proper Officer. (ii) That such certificate of evi...
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