Delhi Court May 1997 Judgments

Dev Raj Chadha Vs. Administrator, New Delhi Municipal Committee and an ...

Court: Delhi

Reported in: 70(1997)DLT70

Lokeshwar Prasad, J.(1) The present petition is the second round of litigation by the petitioner. Earlier the petitioner, an ex-serviceman, had filed a writ petition (C.W.P. No. 3393/89) claiming disability pension as an ex-serviceman. In that writ petition the petitioner made a statement that he did not press the prayer made in that writ petition and that his application for allotment of a parking lot may be forwarded to the Administrator, New Delhi Municipal Committee (hereinafter referred to as the NDMC) through the Director General of Resettlement. In view of the above statement, made by the petitioner, that writ petition was disposed of by this Court vide order dated 29.11.1994 with the observations that the petitioner would handover such an application to the Counsel for the respondent who would forward the same to the Director General of Resettlement, who in turn would forward the same to the Administrator, NDMC. The petitioner, despite repeated requests from the Director Genera...

R.S. Arya Vs. T.R. Dewan

Court: Delhi

Reported in: 1997VAD(Delhi)615; AIR1998Delhi185; 68(1997)DLT366

K.S. Gupta, J. (1) This appeal by R.S, Arya, plaintiff-appellant, is directed against the order dated March 4, 1996, of a learned Single Judge disposing of two applications - one is No. 11848/93 (ought to have been 11020/95) tiled under Order Xxxix, Rules 1,2 and Section 151, Civil Procedure Code and the other is No. 11851/95 filed tinder Order Xxxix, Rule 4 read with Section 151, CPC. (2) Appellant filed suit for specific performance and permanent injunction alleging that the defendant-respondent is the owner of plot bearing No. 63. Dilshad Extension I, Delhi and he agreed to sell it to him for a sum of Rs. 7,95,000.00 . On August 26,1995 appellant paid Rs. 20,000.00 in cash besides handing over a cheque for Rs. 75,000.00 to the respondent. Last date for execution and registration of the sale deed was settled as October 15, 1995. It is further alleged that on October 12, 1995 appellant gave two more cheques for Rs. 3,22,500.00 and Rs. 3,77,5001- towards balance sale consideration to t...

Superpax India Pvt. Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(94)ELT144TriDel

1. The short point for determination in this appeal is whether Modvat credit of duty can be taken on the strength of endorsed Bill of Entry.The facts of the case are that the appellants are engaged in the manufacture of Low Density Poly Ethylene (LDPE) films and packages. For manufacture of these items, they procure LDPE granules from the market.On scrutiny of the records and documents filed by the Appellant, it was noticed that they had purchased imported inputs/raw materials on endorsed Bill of Entry and availed Modvat credit of duty paid on the inputs/raw materials. It was alleged that there was no provision to take Modvat credit on the strength of endorsed Bill of Entry.Accordingly, a show cause notice was issued to the Appellant asking them to explain as to why Modvat credit should not be denied to them and why the amount utilized by them should not be recovered from them.In reply, the appellants submitted that they had purchased the raw materials from M/s. Calcutta Chemical Agen...

Amitabh Textile Mills Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(94)ELT271TriDel

1. The appellants M/s. Amitabh Textile Mills Ltd. have filed 5 appeals accompanied with the Stay applications for the waiver of pre-deposits of duty and penalty imposed on them.2. The following amounts are required to be deposited for the purposes of hearing the appeal :- 3. Arguing for the appellants Shri P.R. Malik, learned Chartered Accountant submitted that Appeal Nos. E/762 and E/764/97-D (Stay Nos.E/Stay/272 and 273/97-D) are related to denial of Modvat credit. Other two appeals i.e. E/553 and E/554/97-D (Stay Nos. E/Stay 257 and E/Stay/256/97-D) are concerned with the issue relating to denial of exemption in terms of Notification No. 26/94 in respect of reel hank.Further, Appeal No. E/771 /97-D (Stay No. E/283/97-D) is related to search and seizure.4. He submitted that the appellants have a strong prima facie case on merits in all the 5 cases and accordingly he requested for waiver of pre-deposits. Apart from the merits he submitted that the appellants' unit is a sick unit unde...

Moti Lal Agarwal Steel (P) Ltd. Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(96)ELT400TriDel

1. This appeal is directed against the Order-in-Appeal No.56-CE/KNP/95, dated 17-7-1995.2. The appellants are alleged to have removed a consignment of steel ingots weighing 12.720 MT without cover of Gate Pass.3. Arguing for the appellants the ld. Consultant submits that it was an established practice that truck with steel ingots was first taken to a weighbridge and only thereafter gate passes were issued. The truck, in fact, was intercepted right in front of their factory and the fact that it was not going to the consigner but it was coming back to the factory for taking the Gate Pass. There was no basis therefore for alleging that they had attempted to evade duty by removing goods without cover of Gate Pass.4. Arguing for the Revenue, the ld. DR submits that even if it is assumed that the goods had been taken out merely for confirmation of weigh-ment, they ought to have at least prepared a Gate Pass indicating the name of the consigner and the description of the goods and on confirm...

Chander Pal Vs. State

Court: Delhi

Reported in: 1997IIIAD(Delhi)1093; 67(1997)DLT571; II(1997)DMC155; 1997(42)DRJ113

J.K. Mehra, J. (1) I have heard the parties. In this case, the prosecution was lodged against mother-in-law, father-in-law, brother-in-law and the husband of the deceased, who died of burns. It is a case where two brothers, i.e., husband of the deceased and brother of the said husband were both married to two real sisters on the same day, i.e., 23.7.1988. Sudesh was married to Chander Pal, present appellant while her younger sister Kamlesh was married to the younger brother of Chander Pal, named Charan Singh, My attention has been drawn, to the dying declaration of Sudesh, who died of burns, translation whereof reads as under:- 'STATEMENT of Sudesh, wife of Chander Pal, R/o 127, Lado Sarai, New Delhi aged about 24 years. STATED that I am resident of the above address. My mind did not work, I got burnt. My husband is a taxi driver. He is not going for work. I am saying again and again to give me water. My mind did not work. I got burnt. I poured kerosene oil, which was lying at house. ...

Mohammad Sultan and anr. Vs. Anwar Anees and ors.

Court: Delhi

Reported in: 1997IVAD(Delhi)234; 67(1997)DLT360

Manmohan Sarin, J. (1) On 18.12.1996, this Court had directed default notice to be issued to the Counsel for the petitioner and notice of actual date be given to the respondent for 26.2.1997. Counsel for the parties were duly served. The revision petitions had been appearing in the list of regular items from 21.4.1997. However, none appeared on behalf of the petitioner or respondent. I have, thereforee, proceeded to dispose of the petitions on the basis of available record. (2) Revision Petition No. 439/90 has been filed against the common judgment dated 16.1.1990, passed by Sh. Kuldip Singh, the then Judge, Small Causes Court. By the said judgment, learned Judge decided two suits for recovery filed by the respondent. The suits were filed to recover the rent for the period September, 1986 to August, 1989. The respondent claiming to be the owner/landlord filed the said suits for recovery of rent against the petitioners, herein. Suit No. 725/89 was filed against one Shamshuddin, petition...

Far Eastern Carriers Vs. Rikab Dass JaIn and Sons

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

A.P. Chowdhri, President: 1. M/s. Rikab Dass Jain and Sons, hereinafter referred to as the complainant, booked a consignment of hosiery goods through the opposite party on 7.12.1990 for being transported from Delhi to Ranchi. The invoice value of the goods was Rs. 14,107.68 and the goods were to be delivered to M/s. Raj Stores, Shahid Chowk, Ranchi on presentation of goods receipt which had been sent through Bank. The aforesaid consignee did not retire the documents. The GR was, therefore, received back by the complainant. The opposite party was requested to re-book the goods and it transpired that the goods had been delivered to Raj Stores, Ranchi without presenting the GR. The complainant had already received Rs. 3,000/- from the said store leaving a balance of Rs. 11,107.68. The complainant, having failed to receive the said amount, filed a complaint before District Forum-I claiming the amount together with interest against the trans- port company. 2. In reply, the plea put forward ...

Standard Mills Co. Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(95)ELT76TriDel

1. These are five appeals filed by the assessee involving common issues, therefore, they are clubbed together and are being disposed of by this common order.2. Heard both sides. Shri Ashok Sagar, ld. Advocate appearing for the appellants submitted that following issues are involved in these appeals :- (1) Whether waste cotton yarn arising in the course of weaving of fabrics is exempted in terms of Notification 95/61-C.E., dated 1-4-1961; (2) Whether the department was justified in determining the duty for a larger period in Appeal Nos. E/1908, 1909 and 1911/89-D; (3) Whether impugned orders in all the appeals are not liable to be set aside in view of the inordinate delay in passing the orders; and (4) Whether department was right in determining the waste at 4.5% as against 1.2% as declared by the assessee in respect of yarn waste in the manufacture of cotton fabrics.3. As regards the first issue the Tribunal has already decided that the waste cotton yarn arising in the course of weavi...

Nippon Denro Ispat Ltd. Vs. C.C.E.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1997)(93)ELT465TriDel

1. The facts leading to this Appeal are that the appellants are engaged in the manufacture of goods falling under Chapter 72 & 73 of the Central Excise Tariff Act, 1985. They were availing deemed credit of duty allowed on inputs under the Modvat Credit scheme in terms of Govt.of India Order No. 342/1/88-TRU, dated 1-3-1989 and took deemed credit at a rate of Rs. 500 per/MT. The appellants wanted to clear the inputs under Rule 57F(1)(ii) of the Central Excise Rules, 1944 and filed a classification list claiming clearance of the goods at a rate of Rs. 500/MT. The normal rate of duty was Rs. 700 per MT. on the goods in terms of Notification No. 57/89, dated 1-3-1989. A Show-cause-notice was issued to the appellants and the lower authorities decided the issue against the appellants holding that the appellants were required to pay duty at a rate of Rs. 700/MT. Hence the appeal before us. None appeared for appellants nor there is a request for disposal of the appeal on merits. The issue...