Delhi Court October 1998 Judgments
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Monica Beads Pvt. Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-14-1998
Reported in: (2002)(146)ELT224TriDel
1. In this appeal filed by M/s. Monk Beads Pvt. Ltd., the matter relates to the demand of central excise duty of Rs. 29,306.00 and a penalty of Rs. 30,000/-. The appellants were engaged in the manufacture of glass beads. During the course of manufacture of glass beads, glass tubes came into existence as an intermediate product. The appellants started the manufacturing of glass beads with the basic varieties of glass itself.2. I have heard Shri Rana Mookherjee, Advocate for the appellants, who submitted that in the case of the present appellants the glass tubes were unprocessed material and came into existence as an intermediate product in the manufacture of glass beads from the basic glass. He pleaded that no part of the production was sold in the market and the goods were consumed captively as the same were not marketable. As the appellants were under a bona fide belief that glass tubes as such were not excisable and dutiable they have not obtained registration with regard to the gla...
Kirtronics Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-14-1998
Reported in: (1999)(111)ELT822TriDel
1. On a visit to the assessees' factory, the officers found 1390.345 kgs. of enamelled copper wire which was not recorded in the R.G. I register. The Assistant Commissioner confiscated the excess goods and permitted their redemption on the fine of Rs. 20,000/-. He also imposed a penalty of Rs. 5,000/- on the assessees. The Commissioner (Appeals), up-held the findings but reduced the fine to Rs. 5,000/- and the penalty to Rs. 3,000/-. The appeal is against this order.2. Shri A. Sisodia, ld. Advocate placed reliance on several judgements of the Tribunal including the case of Kamal Plywood & Allied Industries (P.) Ltd. v. C.C.E., Meerut reported in 1996 (82) E.L.T. 323 in stating that the orders of confiscation and imposition of penalty could not sustain where it was not shown by the department that the non-recording was to facilitate clandestine remove. He, further, argued that the enamelled wires and cables can be termed as fully manufactured goods only when quality control inspect...
Makkar and Loomba Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-14-1998
Reported in: (1999)(63)ECC190
1. This appeal arises from the Order-in-Original, dated 28-2-1989 by which the Principal Collector has classified Sugar Coated Fabrics under Heading 5903.11 of the Central Excise Tariff Act, 1985 and has reclassified the goods "Adhesive Coated Fabrics" under Tariff Heading 5906.90 of the Central Excise Tariff Act, and as a consequence has confirmed duty of Rs. 20,21,636.16 under Rule 9(2) read with Section HA of the Central Excises and Salt Act, 1944 and has also directed to confiscate seized Forty two bundles measuring 7200 mtrs of sugar coated fabrics valued at Rs. 35,640.00 under Rule 173Q of Central Excises and Salt Act, 1944. However, he has granted an option of redemption fine on payment of Rs. 10,000/-under Section 34 of the Central Excises and Salt Act. He has also imposed a penalty of Rs. 1,00,000/- under Rule 173Q of the Central Excises and Salt Act, 1944. While coming to the conclusion on this aspect of the matter of classification, the Collector has held that the assessee ...
Asian Time Industries Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-14-1998
Reported in: (1999)(105)ELT420TriDel
The appellants herein had imported a consignment of horological brass strips and sheets. The clearance of the goods was allowed at concessional rate of duty in terms of Notification No. 46/85-Cus., dated 28-2-1985. The appellants had executed a bond in terms of the said notification with an undertaking to produce the consumption certificate from the concerned Asstt. Collector of Central Excise having jurisdiction over the factory where the appellants have been the manufacturing components of the said wrist watches. Within one year from the date of execution of the bond or such extended period as the Asstt. Collector of Customs may allow. This certificate was not produced. Accordingly the Asstt. Collector of Customs confirmed the demand of Rs. 1,16,646/- against the appellants as stated in the bond executed by the appellants.2. On appeal the appellants herein produced a certificate from a firm of Chartered Accountants regarding the consumption certificate of the said imported goods in ...
Delhi Development Authority and ors. Vs. Surinder Pal Jain
Court: Delhi
Decided on: Oct-14-1998
Reported in: 1998VIIAD(Delhi)181; 1999(48)DRJ242
K.S. Gupta, J.1. This appeal is directed against the judgment dated 13th May, 1998 of the learned Single Judge setting aside the order of termination of the services of the respondent/writ petitioner and holding him entitled to back wages w.e.f. 5th March, 1993 with continuity in service from 1968 for the purpose of promotion.2. Respondent was appointed as work assistant against a temporary post in the DDA/appellant No. 1 in December 1968 and was thereafter promoted as Junior Engineer (Civil) on 5th September, 1969. As a result of the respondent's detention in police custody for a period exceeding 48 hours w.e.f. 26th July, 1976 in case FIR No. 313 dated 20th July, 1976 under Section 302 IPC, P.S. Hauz Khas, he was placed under suspension by the Vice Chairman, appellant No. 2 vide Estt. Order No. 1983 dated 23rd September, 1976 (Annexure P-1). Later on services of the respondent were terminated by appellant No. 2 under sub-rule (i) of Rule 5 of the Central Civil Services (Temporary Ser...
Municipal Corporation of Delhi Vs. Avinash Chandra Gupta and Others
Court: Delhi
Decided on: Oct-14-1998
Reported in: ILR1998Delhi841
ORDERY.K. Sabharwal, J.1. The respondent joined the Municipal Corporation of Delhi (MCD) as a Junior Engineer on 15th April, 1981. He was posted in City Zone as a Junior Engineer on 20th April, 1981 and remained as such till 2nd November, 1982. The respondent was placed under suspension on 2nd November, 1982 in connection with a Departmental case with which we are not concerned. It was noticed that there was unauthorized construction of four storeyed market at Ground Floor, First Floor, Second Floor and Third Floor at premises No. 1366/5 Maliwara within the jurisdiction/area of respondent. Mr. Ram Kishore, Junior Engineer booked the said unauthorised construction and lodged the FIR on 9th November, 1982. Ram Kishore had taken over as Junior Engineer from the respondent on 3rd November, 1982. On 8th December, 1982, one Mr. P.K. Jain, Junior Engineer (Building) inspected the site and found and noted the unauthorised construction. The show cause notice was also issued to the owner - build...
Short Pile Construction Company Vs. Delhi Development Authority
Court: Delhi
Decided on: Oct-14-1998
Reported in: 76(1998)DLT189
Dr. M.K. Sharma, J.1. The petitioner entered into a contract with the respondent for execution of the work of construction of certain flats in Pocket 'C' at Kilokari village and a proper agreement was executed between the parties in respect of the aforesaid works. While executing the aforesaid work disputes arose between the parties and in terms of the arbitration agreement in the contract the aforesaid disputes were referred to the sole arbitration of Shri Trilok Singh, the Arbitrator.2. The Arbitrator, after hearing the parties and receiving the documents placed on record made and published his award on 29.9.1993. Notice of filing of the award was served on the parties and thereafter objections to the award have been filed by both the petitioner as also by the respondent which were registered as I.A. Nos. 7570/1994 and 7571/1994. The petitioner has sought for setting aside and/or modification of the award passed by the Arbitrator in respect of Claims No. 3 & 7 relating to extra cost ...
Ajay Goel Vs. K.K. Bhandari and Others
Court: Delhi
Decided on: Oct-14-1998
Reported in: 1999(48)DRJ292
Dr. M.K. Sharma, J.1.The present suit has been instituted by the plaintiff against the defendants under Section 31 of the Specific Relief Act seeking for a decree for mandatory injunction as also for perpetual injunction. The plaintiff in the present suit has prayed for a decree that the documents namely original sale deed dated 10.1.1997 executed by Mrs. Malti Bhandari in favor of defendant No.1 and registered with the Sub-Registrar, Defendant No. 4, the power of attorney dated 16.12.1996 registered on 18.12.1996 with defendant No. 5 and the documents of transfer of property in favor of defendant No.1 by defendants No.3 & 8 be directed to be filed in Court and the same be declared as void and cancelled and thereafter delivered up to the plaintiff. 2. The plaintiff earlier filed a suit being Suit No. 2946/1996 for possession and permanent injunction and the same is pending in this Court. It is stated that during the pendency of the earlier suit filed by the plaintiff for possession and...
Kamal Kumar Agarwal Vs. Central Bureau of Investigation
Court: Delhi
Decided on: Oct-14-1998
Reported in: 1999CriLJ490; 1999(48)DRJ572
ORDERD.K. Jain, J.1. By this petition under Section 439 r/w Section 482 of the Code of Criminal Procedure (for short the Code), the petitioner seeks bail in FIR No.496/98 dated 25 August 1998, registered in PS Najafgarh, Delhi under Sections 304/328 IPC, later registered as CBI case No.RC/SIG/1998/S-0002 dated 7 September 1998 under Sections 328/304/272/273/201/120-B/420 IPC r/w 7/16 of the Prevention of Food Adulteration Act, 1954.2. Information was received that two persons namely, Pinky, aged 14 years and Smt. Susheela, aged about 45 years, daughter and wife of one Krishan Kant Jha, resident of Ranaji Enclave, Delhi, respectively died on 24 and 25 August 1998 after consuming adulterated mustard oil, in Deen Dayal Upadhyay Hospital, Delhi and two other members of the family were still in the hospital. The mustard oil consumed is stated to have been purchased by Krishan Kant Jha from the shop of one Vinod in the same locality; the latter to have purchased it from Gupta Stores, Shalu E...
Ved Kumari and Another Vs. Shri Kishan Lal and Others
Court: Delhi
Decided on: Oct-14-1998
Reported in: II(1998)ACC724; 1999ACJ1391; 1998VIAD(Delhi)801; 76(1998)DLT518; 1998(47)DRJ673; (1999)121PLR13
ORDERC.M. Nayar, J.1. This judgment will dispose of FAO Nos.177/96, 161/96, 166/96, 168/96, 178/96 and 179/96 respectively. All these appeals have been filed against the Award dated 1st December, 1995 passed by Shri Charanjit Jawa, Judge Motor Accident Claims Tribunal, Delhi. The Award related to three cases arising out of the same accident.2. The brief facts are that on 30th April, 1984 Bhanu Pratap, since deceased with his father, Rajinder Pal, petitioner in claim petition No.360 and Susheel Kumar, petitioner in claim petition No.359 were going on Motor cycle No.DIW-6 driven by Susheel Kumar. It was about 4.20 p.m. when the motor cycle was proceeding on the main University Road from Mall Road for going towards Shakti Nagar. When the Motor cycle was on the crossing of the main road with Flag Staff road, main gate of university, at that time a car No.DHA-3861, came from Flag Staff Road and took abrupt right hand turn at a high speed for going towards Mall Road. In that process, right h...
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