Delhi Court November 1998 Judgments
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Wing Commander (Retired) H.M. Sethi Vs. Ministry of Human Resources an ...
Court: Delhi
Decided on: Nov-18-1998
Reported in: 1999IAD(Delhi)213; 77(1999)DLT37; ILR1998Delhi908
ORDERK.S. Gupta, J.1.This petition under Article 226 of the Constitution of India has been filed alleging that the medical education and grant of degrees etc. in the field of medicine, are not controlled and regulated by the Indian Medical Council Act, 1956. Indian Medicine Central Council Act, 1970, Homoeopathic Central Council Act, 1973 and Indian Medical Degrees Act, 1916 of late, newspapers have been flooded with advertisements of the institutions which are functioning in violation of the provisions of said Acts and causing incalculable damage to public health. The New Delhi Medical Institute of Electropathy, functioning at H-38, Street No. 9, New Mahabir Nagar, New Delhi is one of such institutions. It claims to be affiliated to NaturoElectro Homoeo Medicines of India (for short 'N.E.H.M.') and authorised to function by the Ministry of Health and Family Welfare, Government of India. Dr. N.K. Awasthy projected as the Electopathy Smarat of India, is the founder of this institution. ...
Shreekant Gupta Vs. Ministry of Environment and Forests and anr.
Court: Delhi
Decided on: Nov-18-1998
Reported in: 1998VIIAD(Delhi)507; 76(1998)DLT745; 1999(48)DRJ91
ORDERVijender Jain, J.1. Rule.2. This writ petition can be disposed of at this stage.3. Respondents have issued an advertisement for Overseas Post-Doctoral Research Fellowship in Environmental Economics. Requirement for consideration was that Indian citizens holding permanent position in Indian University, Colleges or Research Institutes with a Ph.D in economics and below 40 years of age as on the last date prescribed for receipt of completed applications, are eligible for these research fellowships. It was further stipulated that the preference will be given to candidates who are teaching in an University or a college and have taken courses in environmental economics at the post-graduate level/have done teaching or research in that area. Respondent has contended that 15 applications were received by the respondent and after short listing 8 candidates were selected for interview.4. Aggrieved by non-consideration of the application, the petitioner has filed this writ petition. At the ou...
Vidyawati and Others Vs. A.N. Wanchu and Others
Court: Delhi
Decided on: Nov-18-1998
Reported in: 1998VIIAD(Delhi)503; 77(1999)DLT177; 1999(48)DRJ263
ORDERDr. M.K. Sharma, J.1. This is an application filed by Mrs. Jaskirat Datwani through her attorney, Mr. Pradeep Sehgal, seeking for modification and/or review of the judgment/order dated 12.4.1996 passed by this court whereby this court accepted the suggestions of the Local Commissioner for construction of a 5 feet to 6 feet passage to be provided to the appellants in appeal from the main gate to the annexe after raising a brick wall or a perforated jail in order to protect the privacy of the inhabitants of the annexe and the main building.The appellants in the appeal were legal representatives of the plaintiff and on the death of the original plaintiff they were substituted in place of the deceased plaintiffs. The aforesaid appellants filed the appeal against the order dated 2.2.1995 passed by the Single Judge vacating partially the ad interim injunction in respect to the lawn and the land attached to the annexe of 6, Friends Colony (West), New Delhi. Subsequent to the filing of th...
Sardarni Daljeet Kaur Vs. Delhi Sikh Gurdwara Management Committee and ...
Court: Delhi
Decided on: Nov-18-1998
Reported in: 1999(48)DRJ644
K. Ramamoorthy, J.1. The facts necessary for the appreciation of the contentions of the learned counsel for the parties in the application could be stated in the following terms:2. It is common ground that the parties arc governed by the Delhi Sikh Gurdwaras Act, 1971. Under the provisions of the Act, the persons who arc registered on the electoral roll for the election of the election of the Committee, are entitled to exercise their franchise for the election of the members of the 'Delhi Sikh Gurdwara Management Committee'. It consists of, it is stated at the Bar, about 51 members. This Committee which was constituted under the Act, passed a Resolution on the 28th of January, 1998 and the same reads as under:-'The matter of all the managing committees and sub-committees functioning under the Delhi Sikh Gurdwara Prabandhak Committee was put up for consideration and it was unanimously resolved that all the previous managing committees and sub-committees are dissolved and the President a...
Kamal Novelty Mfrs. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)(105)ELT355TriDel
1. This is an appeal dated 30-11-1990 confirming the enhancement of valuation of the goods from Rs. 66,2337-to Rs. 6,64,530/- in terms of Customs Act, 1962 read with Section 14(1) and 14(1)(a) of the Customs Act. The goods were confiscated and released on redemption fine of Rs. 1.5 lacs under Section 125 of the Customs Act. Personal penalty of Rs. 3 lacs was also imposed under 112(a) for misdeclaration of the value of the goods. The brief facts of the case are that the appellants had imported glass chattons declaration and filed claiming a valid licence and declaring the goods as Hong Kong Dollars of 4.00 per 10 gross.However, the department investigated the matter and on the basis of the said investigation evidence was collected and it revealed that the appellants had misdeclared the value and the correct value was HK $ 3.50 per gross and on that basis proceeded to arrive at the assessable value and a show cause notice was issued.2. The assessee contended in their reply before the Co...
Khanbhai Esoofbhai Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)(107)ELT557TriDel
1. These are a batch of 18 appeals referred to this Larger Bench for consideration of an important question of law. The question raised relates to continued availability of Modvat Credit under the Central Excise Rules, 1944 and the legality of the assessee's claim to retain the said credit when the final product becomes fully exempt from payment of duty. Or, on the flip side, was it legal and proper for Revenue to seek recovery of Modvat Credit correctly taken and utilized by an assessee on (a) inputs lying in stock and (b) inputs used in manufacture of final products lying in stock, when the final products become exempt from duty or when the assessee opts for full exemption under a notification. There were conflicting views expressed by different Benches of this Tribunal on these questions. While some of the decisions supported the view that Rule 57C would require reversal/recovery of credit taken others have held that the Rules do not provide for any such recovery or demand for reve...
Plus Cosmetics Pvt. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)LC228Tri(Delhi)
1. The above appeals arise out of the order of the Commissioner of Central Excise, Kanpur confirming the duty "demand of Rs. 1,24,74019.76 P. against M/s Plus Cosmetics Pvt. Ltd. (hereinafter referred to as PCPL) on the basis that the price at which M/s Corona Cosmetics and Chemicals Ltd. (hereinafter referred to as CCCL) sold detergent cakes and detergent powder supplied to them by PCPL, to independent buyers in the course of wholesale trade is the normal price of PCPL, treating CCCL as a favoured buyer of PCPL, imposing a penalty of Rs. 10 lakhs on PCPL and penalty of Rs. 5 lakhs on CCCL, penalty of Rs. 2 lakhs on Shri P.A. Kharwadkar, Managing Director of PCPL, and a penalty of Rs. 50,000/- on Smt. P.P. Kharwadkar, Director of PCPL. The period of demand is July 1989 to January 1995.2. The facts of the case are that PCPL is engaged in the manufacture of 'Plus' brand detergent cake and powder while CCCL is engaged in the manufacture of 'Plus' brand detergent cake only. CCCL was payin...
Satyanjay Paper Mills Pvt. Ltd. Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)(105)ELT346TriDel
1. The appellants herein manufacture inter alia packing and wrapping paper (undisputedly this is indeed known as Kraft paper). They filed a classification list effective from 1-4-1983 and claimed exemption in terms of Notification No. 46/83 dated 1-3-1983 which covers all papers other than certain excluded varieties such as paper board, certain tissue paper etc. The classification list was approved .extending the benefit of this notification; subsequently a show cause notice was issued on 23-3-1985 covering the period from March 1983 to February 1984 raising a duty demand on the ground that the appellants were not entitled to the benefit of Notification 46/83 at a lower rate but were liable to pay differential duty applying Notification 47/83 dated 1-3-1983 to the goods in dispute. The Additional Collector confirmed the demand on the ground that the Notification 47/83 was specific for all sorts of paper commonly known as kraft paper...'. He applied the extended period of limitation on...
G.M. Mittal Stainless Steels Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)(63)ECC697
1. The above appeal arises out of the order of the Collector of Central Excise, Indore confirming a differential duty demand of Rs. 14.00,440.65 on a quantity of 2667.506 MTs of ingots/castings manufactured and cleared during the period from 4.3.89 to 26.6.89 on the ground that such ingots/castings were stainless steel ingots attracting duty @ Rs. 1000/- PMT vide Notification 64/89-CE dated 1.3.89, but had been cleared in the guise of other high alloy steel ingots attracting duty @ Rs. 500/- PMT and imposing a penalty of Rs. 2 lakhs on the appellants herein. The case is based on analysis registers and reports indicating the percentage of chromium more than 10.5% (Note IE of the Chapter 72 defines stainless steel as "alloy steel containing by weight 1.2% or less of caron and 10.5% or more of chromium"), 4 log sheets out of 300 log sheets indicating the change in description from alloy steel to stainless steel and 5 letters where high alloy steel was shown as stainless steel ingots.2. W...
interarch Building Products Ltd. Vs. Commr. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-17-1998
Reported in: (1999)(105)ELT377TriDel
1. These are 12 Appeals involving the same issue, namely, the interpretation of Notification No. 11/97-Cus., dated 1-3-1997. By the impugned order, the Commissioner of Customs (Appeals) had denied the appellants the benefit of the Notification.2. Ld. Counsel Shri A.N. Haksar, appearing for the appellants, submitted that the appellants had sought clearance of a consignment of Tre-Painted Aluminium Zinc Alloy Coated Sheets in Coil' vide various Bills of Entry. Initially the Bills of Entry were assessed and allowed clearance giving the benefit of Notification No. 11/97. Subsequently, the Department took the view that the goods were not eligible for exemption and less charge demands were issued to the appellants. This was confirmed by the authorities below.3. Ld. Counsel referred to the findings in the Collector (Appeals') order. The Collector (Appeals) had held that since the appellants had imported "Cold Rolled Coils" (mentioned at S. No. 105 of Table to Notification 11/97) which had be...
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