Delhi Court February 1999 Judgments

Gursharan Kaur Vs. H.B. Singh

Court: Delhi

Reported in: 2000IVAD(Delhi)791; 78(1999)DLT333; 1999(49)DRJ668; 1999RLR318

S.N. Kapoor, J.1. The plaintiff, Smt. Gursharan Kaur claims to be the owner of the suit premises No. R264, Greater KailashI, New Delhi comprised of entire first floor of 208 sq. yds. of land in posh colony of Greater Kailash. This property was purchased by virtue of Sale Deed dated 21st July, 1966 and registered on the same date. Plaintiff No. 2 her husband was managing the property. 2.1. It is claimed that the defendant being partner of the husband of Smt. Gursharan Kaur was inducted in the premises as licensee on account of friendly relations. However, the defendant refused to vacate the premises. He was called upon to vacate and to pay the licencefee on the basis of prevailing market rate which was not less than Rs.10,000/ per month for the period of three years prior of filing of the suit. On failure of the defendant to vacate despite notice, the suit has been filed for the recov ery and possession of first floor of the premises. The plaintiff claims that the defendant is admittedl...

Basant Dayal Vs. Delhi Development Authority and ors.

Court: Delhi

Reported in: 1999IVAD(Delhi)856; 81(1999)DLT343

ORDERCW 1001/991. Heard. 2. The petitioner by way of this writ petition seeks a direction against the respondents recalling the letters dated 5th January,1999 and 15th January,1999 suspending mutation in favor of the petitioner and has also sought a prohibition against the respondents from acting on the Will dated 4th February,1997 propounded by Chetan Dayal, nephew of the petitioner. The petitioner contends that there was no justification in canceling/suspending the letter dated 24th August,1998 without affording any reasonable opportunity of hearing to the petitioner. 3. The communication dated 5th January,1999 is reproduced: GS, (E7/6)/71/CS/DDA/35 Dy. Director (CS) 5.1.1999 The Hony Secy., Govt. Servant CHBS Ltd., Vasant Vihar, New Delhi 110057. Sub: Mutation of plot No. E7/6, Vasant Vihar. Ref: Letter No. GS (E7/6) 71CS/DDA/765 Dt. 24.8.98 Sir, On the subject above, I have been directed to inform you that the mutation of the above cited plot allowed vide this office letter dated...

Navyug School Parents Assn. and anr. Vs. Chairperson, Navyug School Ed ...

Court: Delhi

Reported in: 1999IIAD(Delhi)88; 78(1999)DLT207

ORDERK. Ramamoorthy, J.1. The petitioners in the writ petition challenged the appointment of the 3rd respondent as the Vice Principal of Sr. Navyug School, Peshwa Road, New Delhi and the appointment of the 3rd respondent as Principal of the same school. The 3rd respondent was appointed as Vice Principal and the minutes of the meeting of the DPC held on 16.3.1990 would read as under:- /p>'MINUTES OF THE DPC MEETING HELD ON 16.3.90 AT 4-00 P.M. IN THE ROOM OF THE ECRETARY TO SELECT THE CANDIDATE FOR THE POST OF VICE PRINCIPAL, SENIOR NAVYUG SCHOOL, PESHWA OAD. Present:1. Mrs. Neelam Sharma Chairperson2. Sh. G.S. Patnaik Secretary3. Mrs. Rama Murali F.A.4. Dr. M.C. Mathur E.O. It was decided that the criteria for selection for the post of Vice Principal, Senior Navyug School, Peshwa Road will be seniority cum - suitability. thereforee, out of the 4 andidates fulfillling the RRs., the senior most candidate Km. Raj Bala is selected or the post of Vice Principal Senior Navyug School,Peshwa ...

Tata Engg. and Locomotives Co. Ltd.Vs. Special Director of Enforcement

Court: Appellate Tribunal for foreign Exchange New Delhi

Sarvesh Chandra, Chairman - These appeals are directed against Adjudication Order No. ADA/139/SDE/PKA/P/96, dated 26-8-1996 (disposed on 25-10-1996) under which the penalty of Rs. 7,50,000 has been imposed on the appellant-company for contravention of section 18(2) of the Foreign Exchange Regulation Act, 1973. A further penalty of Rs. 1 lakh has been imposed on the appellant in Appeal No. 368 of 1996 by invoking provisions of section 68(1) of the Act. The allegations against the appellant-company are that they failed to realise in full the proceeds of exports made by them to (a) Anglo Egyptian Motors, Egypt; (b) Ghana Airways Corporation, Ghana; (c) City Express Services, Ghana, and (d) Rites, Iraq. The appeals are accompanied with a petition seeking waiver from pre-deposit of the amount of penalty. 2. Shri Shyam Diwan, the learned counsel for the appellants, submitted at the outset, that he is filing evidence to show that an outstanding amount of US $ 31,000 in respect of GRI No. GL 4...

Collector of C. Ex. Vs. Eicher Good Earth Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1999)(107)ELT376TriDel

1. This is an appeal filed by the Revenue against the impugned order dated 1-9-1994 passed by the Collector (Appeals).2. The short point is to be considered in this case is whether roof canopy fitted to tractors at the request of customers on operational basis is to be included in the value of tractor as an essential accessory.3. We find that the issue involved in this case has been covered by the decision of the Tribunal in the case of Eicher Goodearth Ltd. v. CCE, New Delhi reported in 1992 (62) E.L.T. 772 (Tribunal) as per Order No.1526/97-A, dated 31-7-1997 in the case of Eicher Goodearth Ltd. in Appeal No. E/76/90-A 1997 (94) E.L.T. 331 (Tribunal).4. It was submitted by the JDR that against the order of the Tribunal in the case of Eicher Goodearth Ltd. the department has filed an appeal to the Apex Court and it was admitted. On the other hand Shri Pramod Banthia, Chartered Accountant submits that against the subsequent order of the Tribunal the department has gone to Supreme Cour...

TIn Pack Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1999)(107)ELT33TriDel

1. The issue involves dispute of classification of waste and scrap of metal containers. Appellants manufacture metal containers falling under Heading 73.10 which covers "Tanks, casks ... boxes and similar containers ... of iron or steel..." and they filed a classification list for waste and scrap of iron and steel arising during the process of manufacture, classifying such waste and scrap under CET sub-heading 7204.10. The Department, however, has confirmed classification under CET sub-heading 7204.90 on the ground that the Chemical Examiner's report about the item was that the sample consisted of cut pieces of metallic sheets of different shapes and sizes and are cuttings of tin plated iron. In other words, the lower appellate authority has held that CET sub-heading 7204.10 would not be applicable, because this sub-heading covers ferrous waste and scrap of iron, while the waste and scrap in question is of tin plated iron which is different from iron.None appears for the appellants. H...

Ajay Forgings Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(160)ELT1166TriDel

1. This is an appeal against the order of Collector (A), Ghaziabad dated 9-4-97.2. Ld. Counsel stated that the appellants are engaged in the manufacture of forgings falling under heading 72.07, pipe fitting falling under heading 73.07 and various machined articles falling under Chapter 84. They are supplying final products mainly to Government buyers i.e. Public Sector Undertakings like ONGC, IOL etc. Since they manufactured tailor made items, they manufacture the goods only as per the drawing and design supplied by the customer. Their final product being a sensitive item, almost in all cases the customer inspects the goods before taking the delivery. Therefore, even after manufacture only after inspection they used to enter the same in the RG 1. This practice was being followed since the inception of the company and the local officers who used to visit the factory from time to time never objected to this system. But before entry of the said goods in the RG 1 register they always had ...

Deepak Castings (P) Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1999)(112)ELT908TriDel

1. Both sides point out that the issue involved in the present stay applications is whether the provisions of Section 3A(4) of the Central Excise Act, 1944 enjoining upon the Collector to determine the duty liability of the applicants on the basis of actual production or on the basis of capacity under Induction Furnace Annual Capacity (Determination) Rules, 1997 will prevail.2. This issue stands decided by this Tribunal in its judgment in the cases of Minakshi Castings and Inder Steel (P) Ltd. v. C.C.E., Kanpur vide Order Nos. A/85-86/99-NB, dated 15-1-1999 1999 (112) E.L.T. 737 (Tribunal). In view of the foregoing position, we allow these stay petitions unconditionally.3. Learned Advocate, Shri R. Santhanam submits that in respect of M/s.Venus Loha Udyog Ltd. the capacity under the relevant rules has been wrongly determined and they are being made to pay higher liability in terms of the said wrong determination. He, therefore, submits that in view of the Tribunal's decision in the Mi...

Yaro Khan @ Ahmad Shah Vs. Foreigners Regional Registration Officer An ...

Court: Delhi

Reported in: 1999IIAD(Delhi)124; 1999CriLJ3861; 78(1999)DLT442

ORDERAnil Dev Singh, J.1. The petitioner challenges the order dated December 18, 1998 passed by the first respondent Foreigners Regional Registration Officer (for short 'FRRO'), under section 2 of section 3 of the Foreigners Act, 1946, directing the petitioner not to remain in India and to depart there from within ten days of the issue of the order. The petitioner claims that he is an Indian National having been born at Guwahati on January 10, 1950. He also claims that his father belonging to NorthWest Frontier Province came to India in 1947 as a result of the atrocities perpetrated by Pakistan at the time of partition of the country. The petitioner is stated to have lost his mother when he was nine months old. He alleges that his father abandoned him in his early teens. Thus, according to him, he did not have the support and patronage of his parents and had to fend for himself and had no schooling and is totally unlettered except that he can sign in Urdu.2. On March 22, 1978 the petit...

Murli Singh Vs. Delhi Development Authority and ors.

Court: Delhi

Reported in: 1999IIAD(Delhi)133; 78(1999)DLT223

ORDERK. Ramamoorthy, J.1. The petitioner has challenged in this writ petition the order of removal passed by the Vice Chairman of the D.D.A. removing the petitioner from service under Regulation 19 of D.D.A. (Salaries, Allowances and Condi-tions of Service) Regulations, 1961.2. Before I deal with the point that has arisen for consideration, the facts that are necessary can be noticed very briefly. The petitioner was enrolled as a clerk in Army Ordinance at AOC Centre, Sikandrabad, AP-15 on or about 6th Jan., 1964. He was transferred to 17 Vehicle Battalion Delhi Cant. 10 on or about 25th September, 1965. On 15.7.1967 he was appointed as Store Clerk and posted at Chakrotra Dehradun. Sometime later, he was posted in 26 Infantory Division Ordinance, Field Dark Nagrota, Jammu. He was discharged from army service on 28.2.1971. He had been having good record of service in Army. On 22.2.1972 the petitioner was offered a temporary post of Patwari in D.D.A. By order dated 13.4.1978 the petition...