Delhi Court March 1999 Judgments
Home Cases Delhi 1999 Page 14 of about 205 results (0.021 seconds)Ace Build (Pvt.) Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1999)(107)ELT308TriDel
1. Question involved in the present appeal is regarding dutiability of steel structures i.e. columns, trusses, purlins, and roofing frames etc. and used captively within the factory premises for erecting sheds.2. Learned Advocate, Shri J.P. Kaushik for the appellants submits that this issue stands again decided by the Tribunal recently in the case of Elecon Engineering Co. Ltd. and Ors. v. CCE, Chandigarh reported in 1999 (31) RLT 5 (CEGAT) wherein it has been held that the fabricated items constitute parts of immovable structurals and do not assume shape of any specific item and therefore, are not liable to duty. The Tribunal also observed in the said judgment that the fabrication of steel structurals by cutting to size, drilling holes and welding or riveting of materials does not amount to manufacture and that these process undertaken were in the nature of intermediate processes.3. Learned JDR, Shri Nunthuk for the Revenue while conceding that the Tribunal has recently passed a judg...
Tag this Judgment!Sheo Raj Singh Vs. Mang. Committee of Nehru Adarsh Senior Sec. School ...
Court: Delhi
Reported in: 1999VAD(Delhi)143; 80(1999)DLT156
K. Ramamoorthy, J.1. The writ petition has been field by Shee Raj Singh challenging the appointment of 4th respondent as the Vice Principal of the School. The 4th respondent has filed C.W.No. 4282/95 for the following reliefs: Under the facts and circumstances stated upon it is humbly prayed that this Hon'ble Court may kindly be pleased to issue appropriate writ, direction or order thereby directing the respondents to allow the petitioner to join and work as Vice-Principal with all the consequential benefits, in the interest of Justice.2. The facts culminating in the filling of the present writ petition could be narrated thus. The post of the Vice Principal in Nehru Adarsh Senior-Secondary School fell vacant on 5.12.1994. Even before that date the School Management sought clarification in this matter and the Deputy Director Education DDE (Act) had written to the Secretary and Manager Raisina Bengali School, Chittranjan Park, New Delhi, as to how this should be done. The letter reads as...
Tag this Judgment!Shibu Soren Vs. Cbi
Court: Delhi
Reported in: 1999IIIAD(Delhi)508; 78(1999)DLT769; 1999(49)DRJ757
ORDERJ.B. Goel, J.1. The petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure (for short the 'Code') in a case for an offence under Section 120-B read with Section 364, 302 the 201 IPC.2. Initially the case was registered under Section 365 IPC. The petitioner was arrested on 22.5.1998 but was released on bail on 13.7.1998 by an Addl. Sessions Judge, Delhi. After further investigation the CBI has submitted a report under Section 173 of the Code aganst seven persons including the petitioner. The petitioner on being summoned by the learned Chief Metropolitan Magistrate (C.M.M.) apprehending his arrest approached the Sessions Judge for anticipatory bail but it was rejected by the learned Addl. Sessions Judge (ASJ). He has now approached this Court. 3. Briefly, the facts as emerged during investigation are that the petitioner had been returned as a M.P. from Dumka District Constituency, Bihar in the year 1980 and again in 1991. One Shashi Nath Jha (hereinaf...
Tag this Judgment!Vijay Aggarwal and Dinesh Aggarwal Vs. the C.B.i.
Court: Delhi
Reported in: 1999IIAD(Delhi)589
ORDERN.G. Nandi, J.1. In both these applications under Section 438 of the Criminal Procedure Code (hereinafter referred to as 'the Code'), the applicants pray for the relief of release before arrest for the alleged offences under Section 304, 328, 272, 273, 201, 420, 120-B of Indian Penal Code read with Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act').2. The prosecution case, as revealed from the charge-sheet is that during the months of May, 1998 to August, 1998 the applicants entered into a conspiracy with an object to adulterate mustered oil by mixing it with Argemone Oil, which resulted in death of large number of people by dropsy disease; that the applicants, namely M/s.Kamal Oil Mills and Vijay Trading Company purchased argemone oil from M/s.Krishna Oil & Cotton Company, Modasa, District Sabarkantha (Gujarat), mixed it in mustard oil and sold the same in the market for consumption; that death of number of persons affected by dropsy d...
Tag this Judgment!Neharika Tyagi and ors. Vs. Army Public School and ors.
Court: Delhi
Reported in: 1999IIIAD(Delhi)609
ORDERMukul Mudgal, J.1. This writ petition was filed by the students studying in classes VIth, VIIth and VIIIth through their parents studying in Army Public School, the 1st respondent and in essence challenges the discontinuance of French Language class in the Army Public School, respondent No.1. This decision to discontinue the French classes was taken in the managing committee meeting of the school on 2nd January, 1998, and is stated to violate provisions of Delhi School Education Act and Rules (hereinafter referred to as the Act). Though the respondent No. 1 to sustain the impugned decision has relied upon an inspection carried by the Director, Military Training and has stated that the discontinuance of French language classes was for bringing about uniformity in Army Public School, branches of which are situated all over the country so as to obviate the inconvenience caused due to transfers from one Army School to another it is nor necessary not permissible to go into this aspect ...
Tag this Judgment!Amira Foods (India) Ltd. Vs. Patriot and ors.
Court: Delhi
Reported in: 1999IIAD(Delhi)679; 78(1999)DLT700; 1999(49)DRJ322
ORDERDr. M.K. Sharma, J.1. By this order I propose to dispose of the application (I.A.No.7427/1998) filed by the applicant, The Bank for Foreign Economic Affairs of USSR under Section 151 of the Code of Civil Procedure for vacation of the interim injunction passed by this court on 22.4.1998 and 23.4.1998 on I.A.No.3388/1998 in Suit No.781/1998. 2. The plaintiff instituted a suit against three defendants seeking for a decree for declaration that the date of shipment under the contract agreement dated 30.1.1998 between the plaintiff and defendant No.1 is deemed to be extended for a period of 30 days from the date on which the permission is granted by defendant No.1 or deemed to be granted by this court for loading to Cargo of 7000 MT of rice as specified under the contract. The plaintiff also sought for a declaration that the validity of the letter of credit dated 5.2.1998 issued by the Canara Bank in favor of the plaintiff deemed to be extended, and also sought for a restraint order res...
Tag this Judgment!Ms. Veena Mehra Vs. International Amusements Ltd. and anr.
Court: Delhi
Reported in: 1999(49)DRJ342
Usha Mehra, J.1. Property bearing No.D-922, New Friends Colony, New Delhi was let out to respondent No.1 i.e. M/s International Amusements Ltd. (in short IAL) on a monthly rent of Rs.7,000/- vide registered lease deed dated 1st April,1987. On expiry of the lease period, petitioner herein let out the property to respondent No.1 vide registered lease deed dated 1st April,1990 on a monthly rent of Rs.16,500/-. Respondent No.2 Shri Sharat Chander Dass was the Director of respondent No.1. Hewas in occupation of the suit premises on account of being the Director of respondent No. 1. The petitioner wanted possession of the suit premises, thereforee, filed a suit against respondent No. 1 after the expiry of the lease period. Decree of possession was passed in her favor and against respondent No.1, its servants, agents and employees etc. vide decree dated 26th May,1993. Pursuance to that decree petitioner filed execution proceedings and obtained warrants of possession. Respondent No.2 filed obj...
Tag this Judgment!Yogi Industries Pvt. Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1999)LC51Tri(Delhi)
1. The appellant filed this appeal against the order-in-original dated 29-9-1989 passed by the Collector of Customs, Calcutta.2. Brief facts of the case are that appellant made import of a machine and declared the same as "Fully Programmable Paper cutting machine Model 735". The appellant claimed the classification of the machine under Heading 8441 of the Customs Tariff and claimed that machine is under the O.G.L. under Sl. No. 11(G) Appendix I Part B of the Import Policy 1985-88. The machine was assessed accordingly and was cleared under O.G.L.3. Thereafter a show cause notice was issued on 8-3-1989 alleging that machine is classifiable under 90.10 of the Customs Tariff and machine was also not eligible under O.G.L. It was also alleged that value of the machine was also declared less than the comparable price of identical goods imported by other importers. After adjudication the Collector held that the machine in question was a slitter rewinder machine and is classifiable under 9010....
Tag this Judgment!Indian Delco Ltd. Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1999)(83)LC556Tri(Delhi)
1. This is an appeal against the order of Collector (Appeals), dated 3.6.1994.2. Ld. Counsel stated that the appellants were engaged in the manufacture of painted (printed) lacquered varnished sheets of various width falling under sub-heading 7210.30. The appellants were availing the benefit of MODVAT scheme by declaring the inputs used in the manufacture of the final products under Rule 57G. One of the inputs used in the manufacture of the above said final products is tin plates.The appellants purchased the input i.e. tin plates from M/s Gaurav Sales Corpn., New Delhi vide Bill of Entry No. 008833 dt. 23.3.1992, 008833 dt. 23.3.1992, 009006 dt. 27.4.1992 and 009001 dt. 27.4.1992 respectively. While selling these inputs M/s Gaurav Sales Corpn.endorsed all the relevant bilis of entry in favour of the appellants.It was endorsed to the effect that the entire material covered under these Bills of Entry were sold to the appellants. The goods were received under the original packing conditi...
Tag this Judgment!Monica Overseas and ors. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1999)(83)LC302Tri(Delhi)
1. The above appeals relate to import of gold in excess of the declared quantity resulting in confiscation of excess quantity with option to redeem on payment of fine and imposition of penalty on the importers.2. Appeal Nos. C/601, 602, 603/98-NB arise out of the adjudication order No. ADU/DS/13/98 dated 24.6.1998. The Bill of entry was filed by M/s. Monika Overseas on 7.4.1998 for clearance of 20 kgs of gold. The consignment was examined and found to contain 200 gold bars of 10 tolas each, total weight being 23.328 kgs instead of 200 bars of 100 gms each, total weight being 20 kgs as declared in the bill of entry. CHA could not satisfactorily explain the excess of 3.328 kgs of gold. On 13.4.1998, the importers submitted a letter dated 12th April, 1998 of their overseas supplier M/s. ARY Traders, Dubai and the amended invoice dated 12.4.1998 bearing the same number as the invoice earlier issued on 6th April, 1998 and submitted along with the bill of entry of 7.4.1998. The amended invo...
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