Delhi Court February 2000 Judgments
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Uttam Industries Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-2000
Reported in: (2001)(130)ELT948TriDel
1. The issue involved in this appeal filed by M/s. Uttam Industries is whether the exemption contained in Notification No. 1/93-CE., dated 28-2-1993 can be claimed by them when they had already opted for not claiming the benefit of said Notification while filing classification list/declaration.2 Shri J.S. Agrawal, Learned Advocate, submitted that the Appellants manufacture aluminium & aluminium alloys plates, sheets, circles, etc., falling under Chapter 76 of the Central Excise Tariff Act; that aluminium utensils were exempt from payment of duty under notification No. 180/88-C.E., dated 13-5-1988; that aluminium circles were also exempted from payment of duty if used captively in the manufacture of utensils; that duty @ 20% ad valorem was payable if sold for home consumption, Notification 180/88 was amended by Notification No.135/94-C.E., dated 27-10-1994 and duty @ Rs. 2000 Ton became chargeable on aluminium circles intended for used in the manufacture of utensils provided no cre...
Ghataprabha Paper and Board Mills Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-2000
Reported in: (2000)(69)ECC741
1. Notice for posting of this appeal to today was sent to the appellant by registered post acknowledgement due. That notice has been returned by postal authorities with the endorsement "factory closed". We heard learned Departmental Representative.2. A Bench of Two-Members referred following issue for decision of Larger Bench by its order dated 4-3-1994 :- "1. Shri P.C. Anand, Chartered Accountant appearing for the appellants submitted that the issue in the appeal is with reference to the appellants' eligibility to take Modvat credit on Industrial cloth, wire mesh and endless felt used in the manufacture of paper and paper boards. The appellants' case has been rejected by the Assistant Collector, Belgam by his order dated 12-12-1990 which was confirmed in appeal under the impugned order of the Collector (Appeals), Bangalore, dated 13-12-1990. It was submitted that even though in respect of the similar inputs this bench in the case of Andhra Pradesh Paper Mills decision dated 21-7-1992...
Eveready Industries India Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-2000
Reported in: (2000)(120)ELT160TriDel
1. The present appeal has been filed by M/s. Eveready Industries India Ltd. against the Order-in-Appeal, dated 25-4-1997 dis-allowing the Modvat credit of the duty paid on the inputs.2. I heard Shri M.P. Devanath, Learned Advocate and Shri Y.R. Ki-lania, Learned D.R. The Collector (Appeals) has disallowed the Modvat credit as the invoices on the strength of which the credit was taken was not pre-authenticated, I agree with the submissions of the appellants that non pre-authentication of the invoices is a curable defect and it has been the consistent view of this Tribunal that the Modvat credit cannot be denied merely on the basis of a curable defect. Further, the learned Advocate has mentioned that the defect was cured subsequently. The second ground on which the Modvat credit has been denied is that the declaration for availment of Modvat credit, under Rule 57G of the Central Excise Rules, was received by the Assistant Commissioner after the availment of credit. The Learned Advocate ...
G.V. International Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-2000
Reported in: (2000)(118)ELT517TriDel
1. These are two appeals filed by M/s. G.V. International & M/s. Satnam Overseas against two orders passed by the Commissioner of Customs, Jaipur ordering confiscation of goods and their release on payment of redemption fine and penalty.2. Shri A. Samad, learned Advocate appearing on behalf of both the appellants, submitted that the appellants had imported Gas Can Refrigerant which on physical examination was found to be Refrigerant-12; that as it was required to be imported by the actual user against the licence and also to be imported from a country which is signatory to the Montreal Protocol on substances that deplete the Ozone Layer and the goods were also considered to be under valued. They requested the Department to allow them to re-export the goods to the supplier in U.A.E. The learned Advocate further submitted that though the Commissioner in the adjudicating order permitted them to re-export the goods, he ordered confiscation and the same were allowed redemption on payme...
Ajay Kumar and ors. Binesh Kumar Vs. Govt. of N.C.T. of Delhi and ors.
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IIIAD(Delhi)15; 85(2000)DLT330; 2000(5)SLR59
ORDERA.K. Sikri, J.1. The petitioners in these two writ petitions are working on daily wage basis with Delhi Agricultural Marketing Committee/Fish. Poultry & Egg. Market Committee. The period for which these petitioners worked is not in dispute. The said period and nature of engagement is stated in more precise terms by the respondents in the counter affidavit which is as under :- CWP No. 3705/99 'The petitioner No. 1 was appointed on daily wages from 24.4.1997 to 24.9.1998. He was disengaged on 25.9.1998. Thereafter, after a gap of nearly 3 months he was again engaged on 21.12.1998 on daily wages basis for a period of 89 days. Thereafter, he was engaged on daily wages basis on 27.3.1999 (after break of 7 days) which expired on 23.6.1999. The petitioner No. 2 was also appointed on purely daily wages basis for a period of 60 days vide letter dated 14.10.1997 after a break of one day. He was engaged again on purely daily wages basis after a break of one week and he worked till 24.9.1998...
Ram Niwas JaIn Vs. Bimal Prasad Jain
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IVAD(Delhi)442; 85(2000)DLT316
ORDERMadan B. Lokur, J. 1. The Appellant filed a second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directed against the order dated 15th February, 1985 passed by the learned Rent Control Tribunal, Delhi (hereinafter referred to as the Tribunal) in RCA No. 980 of 1984. 2. The case set up by the Appellant was that he was entitled to evict the Respondent and obtain possession of the suit premises in view of clauses (b), (c) and (e) of the proviso to Section 14(1) of the Act. Insofar as the case under clauses (b) and (c) are concerned, the same was given up and what has eventually survived is the case under clause (e) of the proviso to Section 14(1) of the Act. The same reads of follows : '14. Protection of tenant against eviction - (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court of Controller in favor of the...
Bhakta Bahadur Chhetri Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IVAD(Delhi)439
ORDERA.K. Sikri, J. 1. Petitioner in this case is chalening his dismissal from service and denial of service pension and other dues to him by the respondents. The averments which are made in the petition are that the petitioner was enrolled in the Indian Army on 5.12.1963 and at the relevant time the petitioner was serving with the Field Repair Workshop. The petitioner applied and was sanctioned the balance of annual leave of 30 days for the year 1980, which was for the period from 3.3.1980 to 7.4.1980. When the petitioner was at his native place in Nepal, his wife fell seriously ill and as he had to attend on her he sent two telegrams to the Military Authorities requesting for the grant of further leave to the petitioner. These telegrams were received by the Military Authorities and he was granted a further leave for 30 days up to 7.5.1980. While the petitioner was at his native place he also fell ill. He had a motorcycle accident in 1974 at Secunderabad, A.P., while he was on his act...
Modern Food Industries (India) Ltd. Vs. Govt. of N.C.T. of Delhi and o ...
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IIIAD(Delhi)764; 2000(53)DRJ481; [2000(85)FLR493]
ORDERA.K. Sikri, J.1. RuleWith the consent of the parties matter is heard at this stage. 2. Charge-sheet dated 27.12.78 was issued to the respondent-workman by the petitioner management. In reply to the said charge-sheet the respondent-workman submitted letter dated 9.1.79 which reads as under: 'Most respectfully, I would like to bring to your kind notice the two memos which you had issued vide letter Nos. D/ADM/PF/162/78- 79 dated 5/1/70 I personally admit that I have committed a mis take and that in future I would not do such things. I hope you will please forgive me 3. Thereafter, by order dated 15/17.3.79 one Shri K.P. Sarin, Sales Manager was appointed as inquiring authority to inquire into the charges framed against the said workman. Preliminary inquiry was held on 29.3.79 and in the said inquiry after the charges were read out the workman admitted having written letter dated 9.1.79 before the Inquiry Officer also. this letter was treated as unqualified apology submitted by the w...
Bhisham Mirani and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IIIAD(Delhi)828
ORDERA.K. Sikri, J.1. Petitioners, who are 32 in numbers, are working as Assistants and Stenographers Gr. I with Lalit Kala Academy that is respondent No. 2. After the recommendations of IV Pay Commission were adopted by respondent No. 2, these petitioners were placed in the pay scale of Rs.1400-2300 w.e.f. 1.1.1986. While they were enjoying this pay scale, V Central Pay Commission gave its report regarding the revision of pay scales which was accepted by Government with necessary modifications. As per this report, the pre-revised pay scale of Rs.1400-2300 of Assistants/Stenographers Gr. I is revised to Rs. 5000-8000. This recommendation was also accepted by Lalit Kala Academy and accordingly petitioners were placed in the grade of Rs. 5000-8000 w.e.f. 1.1.1996. 2.This writ petition is filed in which grievance is made that the petitioners were not given proper pay scale while implementing the recommendation of IV Pay Commission. The petitioners claim Rs.1640-2900 w.e.f. 1.1.1986 and it...
Damodar Prasad Pankaj Vs. National Backward Classes Finance and Devp C ...
Court: Delhi
Decided on: Feb-14-2000
Reported in: 2000IIIAD(Delhi)927; 2000(53)DRJ367
ORDERA.K. Sikri, J.1. The short point which is to be decided in this case is as to whether the action of Respondent No.1 in filling up the post of General Manager by resorting composite method was proper or whether the post should have been filled up on deputation basis as contended by the petitioner. The other related point to be decided is as to whether Respondent No.4 who has been appointed to this post was eligible for such appointment. 2. The facts are largely undisputed and may be stated in brief: 3. Respondent No.1, namely, National Backward Classes Finance and Development Corporation is Government of India Undertaking and 'another authority' within the meaning of Article 12 of the Constitution of India . It issued Circular No./NBCFDC/GM/RECTT /P&A; /98 /5405 dated January 7,1998 to various Corporations informing that the Corporation was looking for a dynamic personnel to the post of General Manager (P & A) in the scale of Rs.8250-300-10050 (IDA) and the post was required to be ...
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