Delhi Court April 2001 Judgments

Cce, Jaipur Vs. M/S. H.E.G. Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(75)ECC666

1. The question referred is the competence of Assistant Collector to act as adjudicating authority. This issue has been answered by a Larger Bench in Commissioner of Central Excise, Jaipur vs. Bhilwara Spinners 2000 (118) ELT 248. As was done by the Larger Bench in that case, we accept the appeal preferred by the Revenue and set aside the order of remand passed by the Commissioner (Appeals). Commissioner is directed to take back the appeal on his file in the original number and dispose of the same on merits in accordance with law. Since the issue was a long pending one, Commissioner (Appeals) is directed to pass final order in the appeal as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this order. We make it clear that he must afford reasonable opportunity of being heard to the appellant before passing final order....

Forum of Acrylic Fibre Vs. Designated Authority Ministry of

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. In view of Final Order No.1/2001-AD dated 12.2.2001 in the case of M/s.Thai Acrylic Fibre Co. Ltd. vs Forum of Acrylic Fibre Manufacturers and Designated Authority, nothing further remains to be done in this appeal. Order impugned in this appeal has merged in the abovementioned order of this Tribunal....

Shri Rakesh Kumar Vs. Cce 1cv Tuglakabad N. Delhi

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Vide stay order No.06/2001/NB(DB) dated 1.1.2001 the appellants were directed to deposit a sum of Rs.30 lakhs within a period of 12 weeks from 1.1.2001 and to report compliance on 9.4.2001. It was made clear in the aforesaid stay order that failure to comply with direction shall result in vacation of stay and rejection of appeal without further notice. But none has come present for the appellants today i.e.9.4.2001 for reporting compliance nor any request for adjournment had been received from them. Hence, their appeal is dismissed for non-compliance of the stay order....

Shri Maninder Pal Singh, M/S. Him Vs. Cc New Delhi

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Shri Maninder Pal Singh, partner of M/s. Him Electronics Traders is required to pre-deposit penalty amount of Rs.3 lakhs for hearing his appeal against the impugned order dated 13.12.2000 passed by the Commissioner of Customs((General), New Delhi.2. Shri L.P. Asthana, Advocate submits that there is another appeal filed by M/s.Him Electronics Traders in which a prayer has been made for staying the operation of the impugned order. As far as the stay is concerned, he submitted that the applicants were not pressing for the same at this stage. Accordingly, the stay application filed by M/s. Him Electronics Traders is dismissed as not pressed.3. As regards the partner, it was his submission that the goods over Rs.30 lakhs were absolutely confiscated and that the order suffers from may infirmities which he will press at the time of the final hearing.It was his submission that the appeal filed by the both M/s. Him Electronics Traders and Shri Maninder Pal Singh be heard without insisting a...

M/S. Arihant Cotsyn Ltd. Vs. Cce, Chandigarh

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(75)ECC629

1. The issue involved in this appeal is the dutiability of cotton softwaste prior to the amendment of Chapter 52 of Central Excise Tariff w.e.f. 26.5.95.The issue has come before this Larger Bench on account of difference of opinion among Division Benches.2. The relevant facts are that Chapter heading 25 was amended in the Finance Bill, 1995.The heading at it stood before and after the amendment read as under:-- Heading Before Finance After Finance Bill Bill 1995 1995 1. 5201 Waste Yarn (Hard Waste) Cotton, Not (including garnetted carded or 2. 5202 Cotton carded or Cotton waste combed (including yarn 3. The appellants are a 100% EOU engaged in the manufacture of cotton yarn, out of cotton.Various types of waste items arise in the processing of cotton and manufacture of yarn. Show cause notice dated 7.8.95 was issued to the appellant as to why duty should not be demanded from them in respect of waste products.The show cause notice was adjudicated by the Dy. Commissioner at Ludhiana un...

Delhi State Industrial Development Corporation Ltd. Vs. Shri J.K. Thak ...

Court: Delhi

Reported in: 2001IVAD(Delhi)1094; 91(2001)DLT738; 2001(59)DRJ141; [2001(90)FLR959]; (2001)IILLJ780Del

ORDERKhan, (J)1. Respondent was engaged as daily wager in Appellant-Corporation way back in 1980. He was later assigned duties of Assistant Grade-III from 17.12.1984 and also paid wages in that category. He sought regularisation of his services on this post and took a typing test and interview of this but could not be allegedly regularised because of pendency of Writ Petition No. 3777/85 o the subject matter, though services of some of his juniors were regularised, according to him, meanwhile.2. A complaint was lodged against this Respondent on 21.9.1987 of having accepted bribe of Rs.150/- and he was discharged next day on 22.9.1987. He challenged this by CWP No.121/88 and sought quashment of this order and also a declaration for regularisation of his services on the plea that impugned action was punitive based on unilateral findings of guilt emanating from allegations of misconduct. He claimed that he could not be ousted without being regularised and without recourse being taken to p...

Dinesh and Another Vs. State

Court: Delhi

Reported in: 2001IVAD(Delhi)547; 2002CriLJ108; 91(2001)DLT528; II(2001)DMC33; 2001(58)DRJ626

ORDERR.C. Chopra, J. 1. The appellant No. 2 Smt. Attar Pyari has moved this second application under Section 389 read with Section 482 of the Code of Criminal Procedure for supervision of sentence during the pendency of the appeal. The appellant stands convicted under Section 304 B and 498A of the IPC and sentenced to undergo RI for seven years under Section 304B IPC and RI for 2 years and a fine of Rs. 10,000/- under Section 498A of the IPC.2. I have heard learned counsel for the appellant and learned counsel for the State. I have gone through the Trial Court records.3. The earlier application moved on behalf of the appellant mother in law was dismissed by this Court on 5.1.2001 by a detailed order. There appears to be no material change in the facts and circumstances calling for taking a different view in the matter of suspension of the sentence awarded to the appellant-petitioner.4. According to the prosecution the deceased Babli, daughter-in-law of the petitioner, had died within t...

The Delhi State Cooperative Bank Ltd. Through Mr. Ramesh Chandra Sr. A ...

Court: Delhi

Reported in: 2001IVAD(Delhi)574; 91(2001)DLT555

ORDERKhan, (J)1. Respondent Society took a loan from appellant-bank. The society allegedly defaulted giving rise to a dispute referred to Arbitration by Registration who passed award of Rs.19,04,323.97 against the Society of which Rs.15 lakhs and odd was for principal amount and Rs.2.70 lakhs or so as interest. Pursuant thereto parties executed an agreement dated 30.8.1987 whereby respondent society was required to liquidate the debt in Installments. of Rs.20,000/- per month to be adjusted towards principal amount and Rs.10,000/- per month toward interest. this arrangement worked for some time and after paying forty Installments (Rs.8 lakhs for principal amount and Rs.14 lakhs towards interest), Society allegedly defaulted again. Appellant retaliated by appropriating payment towards principal amount and adjusted it towards interest. It also took action for attachment and auctioning of Society's property and for issuance of arrest warrants against its officials.2. The Society filed C.W....

Mrs. Sham Piari Nayyar Vs. the State

Court: Delhi

Reported in: 2001IVAD(Delhi)642; 91(2001)DLT520; 2001(59)DRJ104

ORDERA.K.Sikri,J.1. This petition is filed by the petitioner under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as the Act, for short) for issuance of letters of administration in respect of Will dated 19th August, 1989 registered on 22nd August, 1989 with the Sub-Registrar, Delhi. Petitioner is the wife of Testator - late Shri Gobardhan Lal Nayyar, B-1/41, Paschim Vihar, New Delhi. As per the petition, Shri Gobardhan Lal Nayyar (hereinafter referred to as the Testator, for short) had executed Will dated 19th August, 1989 which was registered on 22nd August, 1989 as Document no.3, Volume No.519 at page 31-32 with the Sub-Registrar, Delhi. He died at Delhi on 1st October, 1994. As per the said Will he bequeathed all his properties mentioned therein in favor of his wife namely, the petitioner. List of assets bequeathed by the Testator for which the present petition is filed are annexed with the petition as Annexure-C. 2. The Testator left behind, besides the pe...

Smt. Manju Sawhney and Others Vs. Shri Mohinder Singh and Others

Court: Delhi

Reported in: I(2001)ACC760; 2001IVAD(Delhi)629; 91(2001)DLT524; 2001(59)DRJ98

ORDERKhan,(J)1. One Krishan Lal Sawhney, Administrative Officer in LIC, was killed in a road accident on 6.4.1976 He was drawing a salary of Rs.2,065.40 at that time. His LRs (appellants) filed a claim suit no. 403/1976. MACT assessed monthly income of deceased at Rs.2,065/- and his annual dependency at Rs.13,368/- and adopted a multiplier of 15 to award compensation of Rs.2,00,520/-. It, however, deducted Rs.4650/- towards acceleration of estate and 15% for lump sum payment to reduce award amount to Rs.1,66,490/- and held liability of insurance company limited to Rs.50,000/-.2. The driver of the offending vehicle filed FAO 215/1981 against this award and Appellants also filed cross-objections in it claiming compensation of Rs.10.5 lacs or so with interest. First appellate court dismissed the Insurer's appeal and held its liability unlimited. It also dismissed Appellant's cross-objections but awarded them 12% p.a. interest.3. Appellants feels aggrieved of this and has filed this appeal...