Delhi Court January 2003 Judgments
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Emmanuel O. Agbaizu Vs. N.C.B.
Court: Delhi
Decided on: Jan-29-2003
Reported in: 2003(68)DRJ326a; 2003(87)ECC586a; 2003(1)JCC322
R.C. Chopra, J. 1. The appeal is directed against an order of conviction dated 24.7,1996 and sentence dated 25.7.1996 passed by learned Special Judge by which the appellant was-convicted under Sections 21 and 23 read with Section 28 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act' only) and was sentenced to undergo RI for 15 years and a fine of Rs. 1 lac under Section 21 of the Act and RI for 15 years and a fine of Rs. 1 lac under Section 23 of the Act. In default of payment of fine, he was ordered to undergo further RI for one year. The substantive sentence were ordered to run concurrently. Benefit of Section 428 of the Cr.P.C. was given to the appellant. 2. I have heard learned counsel for the appellant and learned counsel for the respondent. Learned counsel for the appellant has not pressed this appeal on merits and has prayed for indulgence in the matter of sentence on the ground that the appellant has been in custody for the last about ni...
Hindustan Zinc Ltd. Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Jan-29-2003
Reported in: 2003IVAD(Delhi)93; 109(2004)DLT582; 2003(70)DRJ604; [2004(101)FLR655]; (2003)IIILLJ689Del; 2004(2)SLJ504(Delhi)
S.K. Mahajan, J. 1. RULE. 2. With the consent of the parties, the matter has been heard and disposed of by this order. 3. Respondent no.4 vide the letter dated 28.1.1995, was appointed on casual basis on a lump sum emoluments of Rs2570/- w.e.f. 1.2.1995. In terms of the letter of appointment, the appointment was initially for a period of one year subject to review of his performance periodically and consideration for appointment on regular scale subject to his performance. By a letter dated 12.4.1999, the petitioner informed respondent no.4 that his services were no more required with immediate effect. Along with the letter a pay order of Rs.11,273/- was enclosed allegedly in settlement of all the dues of respondent no.4 which included one month's notice pay, retrenchment compensation and salary up to the last working day. Respondent no.4 filed a petition in this Court challenging his termination and praying for quashing of the order and for regularisation of his services. By order dat...
S.R. Bhutani and ors. Vs. D.D.A.
Court: Delhi
Decided on: Jan-29-2003
Reported in: 2003(68)DRJ380
Sanjay Kishan Kaul, J. 1. Rule 2. With the consent of learned counsel for the parties the matter is taken up for final disposal. 3. A perpetual sub-lease deed dated 16.2.1973 was executed by the President of India in favor of one Sh. M.L Tandon in respect of plot bearing No. C-566, New Friends Colony, New Delhi. The said Sh. Tandon entered into an agreement for transfer of the property and also executed a registered Wilt on 28.3.1977. Sh. Tandon expired on 3.1.1980 and in terms of order dated 14.1.1982 passed by the respondent the property was mutated in the name of Mohd. Yunus on the basis of the registered Will and an endorsement to that effect was also made on the perpetual sub-lease deed. 4. The petitioners entered into an agreement with Mohd. Yunus for purchase of the property in question on 27.6.1992. Mohd. Yunus also executed a registered General Power of Attorney on the same date in favor of petitioner No. 4. 5. In April, 1992 Government of India announced a scheme for conversi...
Guru Nanak Vidya Bhandar Trust Vs. Dy. Cit
Court: Delhi
Decided on: Jan-29-2003
Reported in: (2004)90TTJ(Del)353
ORDERR.M. Mehta, V.P.:This appeal is directed against the order passed by the Commissioner (Appeals) raising the following grounds :'l. That the learned Commissioner (Appeals) has erred in law and on facts in sustaining the order of the assessing officer in determining the total income of the assessed at Rs. 1,44,31,205 by rejecting the claim of the assessed for accumulation of the income in accordance with the provisions of section 11(2) read with rule 17 of the IT Rules, on wholly erroneous, illegal and untenable grounds.2. That the learned Commissioner (Appeals) was not legally justified in holding that the object specified in Form No. 10 for accumulation of income under section 11(2) did not specify the concrete nature of the purpose for which accumulation is being made and thereby denying exemption under section 11(2) for accumulation of a sum of Rs. 2.86 crores.3. On the facts and in the circumstances of the case, the authorities below were not legally justified in lightly brushi...
Meghdoot Gramodyog Sewa Sansthan Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-28-2003
Reported in: (2003)(153)ELT695TriDel
1. The issue involved in these three appeals, arising out of a Common Order No. 9/99, dated 29-10-99 passed by the Commissioner, Central Excise, is whether the products manufactured by M/s. Meghdoot Gramodyog Sewa Sansthan are Ayurvedic Medicaments or preparations for use on the hair' falling under Heading 33.05 of the Schedule to the Central Excise Tariff Act.2.1 Shri V. Lakshmikumaran, Learned Advocate, submitted that M/s.Meghdoot Gramodyog Sewa Sansthan, a society registered under the Registration of Societies Act, 1860, manufacture Ayurvedic drugs in its factory which is registered with U.P. Khadi and Gramodyog Board; that they manufacture about 20 Ayurvedic drugs out of which the present appeals are concerned with the classification of the following products : 2.2 He mentioned that Appellants manufacture these products on the strength of the Ayurvedic drug licence under the Drugs and Cosmetics Act 1940; that the ingredients based on which the products are manufactured are duly me...
Continental Cargo Services Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-28-2003
Reported in: (2003)(158)ELT512TriDel
1. Both the appeals are based on common facts and common question of law. Therefore, they are being taken up together for disposal.2. The brief facts of the case are that M/s. Continental Cargo Service is partnership concern and Shri Bhupinder Singh is one of the partners.M/s. Continental Cargo Service is a Customs House agency and is holding a CHA agency for Customs clearance work. The appellants M/s.Continental Cargo Service filed shipping Bill Nos. 15650 to 15653, dated 9-8-98 on M/s. Cinex Overseas for glass beads. After clearance of the said consignment from ICD, Tughlakabad, on its way to Mumbai, the said consignment was intercepted by the Customs authorities. On re-examination of the consignment, it was found that the goods were not of a primary quality and actually consisted of junk and waste material.3. A show cause notice dated 1-12-98 was issued to Shri Bhupinder Singh partner of M/s. Continental Cargo Service and to the exporter for confiscation of the goods and for imposi...
P.T. Rati Ram Engg. Works Vs. Commissioner of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-28-2003
Reported in: (2003)(154)ELT92TriDel
1. After examining the records and hearing both sides, I am of the view that this matter can be finally disposed at this stage. Accordingly, I allow the present application and proceed to deal with the appeal.2. In the show-cause notice issued to the appellants, the department alleged suppression of removal of certain quantity of inputs during the period 1-4-96 to 18-3-98. The allegation was raised on the basis of detection of shortage of the said quantity of the goods in the appellant's factory by the officers of central excise. The officers had resumed various records from the factory. Statements were also recorded. The show cause notice which was issued on the basis of these investigative results, called upon the party to pay the duty of Rs. 4,66,570/- on the above inputs, and also proposed to impose mandatory penalty on them under Section 11AC of the Central Excise Act and further penalty under Rule 173Q of the Central Excise Rules, 1944. The appellant's initially did not respond ...
Keramos Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-28-2003
Reported in: (2003)(87)ECC744
1. In these three appeals arising out of common Order-in-Appeal No.668-670/99, dated 6-8-2001 passed by the Commissioner (Appeals), the issue involved is whether the benefit of small scale exemption notification is available to the goods manufactured by M/s. Keramos.2. Shri A.N. Haksar, learned Advocate, submitted that the appellants carry on the business of printing and decorating on glazed tiles; that they do not manufacture glazed tiles which are purchased by them from other manufacturers or from the market; that they merely carry an activity of printing and decorating the tiles as per specification/design approved by their customers; that their products are customer's specific inasmuch as the customers place an order on them of the choice of KERAMOS design acceptable to them. He mentioned that the process of manufacture in brief is that the duty paid plain ceramic tiles are selected as per the design requirement, plain tiles are cut to required size, designs are made in various si...
Vijay Industries and Projects Ltd. Vs. National thermal Power Corp. Lt ...
Court: Delhi
Decided on: Jan-28-2003
Reported in: 2003IVAD(Delhi)69; 2003(2)ARBLR493(Delhi); 104(2003)DLT171; 2003(71)DRJ457; 2003(2)RAJ360
B.A. Khan, J.Allowed subject to just exceptions. C.M. 100/2003:Application is allowed. Delay in filing this appeal is condoned.FAO (OS) 41/2003:1. Appellant's application under Section 85 of new Arbitration and Conciliation Act of 1996 seeking dismissal of respondent's application (Suit No. 2065-A/95) filed under Sections 5, 11 & 12 of the old Arbitration Act of 1940 has been dismissed by impugned order dated 9.11.2001. Hence this Appeal.2. Appellant was awarded a contract by the respondent for providing fire protection system at one of its plants way back on 18.2.1982. Later some disputes arose between parties, upon which Appellant invoked arbitration clause vide letter dated 9.12.1989 and again by letter dated 10.5.1994. Appellant then approached the Institute of Engineers for appointment of Arbitrators. Though two Arbitrators were appointed but respondent did not submit to the jurisdiction and on the contrary filed a petition under Sections 5, 11 & 12 of the old Arbitration Act of 1...
Macho Foods Private Ltd. Vs. Modiluft Ltd. and ors.
Court: Delhi
Decided on: Jan-28-2003
Reported in: [2004]118CompCas676(Delhi); 105(2003)DLT899; 2003(71)DRJ728; [2003]45SCL159(Delhi)
Mukul Mudgal, J. 1. The applicant is one of the creditors of the respondent company and filed this application on the basis of allegations regarding certain transactions pertaining to fraudulent practices for misappropriating assets and resources of almost rupees 36 crores by the company. The company had filed a proposed Scheme of Settlement with the creditors under Section 391 and 394 of the Companies Act being CA No. 797 of 2000 where directions were sought to convene a meeting of the creditors of the said company for entering into settlement with such creditors. The present application arises from the averments:(a)that a right of offer was made by Modiluft of 2,42,000 equity shares of Rs.10/- each for cash at a premium of Rs.30/- per share totalling Rs.96,80,00,000. (b)One of the conditions of the rights offer was that in case minimum subscription amount of 90 per cent was not received within 60 days from the closure of rights offer i.e. 24th November 1994, the entire subscription a...
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