Delhi Court February 2003 Judgments

S.N.S. Diagnostics Ltd. Vs. Cc (A.C. Complex)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(87)ECC602

1. M/s. S.N.S. Diagnostics Ltd. have filed this appeal against the Adjudication Order No. 392/2002 dated 25.5.2002 by which the Commissioner of Customs has confirmed the duty of Customs and imposed penalty and ordered confiscation of the imported goods with an option to redeem the same on payment of a fine.2. Shri Piyush Kumar, learned Advocate, submitted that the Appellants imported Hitachi CAT Scan Machine from Japan and cleared the same by availing the benefit of Notification No. 279/83-Cus under Bill of Entry No. 3079 dated 11.3.86 and 4518 dated 13.3.86; that the machine was installed at the premises of Lisie Hospital in the name and style of Cochin Scan Research Centre; that the Centre was closed on 30.7,96 as the machine was no more viable economically on account of wear & tear; that the Customs Officers seized the machine on 1.4.98 for alleged violation of the conditions of Notification No. 279/83; that the Commissioner under the impugned Order has confirmed the demand, im...

Triveni Engineering and Industries Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. There was a fire accident in the appellant's factory in the night of 8th and 9th June 1996, in which allegedly 833 Qtls. of sugar were totally damaged. The appellants applied to the jurisdictional Commissioner of Central Excise for remission of duty on that quantity of sugar. The original proceedings taken by the Commissioner on the remission application were challenged before this Tribunal and this Bench set aside the proceedings which were found to be in violation of the mandatory provisions of Rule 49 of the Central Excise Rules, 1944.The matter accordingly stood remanded to the Commissioner. Pursuant to the remand order, the Commissioner passed order dated 15.5.2002 after considering the available records and the submission made by the party at the time of personal hearing. The remission application of the party was rejected as per the said order of the Commissioner. Hence the present appeal.2. The adjudicating authority rejected the claim for remission of duty on the following...

Miralka Enterprises Vs. Commissioner of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(153)ELT357TriDel

1. Appellants filed this appeal against the order-in-appeal passed by the Commissioner (Appeals).2. Brief facts of the case are that M/s. India Export House made an import of 7 containers of rough blocks of Italian Marble. The containers arrived at ICD, Pragati Maidan on 1-1-91, but nobody filed bill of entry in spite of notices issued to the importer repeatedly.When no bill of entry was filed, the show cause notice was issued to the importer and the adjudicating authority, vide order dated 27-2-92, confiscated the goods and imposed penalty of Rs. 5 lakh on the importer. The importer, M/s. India Export House filed appeal before the Tribunal and the Tribunal, vide order dated 22-8-94, remanded the matter to the adjudicating authority. The adjudicating authority, vide order dated 28-2-98, confiscated the goods in question under Section 111(d) of the Customs Act. Thereafter, the importer M/s. India Export House had not filed any appeal.3. M/s. Miralka Enterprises filed appeal before the ...

P.B. Narang Vs. Union of India (Uoi) and anr.

Court: Central Administrative Tribunal CAT Delhi

Reported in: (2004)(3)SLJ84CAT

1. This application is the second round of litigation by the applicant as he had earlier filed O.A.2345/1995 which has been disposed of along with another O.A. (O. A. 2387/95) by order dated 25.10.1999. By that order, the claim of the applicant who was applicant No. 2 in O.A.2345/95 was allowed. In other words, the claim of the applicant that he should be allowed to regain his inter-se seniority vis-a-vis the reserved category employees as Goods Clerk and, therefore, he should have prior claim to the post of Goods Supervisor was allowed.Thereafter, the applicant had filed C.P. 158 of 2000 which was disposed of by Tribunal's order dated 2.1.2001. In that order, with regard to the claim of the applicant for arrears of pay, it was observed that he may have a fresh cause of action which he may pursue through proper original proceedings in accordance with law, if so advised.2. Thereafter, this O.A. has been filed, in which the applicant has impugned the seniority list issued by the respond...

Ex. Constable Vijay Pal Singh Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2003IIAD(Delhi)81; 103(2003)DLT33; 2003(67)DRJ238; [2003(97)FLR987]; 2003(1)SLJ221(Delhi); 2003(6)SLR271

Vijender Jain, J. Rule D.B.1. This writ petition can be disposed of at this stage. The petitioner was appointed as a recruit constable in the C.R.P.F. Commandant 123 Battalion. His services were terminated on the basis of the following charges :'That the said No. 913234629 Ct. Vijay Pal Singh committed an act of misconduct in his capacity as a member of the Force under Section 11(1) of CRPF Act, 1949, in that he got recruited himself as Ct/GD in 123 Bn, CRPF as per O/O No. R.II-4/91-123 dated 29/5/1991 by producing 'PRATHMA' certificate issued by Hindi Sahitya Samelan, Allahabad showing it equivalent to metriculation whereas as per Govt. of India letter No. 3/3/1960-(H) dated 6/5/1960 Ministry of Home Affairs, Raj Bhasha Bidhag and Ministry of Personnel P.G. and Pension G.O.I. letter No. 15012/4/87-Estt-(D) dated 18/ 1/92 it has been dearly mentioned that the Govt. had accorded recognition to the 'PRATHMA' examination conducted by the Hindi Sahitya Sammelan, Allahabad only in regard to...

Shri Prabodh Chand Tyagi S/O Late Shri K.C. Tyagi and Smt. Sudesh Tyag ...

Court: Delhi

Reported in: I(2003)ACC374

S.N. Kapoor, J. 1. The parents of the deceased boy, aged 13 years have filed a claim petition. The learned trial court awarded a sum of Rs.50,000/- for the death of her son, aged 13 years. 2. Feeling aggrieved the parents have filed this appeal.3. First the facts in brief: The deceased Prashant Tyagi @ Vickky was going from village Hastsal to Mohan Nagar on 7.7.94 Along with his sister, Preeti in a Maruti Car bearing No. DL-5C-5877. The deceased was sitting on the front seat whereas Preeti was sitting on the back seat. The car was being driven by Ajay Tyagi. A truck bearing registration No. UP-80- 9651 was going ahead the Maruti Car. When the car was moving in front of Radhu Cinema at about 8.20 p. m. the truck driver stopped his truck. Ajay Tyagi also stopped his car. But the DTC bus bearing DLP 220 moving behind the car and driven by one, Madan lal, respondent No. 2 did not stop the bus in time and hit the Maruti car from behind with a great force. The Maruti car was crushed between ...

S.M.S. Udyog Ltd. Vs. Flistex Magnetics Ltd.

Court: Delhi

Reported in: 2003IIAD(Delhi)83; 103(2003)DLT42; 2003(68)DRJ81

S. Mukerjee, J.1. This application (IA No.468/2001) has been filed by the plaintiff with the prayer for striking out the defender of the defendant, on the ground of non-production of ledger and accounts by defendant in violation of the undertaking given to this Court in the order dated 19.9.2001.2. The main suit filed by the plaintiff is for recovery of Rs.55 lakhs on account of the alleged non-payment by the defendant company of the charges falling due on account of (i) 'Liquid Nitrogen' actually supplied by the plaintiff (ii) fixed facility charges payable by the defendant and (iii) the compensation in lieu of short lifting/non-lifting of material in terms of agreement dated 16.3.1992 as executed between the parties.3. During the course of arguments, it has been admitted that the only surviving dispute between the parties, is primarily regarding the liability of the defendant on account of the short-lifting/non-lifting of minimum quantity of liquid nitrogen in terms of the agreement ...

Escorts Finance Ltd. Vs. Hilton Rubber Ltd. and ors.

Court: Delhi

Reported in: 2003IIAD(Delhi)200; 2003(3)ARBLR274(Delhi); 103(2003)DLT65; 2003(1)RAJ634

S. Mukerjee, J. 1. The petitioner (M/s Escorts Finance Limited) vide agreement dated 31.3.1998, had provided lease-finance facility to the respondent in relation to the following equipments :1.1500 Kgs/Hr. Capacity Oil Fired Horizontal smoke tube tire three pass fully Automatic Steam Boiler; 2.1500 Kgs/Hr. Capacity Steam Boiler Along with its Accessories; 3.Dust Collector Systems, and 4.300 LPH Capacity Reserve Osmosis Plant Along with its Accessories for 36 months. 2. The petitioner's case is that it had disbursed a sum of Rs.34 lakhs towards the purchase of the said equipments. The said amount was, agreed to be re-paid by respondent to the plaintiff, with interest at flat rate of 6.27% per annum, in three years by way of 36 equal monthly Installments.3. It has been established on record that respondent defaulted in making timely re-payment. As many as 49 cheques issued by the respondent were alleged to be dishonoured. 4. As on 18.10.2001, it is contended, the respondent was in arre...

Prabodh Chand Tyagi and anr. Vs. Delhi Transport Corporation and anr.

Court: Delhi

Reported in: 1(2003)ACC374; 2004ACJ1352; 2003IIAD(Delhi)223; 103(2003)DLT176; 2003(67)DRJ404

S.N. Kapoor, J. 1. The parents of the deceased boy, aged 13 years have filed a claim petition. The learned Trial Court awarded a sum of Rs. 50,000/- for the death of her son, aged 13 years. 2. Feeling aggrieved the parents have filed this appeal. 3. First the facts in brief: The deceased Prashant Tyagi @ Vickky was going from village Hastsal to Mohan Nagar on 7.7.94 Along with his sister, Preeti in a Maruti Car bearing No. DL-5C-5877. The deceased was sitting on the front seat whereas Preeti was sitting on the back seat. The car was being driven by Ajay Tyagi. A truck bearing registration No. UP-80-9651 was going ahead the Maruti car. When the car was moving in front of Radhu Cinema at about 8.20 p. m. the truck driver stopped his truck. Ajay Tyagi also stopped his car. But the DTC bus bearing DLP 220 moving behind the car and driven by one, Madan lal, respondent No. 2 did not stop the bus in time and hit the Maruti car from behind with a great force. The Maruti car was crushed between...

N.R. Choudhary Vs. Ministry of Human Resource Development and ors.

Court: Delhi

Reported in: 2003IIIAD(Delhi)307; 103(2003)DLT389

Pradeep Nandrajog, J. 1. By way of the present petition, a challenge has been made to the decision taken by respondent No. 3 to levy a differential tuition fee from the students studying in the Kendriya Vidyalaya NTPC, Badarpur. 2. The case of the petitioner is that there are nearly 874 Kendriya Vidyalayas all over the country and a few overseas which are uniformly run by the respondent No. 2. That respondent No. 1 funds those Kendriya Vidyalayas. According to the petitioner, no other Kendriya Vidyalaya is charging any tuition fee and it is only the Kendriya Vidyalaya, NTPC, Badarpur which has decided to charge tuition fee from the students studying in the school. The petitioner alleges that the levy of tuition fee is arbitrary, without any justification and prior notice and hence is liable to be quashed. It is further the case of the petitioner that there can be no discrimination between the students studying in the school and on that account also, the differential fee sought to be ch...