Delhi Court July 2003 Judgments

Kurt-o-john Shoe Components Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)LC342Tri(Delhi)

1. In this Appeal filed by M/s. Kurt-o-John Shoe components (India) Pvt. Ltd. whether the clearances effected under Paragraph 9.10 (b) of the EXIM Policy 1997-2002 has to be taken into consideration for the purpose of determining the limit of sale of goods by a 100% Export Orented Undertaking into Domestic Tariff Area.2. Shri J.M. Sharma, learned Consultant, submitted that the Appellants is a 100% Export Oriented Undertaking approved to manufacture and export soles, heels, tops lifts and emblems, hat Para 9.10 (b) of the EXIM Policy provides that supplies from 100% Export Orented Undertaking effected into D.T.A. against payment in foreign exchange shall be counted towards fulfillment of export performance; that the Appelants have supplied goods into DTA against payment in foreign exchange on payment of full Central Excise duty and such supplies were counted towards fulfillment of export performance and were considered as export for all purposes by the Appellants; that in accordance wi...

Minda Industries Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(90)ECC187

Officer of Central Excise visited the appellant's factory on 25.3.98 and conducted verification of the physical stock of inputs and final products, whereupon, inter alia, a shortage of certain auto parts (final products) was found vis-a-vis the RG-1 balance. A panchnama was duly prepared in this connection in the presence of Shri J.S. Sisodia, Manager (Finance) of the appellant company, and other independent witnesses. A statement of Shri Sisodia was also recorded under Section 14 of the Central Excise Act, wherein he admitted the shortage and paid the Central Excise Duty on the goods found short. On the basis of these results, the department issued a show-cause notice proposing to appropriate the amount of duty so paid by the party, towards demand of duty on the goods found short, as also proposing to impose penalty on them under Section 11AC of the Act on the alleged grounds of fraud, suppression and contravention of various rules of the erstwhile Central Excise Rules, 1944. These p...

Commissioner of Central Excise Vs. Indore Steel and Iron Mills Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. The Revenue has filed the above captioned appeals against the common order-in-appeal dated 21.2.2003 vide which the Commissioner (Appeals) has reversed the order-in-original and allowed modvat credit on furnace oil used as fuel by the respondents in respect of dutiable as well as non-dutiable varieties of wire rods manufactured by them.2. The issue whether the modvat credit could be availed by the respondents on the furnace oil used as fuel by them in respect of dutiable/non-dutiable goods (wire rods) manufactured by them already stands decided in their own earlier case by the Tribunal vide Final Order No.A/176/02-NB(SM) dated 4.2.2002. The Tribunal had allowed them the modvat credit in these circumstances. The argument of the learned SDR that the said Final Order in the respondents' own case passed by the Tribunal earlier had not been accepted by the Department and they had challenged it by making a reference application to the Hon'ble High Court of Madhya Pradesh. But so far the ...

Jaybee Lamination Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(158)ELT292TriDel

2. Applicants filed this application for waiver of pre-deposit of duty and penalty. The demand was confirmed on the ground that the applicants have shown more wastage than prescribed in the Exim Policy. Applicants availed the benefit of Notification 17/2001-Cus. and in that notification there is no condition regarding percentage of waste.Therefore, prima facie, applicants have a strong case. The pre-deposit of duty and penalty is waived. Adjourned to 18-9-2003 for arguments....

Smt. Tara Wati Vs. S.C.E.R.T. and ors.

Court: Delhi

Reported in: 2003IVAD(Delhi)477; 106(2003)DLT235; 2003(71)DRJ747

Vikramajit Sen, J. CW 4502 of 2003 1. Rule. 2. By consent of counsel for the parties the petition has been taken up for final disposal keeping the urgency and exigencies of the matter in perspective. The factual matrix is not in controversy save for the Petitioner's accusatory assertion that the decision of the Interview Board finding her unsuitable was actuated by mala fides so that less meritorious candidates could be given admission. 3. The Petitioner has applied to the Respondent for admission to its Diploma course in Elementary Teacher Education (ETE) in the Urdu discipline as a Scheduled Caste candidate. She has passed the CBSE Examination held in March/July, 1988. The Petitioner has cleared the Delhi Senior School Certificate Examination of the Board held in March 1990. It appears that she has also passed the Urdu Course - A offered by the CBSE, Delhi Secondary School Examination, 2003, having obtained forty three per cent (43%) marks. The Result of the Entrance Test 2003 conduc...

Sunil Chauhan, S/O Shri D.B.S. Chauhan Vs. the Commissioner, Municipal ...

Court: Delhi

Reported in: 105(2003)DLT935; 2003(69)DRJ748; 2003LabIC3350; 2004(1)SLJ181(Delhi)

Vijender Jain, J. 1. Rule.2. Writ petition has been filed by the petitioner aggrieved by his non-appointment to the post of Junior Engineer. It is the case of the petitioner that in terms of the advertisement, petitioner participated in the examination conducted by respondent no.2 and was declared successful. When he was not receiving appointment letter, he approached authorities but in vain. Ultimately he filed this writ petition. According to the petitioner, the petitioner was to be granted relaxation of age as contemplated in the brochure which contained the following clause:- 'Age relaxation for Group C post for Sportspersons up to 5 years'3. It is the case of the petitioner that the petitioner has produced a certificate from the competent authority that he had played football at the zonal level. The petitioner's case, it seems, was not considered for relaxation of age by the respondent. My attention has been drawn to the legal opinion rendered by the Chief Legal Adviser of the MCD...

Ruby Advertisers Vs. Delhi Development Authority

Court: Delhi

Reported in: 2003VAD(Delhi)359; 105(2003)DLT927; 2003(70)DRJ595; 2003RLR521

Sanjay Kishan Kaul, J.1. The petitioner being the perpetual lessee of an industrial plot is aggrieved by levy of a charge as a pre-condition to the grant of permission to let out the premises constructed on the said plot. 2. The petitioner, a partnership firm, purchased an industrial plot measuring 600 sq. yds. bearing No. E - 49/3, Okhla Industrial Area, Phase - II, New Delhi in an open auction in the year 1972 and the perpetual lease deed was executed in favor of the petitioner on 04. 01. 1973. 3. The petitioner constructed an industrial building for carrying on its business of manufacture of garments and was using the same since its inception. However, on account of apparently recession in the business, the petitioner wanted to let out a part of the premises. It is stated that though the petitioner was not bound to apply for permission to let out the portion of the factory premises to a third-party, had applied to the respondent for the same on 23. 02. 2001. The petitioner received ...

Tej Pal Singh Yadav and ors. Vs. Rajasthan State Road Transport Corpor ...

Court: Delhi

Reported in: III(2003)ACC140; 2003VIAD(Delhi)474; 106(2003)DLT325; 2003(70)DRJ410

S.K. Mahajan, J. 1. This order will dispose of both the above appeals filed by the father and brothers of the deceased for enhancement of compensation for the deaths of Jai Pal Singh Yadav and his wife Mrs.Sheetala Yadav, both of whom died in a road accident due to the rash and negligent driving of the bus owned by respondent no.1. Despite service, no one has appeared on behalf of the respondents and I have, thereforee, proceeded to decide these appeals ex-parte. A few facts relevant for deciding these appeals are:-2. The deceased Jai Pal Singh on July 5, 1988 was going on a two wheeler scooter from Delhi to Ghaziabad and his wife was sitting on the pillion seat; that when the scooter was crossing the New Rohtak Road and Faiz Road crossing adjacent to Telephone Exchange, the scooter was stated to have been hit by the bus, owned by respondent no.1 and driven by respondent no.2. The bus was allegedly being driven rashly, recklessly and negligently by its driver. As a result of the accide...

Krishna Vs. the Secretary Labour and anr.

Court: Delhi

Reported in: 2003VAD(Delhi)583; 109(2004)DLT346; 2004(75)DRJ61; (2004)IILLJ206Del

Mukul Mudgal, J.1. The impugned order dated 31st January, 2000 declines to make a reference of the dispute sought to be raised by the petitioner on the ground of lapse of more than 10 years in approaching the Conciliation Officer. This order was reiterated by the Order dated 31st October, 2001 which declined to review the Order dated 31st January, 2000. The Order dated 31st October, 2001 is also impugned in this petition. 2. In my view the statement of claim before the Conciliation Officer was filed by the petitioner on 14th December, 1998 while the alleged termination of services was on 21st January, 1989. In view of the position of law laid down by the Hon'ble Supreme Court in Nenungadi Bank Limited vs. K. P. Madhav Kutty reported as 2000 LLR 340 which justify rejection on ground of passage of time and the lack of any satisfactory Explanationn for the long delay makes it obvious that no interference is called for with the impugned Orders dated 31st January, 2000 and 31st October, 200...

Surya Kiran Maintenance Society Vs. Chief Fire Officer

Court: Delhi

Reported in: 2003VIAD(Delhi)517; 106(2003)DLT150

ORDER1. Against the notice issued by Chief Fire Officer dated 23rd July, 2003 the applicant has approached this Court. 2. By that notice the petitioners are called upon to provide here safety measures in due compliance with the provisions of law contained in the various provisions and also the decision rendered by this Court. It is prayed that on or before 30th September, 2003 fire safety measures shall be provided and the Chief Fire Officer shall be informed about completion of fire safety measures so as to enable him to carry out the inspection for granting certificate, if it is in accordance with law. 3. It is also stated by the learned Counsel that all the persons occupying the building shall file an undertaking individually before this Court to the effect that if fire safety measures are not provided in accordance with the notice issued by the Chief Fire Officer by 30th September, 2003, then they shall vacate the premises and seal the premises. In view of this undertaking and the ...