Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: delhi Year: 1989 Page 6 of about 224 results (0.059 seconds)

Modi Rubber Limited Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC348

..... that according to smt. sudha rani v. m.p. narayan and ors. 1988 (3) supreme court cases, page 366 affidavits are not evidence under section 3 of the evidence act. the appellants cannot fill up a lacuna in their case by filing the affidavits. referring to them individually he submitted that shri pyrelal who was a deponent ..... . 1983 elt1607 (s.c.) observed that where the statute did not contain definition stress should be placed on how the product was identified by the class or section of people dealing with or using the product. the depositions made in the affidavits filed before the collector are in consonance with the practice of motor vehicle department ..... a van registration authorities registered both the vehicles describing the body of each as "saloon". we are unable to accept shri chakraborty's objection that motor vehicle act is not relatable to central excise law. as mentioned earlier there is no definition of a saloon car in the tariff or in the notification. undoubtedly the officers .....

Punjab Anand Lamp Industries Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC251

..... attaching the goods round, some other article and in particular includes a wrapper or confining band (weights and measures act, 1963) section 58." he submits that in view of various definitions of container mentioned by madras high court, there is no doubt that what the appellants manufacture are containers of ..... keg, sack, fray, or other similar receptacles which is or has been or included to be used in connection with the transport of horticultural product (london country i act, 1959) section 11. 'container' includes any form of packaging of goods for sale as a single item whether by way of wholly or partly enclosing the goods or by way of ..... of facts and of clandestine clearance.accordingly, she has attracted the longer period of 5 years as given in rule 9(2) read with section 11-a of the central excises and salt act.she also imposes a penalty of rs. 25,000/- on the appellants under rule 173q of the central excise rules.2. learned advocate for .....

Ved Pal Anand Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1989Delhi264

..... above.(69) as far as documents are concerned, mr. rawal submitted that his client madan lal anand had retracted from his earlier statement made under section 108 of the customs act. the retraction statement dated the 20th june, 1988 according to him, was not placed before the detaining authority. he further submitted that a letter dated ..... possibly divine that such an order was going to be passed. mr. rawal then submitted that atleast the specially empowered officer who made the declaration under section 9 of the act should have kept that in view. at any rate, he urged that at the time of confirming the detention order, the central government ought to ..... filament yarn/ fibre was allowed and consequently made the polyester filament yarn/fiber imported duty tree liable to confiscation in terms of clause (o) of section 111 of the customs act, 1962. the manner in which the polyester filament yarn/fiber was decaled duty free and its sale into india without fulfillling the export obligations in .....

S.R. Farishta Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1989Delhi626

..... the period from 15-2-1976 to 9-6-1978 committed remissness in the discharge of ins duty in his capacity as a member of the force under section 11(1) of crpf act, 1949 in that he failed to ensure proper care i preservation and maintenance of stores. he having been fully aware of the fact that the number of latches ..... while functioning in the aforesaid office, the said si s.r. farista was guilty of neglect of duty in his capacity as a member of the force under section 11(1) of crpf act, 1949 in that having came to know of the fact through 690060741 ct. bhagwan singh. store man on 18-4-1978 at about 1945 hrs that one of ..... matter could not be maintained and that where a person was charged with a particular instance of misconduct on certain acts alleged to have constituted it he was held guilty of that charge on a finding as to those acts and also other acts wholly unconnected with the charge with which he had never been charged and which he had no opportunity to .....

Aruna Steel Rolling Mills Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC262

..... extended period of two years have held as under: "in that view of the matter and in view of the requirements of section 11a of the act, the claim had to be limited for a period of six months as the tribunal did. we are, therefore, of the ..... for consideration is whether the demand could be raised for the past period of six months. we observe that under section 11a, of central excises and salt act, 1944, a demand can be raised in case of short levy or non-levy for a period of six months ..... thereafter, the extra/unwanted material is removed by either trimming or by gas cutting or by skin cutting to achieve the shape and section nearest to the forged steel product required and also the forging clearances specified in the standards by i.s.i./or international. it ..... 12 mm or - 6 mm from the dimension shown on the drawings. a rolling tolerance of + 2-1/2 per cent on the section of tie-bars will be permitted. the slots shall be punched in one operation; and shall be clean and square, accurate in size .....

Indian Aluminium Cables Ltd. Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC71

..... reached by him to the effect that the appeal is maintainable, i would set out the following reasons.10. we are not concerned here with section 35b (1)(a) of the act which speaks of a decision or order passed by the collector of central excise as an adjudicating authority. we are concerned here with an order passed ..... decision. the term is often used in insolvency proceedings to denote an order by which a debtor is declared an insolvent. see section 7 of the provincial insolvency act, 1920 and section 10 of the presidency-town insolvency act, 1909. the collector may adjudicate proper duty payable on an instrument on application by any party see secs. 31 & 32. ..... satisfy that the appeal is maintainable and to this shri sridharan, the learned advocate stated that the appeal is maintainable. he has referred to section 35 of the central excises and salt act, 1944 and states that the appeal is maintainable in respect of any decision or order passed by the central excise officer lower in rank than .....

Collector of C. Ex. Vs. Ganesh Tobacco Co.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1991)(31)ECC68

..... gross weight of the package including the weight of the gunny packs, etc. he pleaded since the value is not defined in the notification in terms of section 20 of the general clauses act, the value as given in the statutes should be taken as the value for the purpose of the notification. he pleaded that the value including the cost ..... over the net weight would be relevant." "i have considered the matter. the law on the point relating interpretation of the expression "assessable value" under section 4 of the central excises and salt act, 1944 has been duly settled by the decision of the hon'ble supreme court in the writ appeal filed by the union of india and ors. against ..... in this order are as under : "i have considered the matter. the law on the point relating to interpretation of the expression 'assessable value' under section 4 of the central excises and salt act, 1944 has been duly settled by the decision of the hon'ble supreme court in the writ appeal filed by the union of india and ors. .....

income-tax Officer Vs. Girivanvasi Pragati Mandal

Court : Income Tax Appellate Tribunal ITAT Delhi

..... excluded except the provisions contained in the non obstante clause.thus, the non obstante clause will exclude the operation and applicability of every other provision in the act or the section, as the case may be, other than those that are provided for in the non obstante clause because the purpose of a non obstante clause is ..... account of the reason mentioned by the learned income-tax officer for imposing such penalty and also by keeping in view the provision of sub-section (3)(a) of section 271 of the act. since the facts did not admit of any further interpretation or conclusion, the setting aside of the issue to the learned appellate assistant commissioner ..... by the assessee and the learned appellate assistant commissioner mentioning that the learned income-tax officer was not justified in imposing the penalty and making mention of section 271 of the act, cancelled the penalty, observing that no penalty for late filing of the return could be imposed in such a case.17. the issue was brought .....

Ashok @ Billoo and anr. Vs. State (Delhi Administration)

Court : Delhi

Reported in : 38(1989)DLT173

..... sentence is set aside and he is acquitted of all the charges. the appeal no 42/86 of ashok and prem singh is dismissed and their conviction and sentence under sec. 302/34 indian penal code is confirmed. they are. however, acquitted of the charge u/s. 323/34 indian penal code and their conviction and sentence on ..... to undergo further rigorous imprisonment for six months. they have also been sentenced to undergo rigorous imprisonment for six months under section 323/34 ipc. sat pal appellant was also convicted u/s 27 of the indian arms act and sentenced to undergo rigorous imprisonment for one year. all the sentences have been made concurrent. the appellants have made a ..... in criminal appeal no. 27 of 1986 ashok and prem singh appellants in criminal appeal no. 42/1986 have been convicted under section 302/34, section 323/34, indian penal code, and sentenced to imprisonment for life under section 302/34 indian penal code and to the payment of fine of rs. 500.00 each, in default of which they .....

Kailash Chand Vs. Ganpat Rai

Court : Delhi

Reported in : 39(1989)DLT120; 1989(17)DRJ14; 1989RLR274

..... was repelled by their lordships of the supreme court by holding that there was enough guidance to the competent authority in the use of his discretion under section 19(1) of the act, and that it would fulfill the purpose which the law seeks to achieve viz. the orderly elimination of slums with interim protection for the slum ..... the dicta of the division bench and hold that inter se between the parties at least in view of the observations of the high court, provisions of section 19 of the act are not attracted. learned trial court was in the wrong in observing that the appellant went to the competent authority (slum) claiming himself to be a ..... the court of the rent controller, there is no purpose of harassing the applicant in the court of the competent authority. obviously, the present proceedings under section 19 of the act are infructuous and are not maintainable under law. the learned competent authority has erred in not considering the fact that the premises in dispute under the present .....