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S.J. Chaudhary Vs. Cbi

Court : Delhi

Reported in : 159(2009)DLT673

..... the theory behind a double impression is that if a key is sharply struck in a normal manner, the momentum of the heavy typeface will cause the thin steel type-bar to bend when its motion is arrested, so that the typeface follows on to deliver a single sharp blow to the ribbon which has been thrust between it and the paper. ..... let us review what the essentials are and take what god has given us with gratitude and thanks.should you choose to return to your own family - both you & i stand to lose a little face in society - but not too much that cannot be erased.the other alternative defies my powers to foresee what all it could ..... since the extremes of motion of the carriage of a typewriter are controlled by margin stops which get thrown out of action by pressure on the appropriate release keys, sometimes carriages tend to rebound from the stop which controls the left hand margin. ..... when the motion of the carriage is stopped by the right hand stop, the keys are locked to prevent further characters being printed. ..... further, when a typist is typing at a rate of sixty words a minute, he or she motivates about two hundred working parts a second, so that the creation of a line of transcript is the end product of many motions.134. .....

Modi Xerox Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD252(Delhi)

1. these two appeals by the assessee are directed against the order of cit, meerut, passed under s. 263 of the it act, 1961 (hereinafter called the act) and relate to the asst. yrs. 1991-92 and 1992-93.2. the solitary issue neatly identified by o. p. vaish, is in relation to the re-examination of issue apropos the denial of deduction contemplated under s. 80-i of the act on the ground that the item manufactured by the assessee-company comes within the ken of the eleventh schedule of the act, by resorting to the provisions of s. 263 of the act. "the assessee-company was granted licence for the manufacturing of "xerographic equipment and systems" coming under the head "high technology reproduction and multiplication equipment". it was engaged in the manufacturing of xerographic machinery, toner, developer and photoreceptor. it was also engaged in the servicing activities. on examining the facts and circumstances of the case, cit found that conditions precedent for assuming jurisdiction under s. 263 of the act did exist inasmuch as the item manufactured by the assessee-company was within the ambit of item no. 22 of sch. xi of the act. item 22 of sch. xi, reads as under : "office machines and apparatus such as typewriters, calculating machines, cash registering machines, cheque writing machines, intercom machines and teleprinters." explanation : the expression "office machines and apparatus" includes all machines and apparatus used in offices, shops, factories, workshops, .....

Rajesh Kumar Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 146(2008)DLT588; 2008(100)DRJ475; 2008(3)SLJ512(Delhi)

..... section 15 provides that in a case of criminal contempt other than contempt in the face of the court, the supreme court or the high court may take action on its own motion or on a motion made by the advocate-general or any other person with the consent in writing of the advocate-general and sub-section (2) of that section says that in case of criminal contempt of ..... justice gatikrushna misra : 1975crilj1 , hon'ble supreme court viewed that no appearl lie against the refusal of high court to take action on the motion made by the appellant the relevant portion of the order of hon'ble supreme court reads as under:now, while considering this question, we must bear in ..... that the scheme adopted by the legislature is that the court may initiate a proceeding for contempt suo motu or on a motion made by the advocate-general or any other person with the consent in writing of the advocate-general or on a reference made ..... of limitation by saying that no court shall initiate any proceeding for contempt either on its own motion or otherwise after the expiry of a period of one year from the date on which the contempt ..... under section 15 shall be served personally on the person charged and according to sub-section (2), such notice shall be accompanied, in case of a proceeding commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded, and in case of a proceeding commenced on a reference by a subordinate court, by a copy of the reference. .....

Court on Its Own Motion vs.state

Court : Delhi

..... if the ratio of the judgments in the matter of courts by its own motion (supra) to be applied, there is no discretion left with this court, but to release the accused on bail, but, at the same time, the fact of dismissal of anticipatory bail by hon ble delhi high court cannot be ignored ..... state (manu/de/3926/2017 also reported as 243 (2017) dlt373(db) (referred to as court on its own motion (2)) decided by a division bench of this court. ..... this court in court on its own motion (2) (supra) has observed as follows:"8 ..... of the accused person which is later on dismissed, but before its dismissal, the accused is admitted on bail by the court in the compliance of judgments of the hon ble delhi high court in the matter of court on its own motion vs state (supra) and court on its own motion v. ..... option to the magistrate to send the accused in jc who has been charge sheeted without arrest, and sending him in jc will be in violation of the judgments of hon ble delhi high court in the matter of court on its own motion vs state (supra) and court on its own motion v. ..... 2004 (72) drj629(referred to as court on its own motion (1)) and court on its own motion v. ..... answer to this question is covered by our decision in court on its own motion (2) (supra).40. ..... aforesaid question of law has already been answered by this court in court on its own motion (2) (supra). ..... decision of the learned single judge was relied upon by the division bench while answering the reference in court on its own motion (2) (supra).18. .....

Collector of Customs Vs. Bharat Vijay Mills

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(8)ECC23

h.r. syiem, member (t) for himself and for k.s. venkataramani, member (t) 1. the appellate collector has written one of the most detailed analysis of a technologically difficult subject and has left nothing untouched; it illuminates the matter as few orders have done. it is a tribute not only to the intellectual attainment of the author but also the depth of understanding and the labour that have gone into this tremendous work. the order examines every detail of each machines and goes into its performance, technicalities, features both negative and positive. one learns the subject by reading this exposition.2. in respect of step and repeat machines imported by m/s. bharat vijay mills, the appellate collector wrote seven pages of text and comes to the conclusion that its correct classification was under heading 84.34.the assistant collector thought that heading 90.10 was the correct heading. we reproduce these two headings so that we can see their respective coverage : machinery, apparatus and accessories for type-founding or type-setting; machinery, other than the machine tools of heading 84.45/48 for preparing or working printing blocks, plates or cylinders; printing type, impressed flongs and matrices, printing blocks, plates and cylinders; blocks, plates, cylinders and lithographic stones, prepared for printing purpose (for example, planed, grained or polished).apparatus and equipment of a kind used in photographic or cimematographic laboratories not falling within any .....

K. Mohan and Company (Exports) Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(42)ELT468TriDel

1. the question before the tribunal in this appeal is the classification of "hand operated knitting machines with punch cards -model 840". the custom house assessed the goods under heading 84.37(2) cta. the appellants claim assessment of the same under heading 84.37(1) cta. the customs considered that the imported goods were not domestic machines whereas the appellants claim that the goods are "other than domestic machines".2. the question, therefore, could be simplified into whether the imported goods are domestic knitting machines or not. shri m.g. abrol, the learned consultant for the appellants argued that the imported goods cannot be considered as domestic machines.3. reference was made, by both sides, during the course of arguments, to an earlier judgment of the tribunal in 1985 (22) elt 115 (c.c., bombay v. simac group (india) pvt. ltd., bombay in support of their respective claims. we have perused this judgment but do not propose to refer to it extensively as another knitting machine, and not the same as imported in this case, was being considered in that judgment. the question before us is one essentially of fact. therefore, in our opinion, it would be the right course to consider the facts relating to the present machine rather than to apply the findings which are relevant to a completely different model of knitting machine. however, we will refer to it to the extent relevant.4. shri abrol's argument was that the price of a machine is not an important or deciding .....

Twenty First Century Printers Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)LC117Tri(Delhi)

..... the detailed description of cutter and creasing has been given as "a mobile lower base block with minimal travel guarantees vibration free high speed operation eccentics, mounted on roller bearings, ensure a free and silent motion of the base block. .....

Shri P.V. Narasimha Rao Vs. State Through Cbi

Court : Delhi

Reported in : 2002CriLJ2401; 97(2002)DLT452; 2002(63)DRJ331

..... was hounded out of that place but he could see many people entering the house of shri ram lakhan singh yadav on the day when no confidence motion was to be debated and the photographs he took are ex.pw-75/d published in the newspaper issue dated 29.7.1993. ..... however, majority view held that since accused ajit singh (a-15) did not vote on no confidence motion in the lok sabha, he could not claim immunity under article 105 of the constitution of ..... we have held that the alleged bribe-takers who voted upon the no confidence motion, that is suraj mandal, shibu soren, simon marandi, shailendra mahto, ram lakhan singh yadav, ram sharan yadav, roshan lal, anadicharan das, abhay pratap singh and haji gulam mohammed (accused 3, 4, 5, 6, 16, 17, 18, 19, 20 and 21) ..... 1993, during the monsoon session of lok sabha commencing on 26.7.1993, a no confidence motion had been moved against the government by pw-14, shri ajay mukhopadhyay. ..... 's government was short by 14 votes to win the no confidence motion and required the support of mps of other parties. ..... it is correct that when the issue of no confidence motion came up, we four jmm mps discussed and decided to exploit the situation for obtaining creation ..... few days before the voting on no confidence motion and requested him to arrange a direct meeting between him and the prime minister ..... to the commencement of monsoon session it was clear that opposition parties intended to bring no confidence motion against the minority government headed by accused p.v. .....

Rajat Gupta vs.rupali Gupta

Court : Delhi

..... learned single judge are answered thus:-"question (a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for reference in cont.cas ..... following : i) the statutory period of six months specified in section 13b(2), in addition to the statutory period of one year under section 13b(1) of separation of parties is already over before the first motion itself; ii) all efforts for mediation/conciliation including efforts in terms of order xxxiia rule 3 cpc/section 23(2) of the act/section 9 of the family courts act to reunite the parties have failed and ..... connected matters page 14 of 64 (db), the learned single judge held the wife guilty of contempt of court for having breached the undertaking given to the learned adj in the first motion divorce proceedings under section 13b(1) of the act and issued a notice to show cause to her as to why she should not be punished for contempt of court, particularly when ..... questions of law have been framed for consideration:-" a) whether a party, which has under a settlement agreement decreed by a court undertaken to file a petition under section 13b(1) or a motion under section 13b(2) of the act, 1955 or both and has also undertaken to appear before the said court for obtaining divorce can be held liable for contempt , if the said .....

inspecting Assistant Vs. Kegg Farms

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1990)35ITD155(Delhi)

1. the revenue has preferred these two appeals objecting to the common order of the cit(a) dt. 1-6-1987 and has raised certain common objections. the notice on the department was served, but despite such a notice, no one appeared for the revenue and accordingly we have proceeded to hear these appeals exparte, by considering the arguments of the assessee in defence of the order of the cit(a) and the materials that have been placed on our record and other materials on our record.2. the main objection of the revenue relates to the acceptance of the claim of the assessee that it is a manufacturing and an industrial concern entitled to investment allowance and relief under section 80j of the act. this objection has been raised by the revenue on the consideration of the fact of assessee's business which is egg hatchery.the objection of the revenue is mainly on the fact that, hatching of eggs though done artificially with the help of machines, but the birth of a chicken from out of the eggs is a natural phenomena and the various machines which are used in the artificial hatching of eggs are providing for temperature and humidity control and therefore, the machines cannot be said to produce any article or thing. further objection of the revenue rests on the fact that, chicken are living beings and no living being are capable of being produced artificially, i.e., with the help of machines.3. the assessee's counsel sh.chadha supported the order of cit(a) and submitted that the .....