Court : Delhi
Reported in : 1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874
..... late r. s. mool chand and that a sum of rs. 25 is required to be deposited in government treasury asbank's charges for deposit, transport and departmental charges on the said box and the same was duly deposited and other legal formalities required by the ministry of rehabilitation was also complied with ..... can exist independently of contract, though there is often a c set out the terms and conditions. examples of bailment are hire-purchase, pledge, carriage of goods, delivery of goods for repair, etc. and the point at which c involved-safe custody. warehousemen, of course, are bailees, but they are more concerned with the preservation ..... roona) meyappa379chetty (supra)deals with the necessity of obtaining the letters of administration.-the following paragraph from page 205may be reproduced as under :'there was a good deal of discussion before their lordships' hoard as to what would have been the result had the english statutes of limitation been applicable. this discussion, though perhaps .....
Tag this Judgment!Court : Delhi
Reported in : 64(1996)DLT295
..... of the instructions laid down in that behalf. the said consignment of 1200 litres of milk, was sent by military farm roorkee to military farm dehradun through a hired transport at about 3 p.m. on 14th december, 1991 i.e. after about 13 hrs. of receiving of the said consignment from military farm meerut. military farm ..... command and control on functioning of military farm, meerut and military farm depot, roorkee and personnel under his command 3rd charge an act prejudicial to aa section 63 good order and military discipline in that he, at meerut during december 91, as oic military farm, meerut while supplying milk to military farm depot, roorkee did not ..... or lapse of the subordinate at military farm, meerut and military farm depot, roorkee and their inefficiency and indiscipline. 4th charge an act prejudicial to aa section 63 good order and military discipline in that he, at meerut during december 91, as oic military farm, meerut while supplying milk to military farm depot, roorkee did not .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2003)(156)ELT878TriDel
..... therefore, the appellants were not entitled to the benefit of notification no. 49/86.5. on the question of sale value being considered as inclusive of freight and transport charges and the central excise duty, the id. sdr submitted that the appellants did not produce any evidence at deliveries were not being given at the factory gate ..... submits that the main issue for determination in this case is whether the appellants had used power in the manufacture of goods described as hand-made footwear. he submitted that on the date of visit of central excise officers, they found the appellants using power for the manufacture of ..... cleared. summing up his arguments, the id. counsel submitted that in view of the submissions and the evidence on record, no duty is demandable nor the confiscation of goods and penalty was warranted. he therefore, prayed that the impugned order may be set aside.4. shri a.k. madan, the learned sdr appearing for the respondents .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(82)ELT517TriDel
..... the concrete platform 25' above the ground level. it has, therefore, been contended that assembly of mudgun and tap hole drilling machine elsewhere for being transporting and mounting them at a height of 25' on the cast house floor of a blast furnace being a physical and engineering impossibility, the assembly of ..... when the needs arose.30. from the facts on record, it is seen that the appellant company were engaged in the manufacture of identifiable goods. these goods were manufactured goods and were marketed and traded world wide. in the present case they were supplied as identifiable specific purpose equipment. as common with all the ..... indescribable as the equipments"...."manufacture having taken place and the two resultant distinct and identifiable equipments being specifically included in the central excise tariff are excisable goods and have to discharge duty liability".... " as to the question whether the hydraulic mudgun and tap hole drilling machine manufactured can be treated as .....
Tag this Judgment!Court : Delhi
Reported in : 1995(35)DRJ485
..... and purpose of the act more comprehensively than the long tithe. it may recite the ground and cause of making the statute evil sought to be remedied ( the secretary regional transport authority vs d.p. sharma, : air1989sc509 . according to chief justice dyer preamble is a key to open the mind of the makers of the act and the mischief which they ..... creating an equitable mortgage in favor of the plaintiff bank. the suit is styled as one under order 34 civil procedure code seeking relief of the sale of mortgage property and hypothecated goods as also a money decree for the recovery of the suit amount. (3) on 1.5.95, this court directed the records of the suit to be transmitted to the .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... the bill concerns the consignment of lubricated oil sent by first defendant at delhi to its customer defendant no. 2 at lucknow through the third defendant, a transporter. the bill is not honoured by the second defendant when presented for the first time. there is a great deal of correspondence between the bank, the ..... first and second defendants, and ultimately the bank instructs the third defendant, the transporter, to re-book the consignment to delhi. the third defendant informs the bank that the goods are lying undelivered at its u.p. border office, and the third defendant makes a claim against the bank for ..... rs. 'y' on account of transportation charges, demurrage/storage charges. the transporter also raises its counter-claim against defendants 1 and 2. various .....
Tag this Judgment!Court : Delhi
Reported in : (1994)221CTR(Del)431; ILR1998Delhi247; [1995]211ITR861(Delhi)
..... october 8, 1993 (see [1993] 204 itr 40 : 'thus, the provisions of section 194c are applicable to all types of contracts for carrying out any work, such as transport contracts, service contracts, labour contracts, material contracts as well as works contracts, etc.' 26. it is practically repeated in paragraph 7 of circular no. 681, dated march 8, ..... sales tax on the sale of materials involved in a works contract. this necessitated an amendment to the constitution to enable the levy of sales tax on the cost of goods supplied by the contractor, while executing the works contract. the history is narrated in detail, in builders association of india v. union of india : [1989]2scr320 ..... 194c did not envisage deductions to be made out of the payments for rendering or doing any service and that the contract in question entered into for loading the goods, was a contract to avail of the services for loading the packed materials. this contention was not accepted by the high court. the high court held at .....
Tag this Judgment!Court : Delhi
Reported in : [1995(71)FLR535]; ILR1995Delhi529
..... jitender nath bids was v. m/s. empire of india tea co. : (1989)iillj572sc and of karnataka high court in the case of hariba v. karnataka state road transport corporation : (1983)iillj76kant , where in has been held that a consideration namely, that the opposite party should not be denied of a valuable defense is a ..... : (1980)iillj155sc , where it was pointed out that a temporary employee is appointed on probation for a particular period 'only in order to test whether his conduct is good and satisfactory so that he may be retained'. it was also said that even if misconduct, negligence, inefficiency may be the motive or the influencing factor which induced the employer ..... this court. item 5 of the fifth schedule is reproduced as under : - 'item 5 : to discharge or dismiss workman - (a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the employer's right; (c) by falsely implicating a workman in a criminal case on false evidence or no concocted evidence; (d) for .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)(70)ELT247TriDel
..... and commissioning by deducting expenses incurred by the manufacturer for providing labour and other services from such total receipts; of course freight charges for transporting goods from the place of manufacture to the site, if borne by the manufacturer and included in such receipts towards erection and commissioning charges, ..... fabrication and erection of steel work and steel roofing. they added that the charges relating to the transportation, insurance, loading, unloading, erection and commissioning and elements of expenses arising after clearance of the goods from the factory were not includible in the assessable value of the boilers. in that case, the ..... , storage silos, spray painting systems, wind operated electric generators, pressure vessels, heat recovery system etc. (para 2 of the memo of appeal). the goods were supplied on order and were manufactured as per requirements pf the customers.keeping in view the specific operational requirements of the customers and the ground realties .....
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