Court : Delhi
Reported in : AIR1991Delhi271; 44(1991)DLT111
..... calling upon him to proceed with the reference and decide the disputes, compelling sh. man mohan lal monga to file an application under section 20 of the arbitration act which was registered as suit no. 1106a/84. even otherwise most of the proceedings were recorded by the arbitrator in a register. instead of filing that register, ..... , advocate at the instance of the parties and they accepted the same to be correct.3. the application under section 14(2) of the arbitration act (hereinafter referred as the act) is signed by sh. suresh singh, advocate wherein he said that he had been requested and authorised to file the original stamped award made by the ..... following words:'whereas disputes have arisen between the parties of this deed and they are desirous of referring their disputes to the arbitrator under the provisions of the arbitration act. the matters in difference between the parties are their shares with regard to the assets and liabilities of the following: 1. m/s. shori lal and sons .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)(56)ELT64TriDel
..... not have been binding on the government, because its powers of resumption are regulated by the statute, and must be exercised in accordance with its provisions. the act confers no authority on the government to grant exemption from resumption, and an undertaking not to resume will be invalid, and there can be no estoppel against ..... impugned adjudication order? "in the facts & circumstances of the case what is the legal effect of not specifying under which sub-sec. of section 112 of the customs act the penalty is imposed, while imposing penalty in the impugned adjudication order." 30. shri balvir singh son of shri bela singh, village & p.o. jalapur, district ..... was adjudicated and seized gold coins and currency were ordered to be confiscated absolutely and personal penalty of rs 10,000/- under provisions of section 112 of customs act, 1962 was imposed. the appellant preferred appeal and the collector (appeals) dismissed the appeal. the said order has given rise to the present appeal.2. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi358
..... services of the petitioners retrospectively. or otherwise, and to pay them equal salary as that being given to regular employees of the principal employer. 'the act does not prohibit employment of contract labour altogether. it only regulates the employment of contract labour in certain establish* rents and provides for its abolition in certain ..... literate daily wage employees association and others v. state of karnataka and others : (1990)iillj318sc . (16) that was, however, not a case under the act and, the direction sought therein was to confirm the.daily rated and monthly rated employees as regular government servants. 50,000; such workers had been employed in different ..... petitioners to become employees of scope only was questioned and it was asked if they would become employees of bal bharti school and state trading corporation of india as well by applying the principles of the act. in the petitions it was also submitted that special training was imparted to the employees and it would .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1992)(57)ELT131TriDel
..... this communication on the ground that section 11a procedure was not followed. the collector (appeals) dismissed the assessee's appeal holding that the lower authorities have only acted upon the order of the high court of andhra pradesh and that the communication of the superintendent is not an appealable decision or order in terms of section 35 ..... of the central excises and salt act, 1944. hence this appeal.2. we have heard shri prabhakara sastry, the learned counsel for the appellants and shri jayanarayanan nair, the learned dr for the respondent ..... not issued a demand notice under section 11a it was not correct for the executive collector to make it an issue for determination under section 35e of the act. against the aforesaid order, the revenue came in appeal to the tribunal (srb). tribunal in coming to a decision that demand for differential duty is not .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)LC717Tri(Delhi)
..... that it is not a fit case where we could exercise our discretion in terms of the provisions of sub-section (5) of section 35b of the central excises & salt act, 1944. the appellant's prayer for condonation of delay is rejected.7. since we have rejected the appellant's prayer for condonation of delay, we are dismissing the appeal being ..... .a. 3. the appeal was received in the registry on 5th november, 1985. in terms of the provisions of sub-section (3) of section 35b of the central excises & salt act, 1944, an appeal has to be filed within three months from the date of communication of the impugned order. thus, the appeal should have been filed on or before 24th ..... advocate. shri sastry stated that he has got no objection for the rectification of the mistake in terms of sub-section (2) of section 35c of the central excises & salt act, 1944. in view of the submissions of both sides, we hold that it is a mistake apparent from record. accordingly we recall the earlier order passed by us and in .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)LC430Tri(Delhi)
..... . secondly, actual return or extent of return of the durable and returnable containers is not relevant. if the buyer chooses to return the packing, the seller should be obliged to act and refund the stipulated amount.8. the tribunal in c.c.e. v. e.i.d. party (india) ltd. [1989 (40) elt139 (tri.)] laid down the following tests ..... the packing is excluded.mahalaxmi glass works (p) ltd. v. c.c.e. [1988 (36) elt 727 (sc)] considered the scope of section 4(4)(d)(i) of the act.the supreme court while reiterating the ratio laid down in radhakrishaiya observed as follows: "actual return or extent of the return is not relevant. what is necessary is that if ..... for the valuation of the excisable goods reads as follows : "section 4 : valuation of excisable goods for purposes of charging of duty of excise. - (1) where under this act, the duty of excise is chargeable on any excisable goods with reference to value, such value, shall, subject to the other provisions of this section, be deemed to be- (a .....
Tag this Judgment!Court : Delhi
Reported in : AIR1992Delhi267; I(1993)DMC435; 1992RLR37
..... merits in the light of submissions addressed.7. to my mind, the question requires determination on first principles, as to whether petitioner in a petition under the hindu marriage act, filed on the allegation of adultery, desertion and cruelty, can seek a decree of divorce, simply on the basis of the averments in the written statement per se, ..... his sister-inlaw, which were also found to be false, it was held that the wife's allegation considered in the context of the circumstances did not constitute an act of cruelty entitling the husband to a decree of dissolution of marriage.32. it is, thereforee, not possible to countenance the position at this stage that mere averments ..... found to be false or unwarranted; will have to be further subject to satisfaction of the court on issue no. 5a, within the contemplation of section 23 of the act.35. in view of the foregoing, the application is hereby dismissed, with costs. counsel's fee rs. 1000/-.36. it goes without saying that the views expressed and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi540
..... authorisation from a competent court for transfer of the share of the minor. guardian has been defined in section 4(b) of the hindu minority and guardianship act, 1956 (hmg act for short). it says that 'guardian' means a person having the care of the person of a minor or of his property or of both of ..... no. 30(70) in view of the fact that the impugned agreement is specifically enforceable and under explanationn (1) appended to section 10 of the specific relief act, the court shall presume, unless and until the contrary is proved, that the breach of a contract of transfer immovable property cannot be adequately relieved by compensation in ..... contracted to sell previously. the transfer of ownership will necessarily carry with it the obligation to transfer possession also. even section 19(b) of the specific relief act provides that specific performance of a contract may be enforced against either party thereto or other persons claiming under him by a title arising subsequently to a contract, .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT409
..... of the indian penal code is an agreement by two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means. the agreement is the gist of the offence. in order to constitute a single general ..... or surinder mehta. even otherwise as has been stated earlier, the petitioner is stated to have worked for surinder mehta in one single act of conspiracy for the export of 2.4 kgs. of heroin which he delivered to one sardarjee at the instance of surinder mehta ..... that purpose the whole matter can be disposed of with reference to the statement allegedly made by the petitioner under section 67 of the ndps act. he stated that on 21-11-87 when he entered room no. 317 of hotel ashoka to meet dev singh alias sukhdev ..... on the same date the ncb filed another complaint against the petitioner and one surinder mehta for offences under sections 29, 21 and 23 ndps act. it is alleged to have been done in a mala fide manner and to frustrate the orders of the high court. (2) .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT589; 1992(23)DRJ65; 1992RLR253
..... the hon'ble supreme court held that the revisional powers of the high court, under section 29(3) of the bombay rents hotel and lodging house rates (control) act could only be exercised, if there was miscarriage of justice due to mistake of law. the finding of the lower court, as to bonafide requirement and greater hardship to ..... due to mistake of law and no interference is, thereforee, called for. he has sought reliance from the provisions of sub-section (8) of section 25b of the act, which clearly states that the high court may, for the purpose of satisfying itself, that an order made by the controller under this section is according to law, call ..... of his office and library, bonafide requirement of the landlord for purpose of residence will not stand vitiated or become extraneous to provisions of section 14 of *he act, as any professional man would necessarily have to set apart portion of his residence for his professional use and the premises would not cease to be residential in this .....
Tag this Judgment!