CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
Harish Chander, I.J. Rao, K. Prakash Anand, JJ.
Collector of Central Excise -Appellant
Versus
F.G.P. Ltd. -Respondent
Order No. 522/1988-A, E/COD/148/88 Appeal No. E/1533/88-A, 522 of 1988, 148 of 1988, E/1533 of 1988
Decided On : 27-10-1988
Harish Chander, Member (J)
1. Collector of Central Excise, Bombay - III had filed an appeal being aggrieved from order-in-appeal No. HN-30/B. III-13/86 (File No. V-2 (15A) 579/86) passed by the Collector of Central Excise (Appeals), Bombay. In Column No. 3 of the memo of appeal the date of communication has been mentioned as 17th Sept., 1987. The appeal was supported with an application for condonation of delay and an affidavit sworn before a Notary Public. The matter had come up for hearing before the Tribunal on 19th July, 88 and the learned S.D.R. had made a request for adjournment on the ground that he wanted to substantiate his grounds for condonation of delay. In the interests of justice an adjournment was granted even though it was opposed by the other party. The matter had come up for hearing today. The learned J.D.R. stated that he has not received any information from the Collector in this regard in spite of the fact that a telex was sent on 19th July, 1988. He again requested for adjournment. Shri Ravinder Narain opposed the request for adjournment and in support of his arguments he referred to a judgment in the case of Union of India v. Visveswaraya Iron
2. Shri R.P. Sharma has reiterated the contentions made application for condonation of delay. He has pleaded that the applicant was prevented by sufficient cause in the late filing of the appeal. In support of his arguments he has referred to the case of Collector Land Acquisition v. Mst. Katiji Bibi reported in MANU/SC/0460/1987 : 1987(28) ELT 185 where the Supreme Court had held that the appellant Is not to explain each and every day's delay. He has pleaded for the condonation of delay.
3. Shri Ravinder Narain has opposed the condonation of delay and has stated that the appeal was filed on 13.1.1988 and the order was communicated on 17.9.1987. Thus there Is a delay of 29 days. In support of his arguments he has cited the judgment of the Hon'ble Supreme Court In the case of Union of India and Ors. v. Tata Yodogawa Limited and Anr. In Special Leave Petition Nos. 3772-73 of 1987. He has also cited another judgment of the Tribunal In the case of Collector of Customs, Bombay v. Caprihans India Limited reported In 1988 (33) ELT 110 (paras 9
4. We have heard both the sides and have gone though the facts and circumstances of the case. The application for condonation of delay filed by the Collector of Central Excise, Bombay is reproduced below:-
"The delay caused in filing the appeal is actually for 29 days i.e. from 16.12.1987 to 13.1.1988 and including the date of filing the
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.